It is nice to see a state court take a skeptical look at Delaware corporate governance law. The Minnesota Supreme Court chose not to adopt Delaware law on an important corporate governance question — when is a shareholder’s claim “direct” as opposed to “derivative.” The decision is available here: In re Medtronic, Inc. Shareholder Litigation. The…
Continue reading ›There are numerous hidden fees that you should be looking for in employer retirement accounts like 401(k). This piece by John Wasik tells you about some of the biggies — surrender fees, back-end loads, front-end loads, and 12b-1 fees, which are marketing and distribution fees that you should not be paying. Paying 12b-1 fees for…
Continue reading ›How does one get the tweets of @realDonaldTrump into evidence? This is an interesting question raised by Kelly Twigger in Above the Law this week. Above the Law – Are Donald Trump’s Tweets Self-Authenticating It is a question that litigators face in seeking to admit all kinds of social media but it is more fun to…
Continue reading ›When federal government employees recommend an investment adviser who steals employee retirement funds, “sovereign immunity” prevents recovery against the government. In many ways, the retirement savings of federal employees are safer than employees of private companies. The Thrift Savings Plan and other 401(k)-like plans offered by the federal government have fewer of the inappropriate investment…
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