"SEC Changes Course on Mandatory Arbitration" | Episode 5

In this episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth unpack a major shift in Texas business law with real consequences for LLCs, private equity sponsors, and minority investors. They examine new statutory changes allowing fiduciary duties to be eliminated by contract, how Texas's approach diverges from Delaware's, and why choice of law and precise drafting have never mattered more.

In our latest episode, Delaware Senate Majority Leader Bryan Townsend sits down with Akin litigation partners Scott Barnard and Stephanie Lindemuth to offer an insider's view of the legislature's response as debate over Delaware's corporate law direction continues. In this episode, Senator Townsend explains why the General Assembly advanced Senate Bill 21 as a measured legislative response to bring clarity and consistency to Delaware corporate law. He addresses market concerns, the legislature's role and the future of Delaware corporate law. Listen Now.

In our latest podcast episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth discuss the SEC's recent policy shift on mandatory arbitration provisions and what it means for public companies—particularly in light of differing state law approaches in Delaware, Texas and beyond. Listen Now.

In this episode, we examine recent decisions out of Delaware that are reshaping the conversation around corporate governance and the competitive landscape between Delaware and Texas. Akin litigation partners Scott Barnard and Stephanie Lindemuth are back to discuss significant recent updates, including the Delaware Supreme Court's reversal in Moelis, its remedy-focused ruling in the Musk/Tesla matter and the first judicial interpretation of the amended Section 220. Together, these decisions signal Delaware's effort to reinforce predictability, realign with legislative changes and respond to the broader debate around corporate migration. Listen now.

We present the third and final episode of our limited series podcast on how Texas and Delaware are positioning themselves as leading jurisdictions for corporate incorporation and litigation.  Join our co-hosts, Akin litigation partners Scott Barnard and Stephanie Lindemuth, as they dissect the operational realities of the new Texas Business Courts. They'll explore the courts' structure, inherent challenges and the long road ahead as Texas vies for prominence against Delaware's established dominance.

We present the second episode of our limited series podcast on how Texas and Delaware are positioning themselves as leading jurisdictions for corporate incorporation and litigation. This week, we examine recent developments in corporate law and the efforts by both states to attract businesses.   Our co-hosts, Akin litigation partners Scott Barnard and Stephanie Lindemuth, explore the legislative changes and structural differences that are shaping the corporate law environment, with a specific focus on fiduciary duties, standards of review and shareholder rights.  Listen now.

Akin is excited to announce the launch of our three-part, limited series podcast, The Business Court Benches: Delaware and Texas Compared. This topical series, co-hosted by Akin litigation partners Scott Barnard and Stephanie Lindemuth, will dive into the bold steps Texas has taken to rival Delaware as the go-to jurisdiction for corporate litigation.  Our first episode, "'DExit' or Just Drama? The Future of Delaware and 'Y'all Street," explores the historical significance of the Delaware Court of Chancery, recent shifts in corporate law jurisprudence and the emerging competition from Texas's new business courts. Over the coming weeks, stay tuned as we provide in-depth analyses and insights that will help you navigate this evolving landscape.

In the latest episode of our OnAir with Akin podcast, we continue our Speaking Sustainability series hosted by Chad Smith, a consultant in the New York office specializing in ESG. Chad is joined by guests Jim Deeken, an investment management partner in the Dallas office, and Kirk Anderson, an investment management counsel in the New York office. The trio explores the challenges of implementing ESG principles in the corporate world, highlights the importance of aligning ESG statements with actual practices to avoid legal issues and regulatory scrutiny and the risks involved with false sustainability claims. To learn more, visit akingump.com.

In the latest episode of our OnAir with Akin podcast, we share our Speaking Sustainability series with Chad Smith, a consultant in the New York office. Joined by guest Jim Deeken, an investment management partner in the Dallas office to discuss the intricacies of Delaware law concerning directors' duties, emphasizing the importance of understanding the duty of care and loyalty to avoid potential liabilities. They highlight the limitations of the business judgment rule and the necessity for directors to ensure proper risk management and oversight, particularly in relation to environmental, social and governance (ESG) issues. To learn more, visit akingump.com.

In the latest episode of our OnAir with Akin podcast, we continue our Regulatory Minutes series, hosted by investment management partners Barbara Niederkofler and Jason Daniel, with special guest William Wetmore, an investment management partner in Akin's San Francisco office. In this episode, we discuss various regulatory developments and cover topics such as the Internet Advisors Rule, climate disclosure for reporting public companies, enforcement actions related to 13D versus 13G filings and AI Washing, legal cases involving settlement agreements in proxy contests, and the SEC's case against Coinbase. We also highlight upcoming compliance deadlines, including the shortening of the settlement cycle and the delivery of fund documents. To learn more, visit akingump.com.