Stacey P. Eilbaum
Stacey Eilbaum is an associate in the Litigation Department. Her practice involves a variety of complex commercial litigation matters, including contract disputes, securities litigation, cross-border commercial disputes and domestic and international arbitration. Stacey has appeared in state and federal court and in proceedings before JAMS and the International Chamber of Commerce.
Stacey’s recent representations include an international arbitration based in London under the ICC Rules concerning indemnity provisions in a personnel supply agreement and securities litigation in New York related to the multibillion-dollar Petrobras scandal in Brazil.
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On October 20, 2015, SEC Chair Mary Jo White gave the keynote address at the “Evolving Structure of the U.S. Treasury Market” conference organized by the U.S. Department of Treasury and the Federal Reserve Bank of New York. The conference and speech follow this summer’s Joint Staff Report analyzing the significant volatility that the U.S. … Continue Reading
Potentially abusive trading algorithms, such as algorithms that purportedly engage in “spoofing” or “layering” are the subject of considerable regulatory interest. However, in an interesting complaint filed on October 19, 2015, the CFTC alleged that a firm manually entering futures orders engaged in illegal spoofing that appears to have lured algorithmic traders into the market. … Continue Reading
After prolonged criticism over its lack of prosecution of individuals responsible for corporate misconduct, the Justice Department has issued new internal guidance that makes clear that prosecuting individuals in white collar cases is a high priority and should be considered at the very early stages of a corporate misconduct investigation. … Continue Reading
Yesterday, the Delaware Senate passed legislation prohibiting publicly-traded corporations from adopting bylaws that force shareholders to pay legal fees if they bring internal corporate claims against the company in court and do not win. The legislation also allows Delaware corporations to designate Delaware – but not any other state – as the exclusive forum for … Continue Reading
On April 29, 2015, Senator Bryan Townsend introduced legislation that would amend the Delaware General Corporation Law (DGCL) to ban fee-shifting bylaws for Delaware stock corporations (non-stock corporations would continue to be able to adopt fee-shifting bylaws). The bill, Senate Bill No. 75, would also confirm the Court of Chancery’s decision in Boilermakers Local 154 … Continue Reading
Signaling that it is closely scrutinizing the expenses of senior executives and the internal controls of public companies, the Securities and Exchange Commission charged former Polycom CEO Andrew M. Miller this week with using approximately $190,000 in corporate funds for personal expenses and falsifying business records to hide this scheme from investors. The SEC alleged … Continue Reading
In December, we reported on the Delaware Court of Chancery’s continued validation of board-adopted forum-selection bylaws in City of Providence v. First Citizens BancShares, Inc., 99 A.3d 229, 234 (Del. Ch. 2014), and the proposed amendment to the Delaware General Corporation Law (DGCL) that would eliminate the ability of Delaware stock corporations to impose liability for … Continue Reading
The D&O Diary featured a version of this post, entitled “New Debate in January on Delaware Bylaws re Shareholder Liability,” as a guest blog post. Many thanks to Kevin LaCroix of The D&O Diary for publishing our post. The ability of corporations to impose liability on shareholders through bylaws and charter provisions has been the subject of … Continue Reading
SEC Chair Calls for Reexamination of Treasury Market Regulations in Light of High Speed Electronic Trading
By Brian Friedman, Boris Zeldin, Harry Frischer and Stacey P. Eilbaum on Posted in Securities Law, Securities Regulatory
CFTC Accuses Firm Manually Entering Orders Of Spoofing Scheme That Fooled Algorithmic Traders
By Brian Friedman, Boris Zeldin, Harry Frischer and Stacey P. Eilbaum on Posted in Financial Services
Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance
By Stacey P. Eilbaum and Sigal Mandelker on Posted in White Collar
Delaware Senate Passes Bill Prohibiting Bylaws on Fee Shifting
By Jonathan Richman, Rachel Wolkinson, Stacey P. Eilbaum and Tanya Dmitronow on Posted in Corporate Governance, Securities Law, Securities Litigation
Delaware Legislature to Consider New Fee-Shifting Legislation
By Jonathan Richman, Rachel Wolkinson, Stacey P. Eilbaum and Tanya Dmitronow on Posted in Securities Law, Securities Litigation, Securities Regulatory
SEC Charges Ex-CEO with Concealing Personal Use of Corporate Funds from Investors, Settles with Corporation
By Stacey P. Eilbaum and Sigal Mandelker on Posted in SEC Enforcement
State Bar Council Proposes New Legislation for Delaware Fee-Shifting Ban and Delaware Court of Chancery Considers Fee-Shifting Bylaw
By Jonathan Richman, Rachel Wolkinson, Stacey P. Eilbaum and Tanya Dmitronow on Posted in Securities Law, Securities Litigation
Delaware Legislature to Resume Debate in January on Bylaws Imposing Liability on Shareholders
By Rachel Wolkinson, Stacey P. Eilbaum and Tanya Dmitronow on Posted in Corporate Governance, Securities Law
