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On June 23, 2023, the Texas Supreme Court issued a decision embracing the rule that an investor can engage in customary investment practices without becoming liable for torts committed by a portfolio company.

Notice provisions outlining the proper method for conveying key information are omnipresent in commercial contracts, but they are also frequently overlooked.

Virtually every day brings another headline trumpeting the latest campaign by a shareholder activist against a public company. Activists have become fixtures on the corporate landscape, agitating for change at a growing number of U.S. corporations. Over the last 15 years, the number of activist campaigns in the U.S. has more than tripled, reaching 277…