Insights

The Westbrook & Hayes Journal

Strategic perspectives on commercial litigation, securities defense, M&A, and government investigations. Written by our partners; published when we have something worth saying.

InvestigationsApril 2026·12 min

When the SEC opens an investigation: a general counsel’s playbook

What to do in the first 72 hours, what to expect over months 1 through 12, and where general counsel typically make costly mistakes.

M&AMarch 2026·10 min

Activist defense in 2026: lessons from the 2025 proxy season

Three big themes from this year’s activist campaigns + what’s changing for 2026 boards.

SecuritiesMarch 2026·11 min

10b-5 class certification: the post-Goldman landscape

How class certification standards have evolved and what defense counsel should be teeing up at the certification stage.

LitigationFebruary 2026·8 min

Pre-litigation strategy: when settling early actually costs more

Counter-intuitive cases where the right move is litigating to motion stage before settling — even when the math "looks like" early settlement is cheaper.

M&AJanuary 2026·9 min

The Delaware Chancery Court’s evolving M&A scrutiny

Three recent decisions and what they mean for special-committee process in 2026 transactions.

LitigationJanuary 2026·7 min

Appellate strategy: when not to file a brief

When briefing the issue creates more risk than letting a trial-court ruling stand. A counter-intuitive look at appellate decision-making.

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