Texas Governor Greg Abbott signed a bill that bans transgender healthcare, including puberty blockers and hormone therapy for minors, making it the largest of the 20 states to have outlawed gender-affirming care. The law creates an exception for minors who began treatment before June 1. Similar bills have been promoted across the country by Republican lawmakers, saying they mistrust the consensus among major medical associations that endorse gender-affirming care as needed and even lifesaving for trans youth. Read more.
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To say that federal appellate courts are at odds on the question of whether corporations can use forum selection clauses to shut down derivative shareholder suits in federal court is a considerable understatement. On Thursday, a sharply divided en banc 9th Circuit panel ruled that The Gap can enforce its forum selection clause to move a shareholder derivative suit alleging misleading diversity disclosures to Delaware Chancery Court, even though Chancery does not have jurisdiction to hear shareholders’ Exchange Act claims. That holding is in contrast with a 2022 7th Circuit ruling that allowed Boeing shareholders to keep litigating derivative claims in federal court despite Boeing’s forum selection clause. The courts are divided on how to interpret both Delaware and federal law. But that’s not all, writes Alison Frankel. The 9th Circuit cast doubt on 1964 Supreme Court precedent, suggesting that shareholders may not be entitled to bring these cases at all.
Check out other recent pieces from all our columnists: Alison Frankel, Jenna Greene and Hassan Kanu
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