New York state courts still not accepting nonessential lawsuits
The chief administrator of the New York state courts has said it would be a serious mistake to open up the state courts to the torrent of...
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Part 2: Do I have to go through with this? A summary of recently filed MAE/MAC cases
As previously predicted in our blog piece Do I have to go through with this? A summary of recently filed MAE/MAC cases, material adverse...
COVID-19 disclosure: SEC Chairman urges companies to practise 'good corporate hygiene'
Message from the SEC Chairman: On 2 April 2020, US Securities and Exchange Commission Chairman Jay Clayton urged SEC-reporting...
But was he wearing pants? Oral arguments and court hearings in the time of COVID-19
US courts are back on line, with hearings and oral arguments proceeding virtually. Some courts are having conference calls while others...
Do I have to go through with this? A summary of recently filed MAE/MAC cases
We thought it might be helpful if we summarize the recent cases filed in the Delaware courts that implicate material adverse...
Proxy advisory firms provide perspective and guidance in light of the impact of COVID-19
On March 23, 2020, Glass Lewis issued its perspective on the impact the COVID-19 pandemic has had, and will continue to have, on...
Should businesses care about the mobile phone based tracing mechanisms?
Over the last several days, companies around the world have announced plans to develop a contact tracing mechanisms to help combat the...
Not so fast! A revealing look at the data behind recent poison pill adoptions and what boards should be doing now
A number of commentators have written in recent weeks about a growing trend of issuers of all shapes and sizes adopting shareholder...
Why parties now need to focus on interim operating covenants
Against the backdrop of unexpected developments arising from the COVID-19 pandemic, parties with signed, but not yet closed, M&A...
COVID-19 litigation in the US just beginning
We are starting to see COVID-19-related litigation in the US, which is not a surprise. Most of the brewing disputes have not made it to...
Waste not, want not: Delaware sounds a warning to directors and officers contemplating distressed acquisitions
A warning to potential acquirors of distressed targets appears at the end of the Delaware Court of Chancery’s recent opinion in In re...
US Federal Reserve: further crisis funding
Today, the Federal Reserve took additional actions to provide up to $2.3tn in loans to support the US economy. This funding will assist...
Collaborative efforts to address COVID-19: a cross-jurisdictional antitrust enforcement update
The COVID-19 pandemic has threatened not only public health, but also economies around the world.
Many companies are exploring ways...
COVID-19 disclosure: SEC Chairman urges companies to practice 'good corporate hygiene'
Message from the SEC Chairman: On 2 April 2020, US Securities and Exchange Commission Chairman Jay Clayton urged SEC-reporting...
CARES Act: key considerations for the aviation industry
Perhaps no industry has suffered, and continues to suffer, the impact of the COVID-19 pandemic more so than air transport. The...
COVID-19 not slowing down US plaintiff lawyers
The researchers at Lex Machina have published a study that shows a few interesting things about US court filings.
First, the study...
Navigating strategic alternatives in distressed scenarios: important takeaways for boards
As the economy continues to experience daily turmoil in the wake of the COVID-19 crisis, it becomes increasingly likely that some...
CARES Act: considerations for financial sponsors
Note: This post has been updated to reflect supplemental programs implemented by the Federal Reserve on April 9, 2020.
The Coronavirus...
Wait, are you recording this? Videoconferences in the time of COVID-19 -- a US perspective
With everyone around the world working from home, sheltering in place, and social distancing, videoconferencing is proliferating....
A primer on private investments in public equity (PIPEs) in the US
In the current environment, as companies fear scarcity of capital and rush to draw on their existing credit lines, they should consider...
COVID-19 and close-out litigation: Risks and practical tips
In recent weeks, financial markets have undergone significant volatility and disruption in the wake of the COVID-19 pandemic, and the...
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