Apr 28, 2020 New York state courts still not accepting nonessential lawsuits By Timothy Harkness 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...
Apr 24, 2020 Part 2: Do I have to go through with this? A summary of recently filed MAE/MAC cases By Nathan Hembree Timothy Harkness Kate Apostolova 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...
Apr 20, 2020 But was he wearing pants? Oral arguments and court hearings in the time of COVID-19 By Timothy Harkness US courts are back on line, with hearings and oral arguments proceeding virtually. Some courts are having conference calls while others...
Apr 19, 2020 Do I have to go through with this? A summary of recently filed MAE/MAC cases By Timothy Harkness Kate Apostolova Nathan Hembree We thought it might be helpful if we summarize the recent cases filed in the Delaware courts that implicate material adverse...
Apr 16, 2020 Proxy advisory firms provide perspective and guidance in light of the impact of COVID-19 By Pamela Marcogliese Lori Goodman Kevin Kay Elizabeth Bieber +1 more... Show less On March 23, 2020, Glass Lewis issued its perspective on the impact the COVID-19 pandemic has had, and will continue to have, on...
Apr 14, 2020 Should businesses care about the mobile phone based tracing mechanisms? By Peter Jaffe Lori Goodman Timothy Harkness Over the last several days, companies around the world have announced plans to develop a contact tracing mechanisms to help combat the...
Apr 14, 2020 Not so fast! A revealing look at the data behind recent poison pill adoptions and what boards should be doing now By Ethan Klingsberg Paul Tiger Elizabeth Bieber Paul Gray +1 more... Show less A number of commentators have written in recent weeks about a growing trend of issuers of all shapes and sizes adopting shareholder...
Apr 13, 2020 Why parties now need to focus on interim operating covenants By Ethan Klingsberg Paul Tiger Kelsey MacElroy Against the backdrop of unexpected developments arising from the COVID-19 pandemic, parties with signed, but not yet closed, M&A...
Apr 13, 2020 COVID-19 litigation in the US just beginning By Timothy Harkness 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...
Apr 09, 2020 Waste not, want not: Delaware sounds a warning to directors and officers contemplating distressed acquisitions By Ethan Klingsberg Paul Tiger Chase Lax A warning to potential acquirors of distressed targets appears at the end of the Delaware Court of Chancery’s recent opinion in In re...
Apr 09, 2020 US Federal Reserve: further crisis funding By Brian Rance Today, the Federal Reserve took additional actions to provide up to $2.3tn in loans to support the US economy. This funding will assist...
Apr 08, 2020 COVID-19 disclosure: SEC Chairman urges companies to practise 'good corporate hygiene' By Virginia Flower David Ludwick Doug Smith Message from the SEC Chairman: urged SEC-reporting companies to continue to give material information to investors including about the...