Jun 24, 2020 Liu v. SEC: US Supreme Court upholds but limits the SEC's disgorgement power, answering one question while creating others By Kimberly Zelnick Altin Sila Hannah Khalifeh For the past three years, since the Supreme Court explicitly declined to address the issue in Kokesh v. SEC in 2017, there had been an...
Jun 23, 2020 Supreme Court declines taxpayer's appeal in cost-sharing agreement case By Robert Scarborough Claude Stansbury Reed Carey On June 22, 2020, the Supreme Court declined to hear the appeal of Altera (now owned by Intel) of the Ninth Circuit’s decision in Altera...
Jun 18, 2020 Court of Chancery denies motion to dismiss and pleading stage application of MFW safe harbor By Meredith Kotler Paul Tiger Marques Tracy In a 94-page opinion issued last Thursday, Vice Chancellor Laster denied defendants’ motion to dismiss in In re Dell Technologies Inc....
Jun 18, 2020 Human capital management spotlight series - Part II - Roadmapping practical human capital management considerations By Pamela Marcogliese Elizabeth Bieber Thomas Lair As discussed in Part I, in order for companies to successfully manage HCM issues arising in 2020, it will be important for them to be...
Jun 18, 2020 US Commerce Department authorizes standards activities with Huawei By Nabeel Yousef Stephanie Brown Cripps Amy Cattle Katerina Gross +1 more... Show less Effective today, Thursday, June 18, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) has issued an interim...
Jun 16, 2020 Human capital management spotlight series - Part I - Humans: the mission critical asset By Pamela Marcogliese Elizabeth Bieber Thomas Lair Human capital management (HCM) is one of the most significant corporate governance themes emerging in 2020, shining a spotlight on a...
Jun 10, 2020 CFIUS proposes reforms to mandatory filing requirement By Aimen Mir Christine Laciak Stephanie Brown Cripps Sarah Melanson +1 more... Show less The Committee on Foreign Investment in the United States (CFIUS) recently announced proposed changes to the scope of transactions subject...
Jun 10, 2020 Three avenues for US distressed M&A By Mark Liscio Madlyn Primoff Scott Talmadge Compared to the 2007-08 financial crisis, the COVID-19 crisis is likely to produce a broader array of asset classes that become available...
Jun 08, 2020 Second Circuit upholds dismissal, heightening the burden for pleading corporate scienter By Meredith Kotler Marques Tracy On May 27, the Second Circuit issued a decision affirming the dismissal of a putative federal securities class action for failure to...
Jun 08, 2020 SEC reaches $25 million settlement with sponsor of unregistered initial coin offering By Michael Levitt Pamela Marcogliese Brian Rance Jeremy Barr +1 more... Show less On May 28, 2020, the Securities and Exchange Commission (SEC) reached a $25 million settlement with BitClave Pte Ltd. (BitClave) after...
Jun 06, 2020 Beyond the pandemic: the future of M&A By Matthew Herman After a period of hibernation, there are now signs of life returning to the M&A markets. In just the past week, we have seen a trio of...
Jun 01, 2020 The heightened need for boards to stay vigilant and keep stockholders informed as deal teams march to closing By Paul Tiger It’s a natural human phenomenon. After a period of intense activity, it’s perfectly understandable to relax, take a step back and catch...