Jul 30, 2020 Delaware Chancery Court rules that pre-closing attorney client privilege over deal related communications stays with sellers in an asset purchase By Doru Gavril David Livshiz Scott Eisman Paul Humphreys Umer Ali +2 more... Show less The Delaware Court of Chancery (Vice Chancellor Zurn) recently held in DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC,...
Jul 29, 2020 New DGCL amendments and market developments continue to shift balance in decision on whether to convert to a public benefit corporation By Ethan Klingsberg Sarah Solum Pamela Marcogliese On July 16, 2020, the State of Delaware adopted amendments to the Delaware General Corporation Law (DGCL) that will have a meaningful...
Jul 28, 2020 Ackman SPAC sets itself apart from traditional SPACs By Pamela Marcogliese Michael Levitt Sebastian Fain Lucy Lei +1 more... Show less Last week, the largest ever special-purpose acquisition company, or SPAC, made its debut on the New York Stock Exchange. The SPAC, known...
Jul 27, 2020 20 Key considerations for private companies evaluating whether to be acquired by a SPAC By Pamela Marcogliese Michael Levitt Sebastian Fain SPACs have never been hotter than they are today. Within a two-week period, we have seen both the largest announced SPAC acquisition in...
Jul 18, 2020 Seventh Circuit holds that price impact in securities class actions must be decided at the class certification stage By Mary Eaton Meredith Kotler Boris Feldman Doru Gavril +1 more... Show less The Seventh Circuit Court of Appeals has just issued a decision of special interest to defendants in securities class actions under...
Jul 16, 2020 SEC reaches $1.2bn settlement in connection with Telegram Group's unregistered virtual coin offering By Michael Levitt Jeremy Barr Heather Kellam The Securities and Exchange Commission (SEC) recently announced that it has reached a $1.2 billion settlement with Telegram Group Inc....
Jul 09, 2020 First quarter disclosure trends and second quarter disclosure expectations By Pamela Marcogliese Michael Levitt Amy Fisher The coronavirus pandemic (COVID-19) has had a significant impact on many if not all US publicly-traded companies. Whether companies...
Jul 09, 2020 Second Circuit denies discovery in aid of private international arbitrations, deepening Circuit split By Timothy Harkness Linda Martin Elliot Friedman David Livshiz Paige von Mehren Olivia Greene +3 more... Show less After more than 20 years of silence on the subject, the Second Circuit ruled on July 8, 2020 that 28 U.S.C. § 1782 (Section 1782) does...
Jul 07, 2020 Third Circuit allows securities class action to proceed past pleading stage on theory that merger proxy did not adequately disclose regulatory risks By Mary Eaton Meredith Kotler Boris Feldman Doru Gavril Marques Tracy +2 more... Show less Court Ruling: Jaroslawicz v. M&T Bank Corp., et al., No. 17-3695 (3d Cir. June 18, 2020) (precedential opinion) The Third Circuit Court...
Jul 02, 2020 Making sense of ESG investment capital By Jerome Ranawake It can be challenging for companies to understand how investors quantify the value of environmental, social, and governance (ESG) returns...