29 Jun, 2022 Freshfields Sends Comments to SEC on SPAC / De-SPAC Rulemaking Proposal By Michael Levitt Jeremy Barr Brian Lewis Freshfields Bruckhaus Deringer US LLP has provided a comment letter to the Securities & Exchange Commission with respect to the SEC’s...
27 Jun, 2022 8th Annual Berkeley Spring Forum on M&A and the Boardroom By Ethan Klingsberg Thank you to the over 200 in-person and several hundred virtual attendees at the 8th Annual Berkeley Spring Forum on M&A and the...
21 Jun, 2022 Mind the Gaps: Lessons from the Goldstein Opinion on Why a Target Company’s Approach to Board Minutes Can Make All the Difference in M&A Litigation By Ethan Klingsberg Meredith Kotler Victor Ma Vice Chancellor Laster’s recent opinion in Goldstein v. Denner provides a useful reminder of the importance of documenting board...
21 Jun, 2022 Life Sciences Under the US Antitrust Microscope By Justin Stewart-Teitelbaum Laura Onken Lauren Vaca Under the Biden Administration, the US Federal Trade Commission (FTC) has prioritized aggressive antitrust enforcement, including in the...
21 Jun, 2022 SEC Remains Focused on Auditor Independence, Cautioning Against “Checklist Compliance” Mentality By Taryn Zucker Fatima Anjum On June 8, 2022, Paul Munter, the SEC’s Acting Chief Accountant, issued a statement (the “statement”) emphasizing the importance of the...
16 Jun, 2022 U.S. Supreme Court Rejects Section 1782 Discovery for Use in Most Arbitrations By Timothy Harkness Linda Martin David Livshiz Scott Eisman Olivia Greene Paige von Mehren Christian Vandergeest +4 more... Show less Under 28 U.S.C. § 1782, a district court may grant discovery “for use in a proceeding in a foreign or international tribunal.” For...
14 Jun, 2022 DOJ Pursues Criminal Prosecutions Related to Use of Cryptocurrency to Evade Sanctions By Olivia Radin Timothy Howard Kimberly Zelnick Stephanie Brown Cripps Jane Peng Andrew Bulovsky +3 more... Show less On May 13, 2022, Magistrate Judge Zia Faruqui released a redacted Memorandum Opinion disclosing that the US Department of Justice (DOJ)...
13 Jun, 2022 U.S. Supreme Court Rejects Prejudice Requirement for Finding Waiver of Contractual Right to Arbitrate By Elliot Friedman David Livshiz Scott Eisman Christian Vandergeest +1 more... Show less On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance, Inc., which addressed whether the waiver of a right to arbitrate by...
06 Jun, 2022 Pressure Builds to Resolve Lack of Access to Audit Papers of Chinese Listed Companies By Michael Levitt Jeremy Barr Isaac Ellman On May 24, 2022 YJ Fischer, the director of the U.S. Securities and Exchange Commission Office of International Affairs, gave a speech on...
03 Jun, 2022 The Other Shoe Drops: California Court Invalidates Statute Requiring Women on Corporate Boards, Eliminating All Board Diversity Requirements By Elizabeth Bieber Jennifer Burrow Evelyne Kim Background On September 30, 2018, Senate Bill 826 (SB 826) was signed into law in California, which required publicly held corporations...