Freshfields Sends Comments to SEC on SPAC / De-SPAC Rulemaking Proposal
Freshfields Bruckhaus Deringer US LLP has provided a comment letter to the Securities & Exchange Commission with respect to the...
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8th Annual Berkeley Spring Forum on M&A and the Boardroom
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...
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
Vice Chancellor Laster’s recent opinion in Goldstein v. Denner provides a useful reminder of the importance of documenting board...
Life Sciences Under the US Antitrust Microscope
Under the Biden Administration, the US Federal Trade Commission (FTC) has prioritized aggressive antitrust enforcement, including in the...
SEC Remains Focused on Auditor Independence, Cautioning Against “Checklist Compliance” Mentality
On June 8, 2022, Paul Munter, the SEC’s Acting Chief Accountant, issued a statement (the “statement”) emphasizing the importance of the...
U.S. Supreme Court Rejects Section 1782 Discovery for Use in Most Arbitrations
Under 28 U.S.C. § 1782, a district court may grant discovery “for use in a proceeding in a foreign or international tribunal.” For...
DOJ Pursues Criminal Prosecutions Related to Use of Cryptocurrency to Evade Sanctions
On May 13, 2022, Magistrate Judge Zia Faruqui released a redacted Memorandum Opinion disclosing that the US Department of Justice (DOJ)...
U.S. Supreme Court Rejects Prejudice Requirement for Finding Waiver of Contractual Right to Arbitrate
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...
Pressure Builds to Resolve Lack of Access to Audit Papers of Chinese Listed Companies
On May 24, 2022 YJ Fischer, the director of the U.S. Securities and Exchange Commission Office of International Affairs, gave a speech on...
The Other Shoe Drops: California Court Invalidates Statute Requiring Women on Corporate Boards, Eliminating All Board Diversity Requirements
On September 30, 2018, Senate Bill 826 (SB 826) was signed into law in California, which required publicly held corporations with...
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