Sep 30, 2023 Government Shutdown & the SEC – Practical Advice for Public Companies By Sarah Solum Pamela Marcogliese Taryn Zucker Heather Kellam +1 more... Show less With a government shutdown looming, the Division of Corporation Finance of the SEC has updated its guidance outlining the “extremely...
Sep 25, 2023 Private Equity in the Antitrust Spotlight By Angela Landry Emily Strickland On September 21, the Federal Trade Commission (“FTC”) filed a suit against a private equity firm and one of its portfolio companies,...
Sep 11, 2023 Federal Banking Agencies Release Proposals on Long-Term Debt and Resolution Planning Requirements in the Latest Response to Recent Bank Distress By David Sewell Francesca Loreto On August 29, 2023, the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB) and the...
Aug 29, 2023 The Second Circuit Affirms District Court Decision in Kirschner That Syndicated Loans Are Not Securities By Linda Martin Allison Liff H.T. Flanagan Peter Linken Justin Lin +2 more... Show less On August 24, 2023, the Second Circuit in Kirschner v. JP Morgan Chase Bank, N.A., No. 21-2726 (2d Cir. Oct. 28, 2021) affirmed a...
Aug 28, 2023 Latest Round of Section 8 Enforcement Demonstrates Agency Efforts to Expand Statute’s Boundaries By Bruce McCulloch Justin Stewart-Teitelbaum Meytal McCoy Charles Ramsey +1 more... Show less The latest enforcement effort involving Section 8 of the Clayton Act, which prohibits interlocking directorates, “put[s] market...
Aug 28, 2023 The Final Private Fund Rules: The SEC’s “Transparent” Effort to Rebalance the Adviser-Investor Relationship By Timothy Clark On August 23, 2023, the Securities and Exchange Commission (the SEC) adopted, by a 3-2 vote, a package of far-reaching new rules (the...
Aug 22, 2023 M&A Buyers Beware: Trend in Delaware Merits Heightened Attention by Acquirors By Ethan Klingsberg Victor Ma A trio of recent, high-profile M&A cases in the Delaware Court of Chancery merit special attention by M&A acquirors. In each of these...
Aug 11, 2023 President Biden Issues Outbound Investment Restrictions Executive Order – Small Yard, High Fence? By Aimen Mir Christine Laciak Colin Costello Timothy Swartz Mark Appleton +2 more... Show less On Wednesday, August 9, 2023, President Biden issued Executive Order 14105, Addressing United States Investments in Certain National...
Aug 10, 2023 CFIUS 2022 Annual Report – Rough Seas Ahead for Investors By Aimen Mir Christine Laciak Colin Costello Ahmad Al Dajani +1 more... Show less The Committee on Foreign Investment in the United States (“CFIUS”) has released its annual report for calendar year 2022. Although a...
Aug 03, 2023 The Drug Pricing Landscape in 2023: Challenges to the IRA By Kristen Riemenschneider Jeff Jay Dylan O'Connor Kaitie Holland +1 more... Show less In our recent series of blog posts analyzing the Inflation Reduction Act’s (IRA) impact on the life sciences industry, we considered how...
Aug 03, 2023 Permission to Deep Fake – Who Owns the Rights to AI-Generated Content? By Menachem Kaplan Marissa Yu Jennifer Lei “Feel free to use my voice without penalty,” tweeted Canadian musician, Grimes, after the song “Heart on My Sleeve” went viral for its...
Aug 02, 2023 Federal Banking Agencies Begin to Outline the Post-SVB Regulatory Framework By David Sewell Francesca Loreto On consecutive days at the end of last week, the Federal Reserve Board of Governors (FRB), Office of the Comptroller of the Currency...