Feb 29, 2024 Kroger/Albertsons: The FTC’s First Challenge Under the 2023 Merger Guidelines By Justin Stewart-Teitelbaum Angela Landry Gabriella Small On February 26, 2024, the Federal Trade Commission (FTC) filed a lawsuit to block The Kroger Company’s proposed acquisition of Albertsons...
Feb 26, 2024 New Chancery Decision Highlights Need for Care in Crafting Shareholder Arrangements with Delaware Corporations By Ethan Klingsberg Meredith Kotler Victor Ma A new 133-page opinion by the Delaware Court of Chancery highlights risks to the enforceability of agreements between Delaware...
Feb 23, 2024 2024 Proxy Advisor Guidelines: What Companies Need to Know Heading into the 2024 Proxy Season By Elizabeth Bieber Sarah Ghulamhussain Peter Liddle The two most influential proxy advisor firms, Institutional Shareholder Services (ISS) and Glass Lewis & Co. (Glass Lewis), updated their...
Feb 20, 2024 Sears and (the Limited Scope of) Controlling Stockholder Fiduciary Duties By Ethan Klingsberg Meredith Kotler Victor Ma The recent post-trial opinion by the Delaware Court of Chancery in In re Sears Hometown and Outlet Stores, Inc. Stockholder...
Feb 15, 2024 SEC Issues Marketing Rule FAQ on Net IRR Presentation in Investment Adviser Advertising Materials By Timothy Clark David Sewell Nathaniel Balk On February 6, 2024, Securities and Exchange Commission (SEC) staff issued a new Frequently Asked Question (FAQ) under the SEC’s...
Feb 14, 2024 FinCEN Proposes Highly Anticipated Investment Adviser AML/CFT Rule By David Sewell Timothy Clark Stephanie Brown Cripps Nathaniel Balk Nathalie Kupfer Rosie Jiang +3 more... Show less On February 13, 2024, the U.S Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a proposed rule to extend...
Feb 14, 2024 Life sciences – what to expect in 2024 By Harriet Hanks Emma Franck-Gwinnell Adam Golden 2023 was marked by some real success stories in the life sciences and healthcare space, including ground-breaking new weight loss...
Feb 07, 2024 FTC Comments on NIST’s Draft March-In Guidance By Kristen Riemenschneider Vinita Kailasanath Justin Stewart-Teitelbaum Laura Onken Jake Silvers Sam Fulliton Hattie Van Metre +4 more... Show less On February 6, 2024, the Federal Trade Commission (FTC) issued a comment (the FTC Comment) responding to the National Institute of...
Feb 07, 2024 New SDNY Whistleblower Pilot Program Increases Incentives for Whistleblowers By Kimberly Zelnick Timothy Howard Alessandra Scalise Young Park +1 more... Show less On January 10, 2024, the United States Attorney’s Office for the Southern District of New York (SDNY) announced the creation of an SDNY...
Feb 05, 2024 OCC Proposes New Bank Merger Rules and Policy Statement By David Sewell Jenny Hochenberg Justin Stewart-Teitelbaum Nathaniel Balk Cates Saleeby Tina Laritz +3 more... Show less On Monday, January 29, the Office of the Comptroller of the Currency (OCC) published a proposal to update its procedural rules and issue...
Feb 05, 2024 Freshfields Files Amicus Brief on Behalf of CISO Community in SEC v. SolarWinds By Timothy Howard Beth George Pamela Marcogliese Brock Dahl Robert Barton Susannah Benjamin +3 more... Show less Last week, Freshfields and co-counsel Cooley LLP filed an amicus brief in SEC v. SolarWinds, No. 23-cv-09518 (S.D.N.Y. Oct 30, 2023) on...
Feb 01, 2024 9 Key Takeaways from the SEC’s New SPAC Rules By Michael Levitt Valerie Ford Jacob Sebastian Fain On January 24, 2024, the SEC issued a 581-page release which adopted new rules to govern SPAC IPOs and de-SPAC business combinations. To...