10 Sep, 2024 Indictment Alleging Former New York Governor’s Aide Was a Foreign Agent Highlights DOJ’s Continued FARA Enforcement Push By Timothy Howard Matthew Haggans On Tuesday, September 3, the Department of Justice (“DOJ”) and the U.S. Attorney’s Office for the Eastern District of New York announced...
21 Aug, 2024 FTC Announces Final Rule on Deceptive Reviews By Christine Wilson Nina Frant On Wednesday, August 15, 2024, the Federal Trade Commission (FTC) unanimously approved a final rule that prohibits fake reviews and...
03 Jun, 2024 Reenergized CFPB Poised to Rev Up Rulemaking and Enforcement By David Sewell Alison Hashmall Nathaniel Balk Nariné Atamian +1 more... Show less On May 16, 2024, the Supreme Court handed a major victory to the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”), holding...
30 May, 2024 Second Circuit: Crypto Exchange Binance Subject to U.S. Securities Laws to Avoid a Regulatory Vacuum By David Livshiz Timothy Howard Andrew Gladstein Peter Linken Jacob Johnston Seve Kale +3 more... Show less A recent Second Circuit decision underscores that decentralized crypto exchanges with no claimed “home” jurisdiction face a substantial...
22 May, 2024 Supreme Court Clarifies Role of Federal Courts in Disputes Referred to Arbitration By Thomas Walsh David Livshiz Maria Slobodchikova Liz Lewis +1 more... Show less On May 16, 2024, the U.S. Supreme Court unanimously held that district courts must stay cases that they refer to arbitration, rather than...
26 Feb, 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...
20 Feb, 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...
20 Dec, 2023 U.S. Antitrust Agencies Issue Final 2023 Merger Guidelines By Jamillia Ferris Meghan Rissmiller Jan Rybnicek Matthew McDonald Sam Fulliton +2 more... Show less On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) issued the final version of the 2023...
08 Nov, 2023 Changing Seasons: SEC's SolarWinds Complaint Demonstrates Regulator's Aggressive Enforcement on Cybersecurity By Brock Dahl Timothy Howard Pamela Marcogliese Elizabeth Bieber Beth George Mark Appleton +3 more... Show less Introduction Recently, the Securities and Exchange Commission (“SEC”) filed a complaint in the Southern District of New York against the...
02 Nov, 2023 M&A Earnout Provisions: Recent Trends in US Law and How to Draft Your Clause to Avoid Disputes By Linda Martin Oliver Board Maria Slobodchikova Christian Vandergeest Kaitie Holland +2 more... Show less What was old is new again: earnout litigation is once again on the rise. Earnout clauses are an increasingly common feature of M&A deals...
23 Oct, 2023 US Appeals Court Upholds Nasdaq Board Diversity Rule … For Now By Sarah Solum Pamela Marcogliese Elizabeth Bieber Taryn Zucker Kimberly Wang +2 more... Show less On Wednesday, the United States Court of Appeals for the Fifth Circuit upheld Nasdaq’s board diversity rule, which encourages greater...
18 Oct, 2023 Freshfields whistleblowing survey 2023: Spotlight on whistleblowing trends in the US By Adam Siegel Doru Gavril Jordan Salzman Amelia Lamp +1 more... Show less Recent data from the Freshfields whistleblowing survey suggests that managers in the United States across a range of seniorities and...