New York Law Journal | Analysis
By John C. Coffee Jr. | November 17, 2021
Trading was once pursued by retail investors as a means to wealth creation (or, at least, enhanced retirement savings). Today, it seems for many, more a form of recreation and entertainment. This transition has consequences.
New York Law Journal | Analysis
By William F. Johnson | November 3, 2021
Recent events suggest that the SEC may bring enhanced scrutiny to companies' disclosure on issues like reputational impact, arguably a more subjective area than business operations and financial performance.
New York Law Journal | Analysis
By Corinne Ball | October 27, 2021
Although four cases presenting important bankruptcy issues were teed up for the court's consideration this term, the court denied certiorari for each. A fifth bankruptcy-related certiorari petition remains pending and may still be taken up this term.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | October 20, 2021
In this edition of their Taxation column, Elliot Pisem and David E. Kahen discuss the recent Tax Court decision in 'Kelly v. Commissioner', which deals with the recharacterization of purported loans made between affiliates as shareholder distributions, and potential consequences for failure to file a Form 5471 in the context of a foreign corporation owned by a U.S. person.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 13, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision that underscores the importance to creditors of proper diligence, both in entering into a transaction and thereafter, including in the exercise of rights and remedies.
New York Law Journal | Analysis
By Dave Curran and Amelia Miazad | October 6, 2021
It can be challenging for law firms and corporations to hire lawyers who understand how to navigate modern-day challenges in environmental, social and governance.
New York Law Journal | Analysis
By James H. Millar | September 29, 2021
Why can't a creditor pursue its state law fraudulent transfer rights against a non-debtor? As we will see, the underlying reasoning for this proposition is subject to some disagreement, and can lead to some interesting questions.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 22, 2021
In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh write that boards of directors should thoughtfully review their board committee structures to determine if there is sufficient management oversight of mission-critical company and industry risks and, where appropriate, consider reallocating responsibilities among various board committees, with corresponding updates to committee charters.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 15, 2021
Engine No. 1's victory was possibly the biggest upset since David beat Goliath, but it was a perplexing victory that is still not well understood. More importantly, whether its success can be replicated by others involves questions that have not been carefully analyzed.
New York Law Journal | Analysis
By Philip M. Berkowitz | September 8, 2021
Lawyers representing management need to understand how best to advise clients on how to respond to requests from employees to be exempted from these policies.
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