Delaware Business Court Insider | Analysis
By Ross Todd | October 23, 2024
Paul Andre, Liza Kobialka and James Hannah of Kramer Levin Naftalis & Frankel, who have won three trials in the past 10 months, say trying to oversimplify technology for juries is a mistake.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | October 16, 2024
This column discusses two recent Tax Court cases and there application to status as an S corporation shareholder.
By Colleen Corwell, Shannon Nolan and Nikolas Simonlacaj | October 14, 2024
The Securities and Exchange Commission (SEC) has underscored the critical importance of its Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
By Chris O'Malley | October 3, 2024
"Treating as categorically illegal a generative AI tool merely because of the possibility that someone might use it for fraud is inconsistent with our precedents and common sense," GOP Commissioner Andrew Ferguson said in his dissent.
By Michael L. Cook | September 25, 2024
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
New York Law Journal | Analysis
By Theresa J. Balducci and Mark A. Limardo | September 9, 2024
Under the Corporate Transparency Act (CTA), every "reporting company" must file a "beneficial ownership interest report" (a BOI report) by Jan. 1, 2025 (or, if formed during 2024, within 90 days of formation). In general, every domestic entity and every foreign entity registered to do business in the United States is a reporting company, unless the entity qualifies for exemption.
New York Law Journal | Analysis
By Corinne Ball | August 21, 2024
Beyond the precision that should be present in the pledge agreement, actually divesting control of a company may have unintended consequences.
New York Law Journal | Analysis
By Benjamin M. Daniels and Ileana Polanco Cavazos | August 16, 2024
"'Jarkesy' is another case in a line of cases that question the authority of administrative agencies," write Robinson & Cole's Benjamin M. Daniels and Ileana Polanco Cavazos.
By Theresa A. Driscoll | August 15, 2024
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
The American Lawyer | Analysis
By Dan Roe | August 12, 2024
Kirkland's favorite bankruptcy destination appears off-limits for now, but competing firms haven't shied from the Southern District of Texas following a 2023 scandal.
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