New York Law Journal | Analysis
By Warren de Wied and Gail Weinstein | December 5, 2019
Shareholder activism has evolved to be a prominent, and almost certainly permanent, feature of the corporate landscape. As we approach the end of 2019, the maturity of the activism market in the United States is reflected not only in overall activity levels, but also in the infrequency of protracted public campaigns.
New York Law Journal | Analysis
By Sidney Kess | November 22, 2019
Virtual currency is being used for investment and accepted as payment for goods and services by a growing number of businesses. From a tax perspective, the rules for the taxation of virtual currency are emerging. In his Tax Tips column, Sidney Kess discusses some developments.
By Jane Wester | October 24, 2019
In a document that was unsealed and later resealed by the court this week, Assistant U.S. Attorney Artie McConnell wrote that GPB seemed to be operating "like a 'Ponzi scheme.'"
New York Law Journal | Analysis
By Corinne Ball | October 23, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that addressed the scope of the channeling injunction contained in W.R. Grace's plan of reorganization, and specifically, whether the channeling injunction enjoins a state-court lawsuit against one of W.R. Grace's insurers. Importantly, it also addresses a bankruptcy court's jurisdiction, a rationale that would extend beyond asbestos provisions and reach channeling injunctions used in other circumstances.
By Tom McParland | October 18, 2019
While Citi was "reckless and deliberately indifferent" to the risk Bernie Madoff presented, its actions did not rise to the level of "willful blindness" necessary to claw back the funds, the judge concluded.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | October 16, 2019
In their Corporate and Securities Litigation, Margaret A. Dale and Mark D. Harris discuss a recent Delaware Supreme Court decision in 'Tiger v. Boast Apparel', holding that documents produced pursuant to books-and-records inspection requests under §220 of the Delaware General Corporation Law are not subject to a presumption of confidentiality. Rather, while courts can impose confidentiality restrictions in appropriate cases, there must be some justification that the confidentiality is necessary and indefinite periods of confidentiality should be the exception and not the rule.
New York Law Journal | Analysis
By Peter M. Fass | October 16, 2019
In his Real Estate Securities column, Peter Fass discusses a concept release issued by the SEC on June 18 which seeks feedback "on possible ways to simplify, harmonize, and improve the exempt offering framework" of the The Securities Act of 1933.
New York Law Journal | Analysis
By Daniel A. Rabinowitz | October 11, 2019
Understanding the background and interplay of the insurance laws that govern investments by carriers can provide some context to these developments and also shed light on a key aspect of solvency regulation of this critical U.S. industry.
By Tom McParland | October 1, 2019
Former U.S. Rep. Christopher Collins admitted in Manhattan federal court to telling his son to sell his stock in Innate Immunotherapeutics after a promising multiple sclerosis drug failed a key trial. He later lied to investigators about his role and that of his son, he said.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 25, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: The short-term/long-term, shareholder/stakeholder debate is likely to become more intense, and more political, in the near future. As the landscape of corporate governance shifts around them, companies should seek firm ground on a foundation of business success by creating and implementing a strategic plan over a time horizon that will maximize both growth and profitability.
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