Capital Markets

Following breaking news and insights on capital markets with perspective for the legal professional

International |News

Stephenson Harwood's Singapore Alliance Adds Corporate Partner

John Kang | August 17, 2018

Parikhit Sarma, a Singapore and India corporate specialist, has been hired from Morgan Lewis Stamford.
Delaware Business Court Insider |Commentary

VC Firms Should Be Mindful of Potential Controller Status

Christopher B. Chuff, M. Duncan Grant, and Joanna J. Cline | August 15, 2018

It is well-settled Delaware law that a stockholder is deemed to be a controller when it owns more than 50 percent of the corporation's stock or it owns less than 50 percent of the corporation's stock, but nevertheless exercises actual control over the corporation or the challenged decision.
International |News

China's Han Kun Expands Hong Kong Office With Simpson Thacher Hires

Anna Zhang | August 14, 2018

Capital markets lawyers Ethle Tang and Tao Li are the latest to quit Big Law for a Chinese firm.
The Recorder |News

In Tomahawkcoin ICO Case, SEC Sees an Unregistered Security

Ross Todd | August 14, 2018

According to the SEC, the TOM tokens were an unregistered security since they presented "a transferable share or option on a security."
International |News

Paul Hastings Adds Capital Markets Duo in Hong Kong

John Kang | August 10, 2018

Samuel Ng joins from Morrison & Foerster and Jason Kuo arrives from Troutman Sanders.
International |News

Asia Deal Digest: August 9, 2018

John Kang | August 09, 2018

• Freshfields, Clifford Chance act on Sinochem Energy's $2 billion initial public offering. • Skadden, Davis Polk on Hong Kong's first dual-primary listing. • Sidley Austin, Paul Hastings on the first pre-revenue biotech company to float in Hong Kong.
International |News

After Accounting Firm Raid, Dentons' Singapore Affiliate Restocks

John Kang | August 07, 2018

Dentons Rodyk & Davidson is rebuilding its corporate practice in the city-state after a team moved to EY's local law practice.
National Law Journal |News

Proskauer Lands Corporate Partner From Dechert

Ryan Lovelace | August 07, 2018

Corporate and capital markets partner William Tuttle traded one out-of-town firm for another in Washington.
Law.Com |

Labor of Law: Watching SCOTUS: What's In the Wings? | CBS Hires Covington, Debevoise | Plus: Our L&E Water Cooler Roundup

Erin Mulvaney | August 02, 2018

What's in the wing at the Supreme Court on the labor and employment front? Plus: CBS board of directors hires two prominent female lawyers from Covington and Debevoise in the Moonves aftermath. Thanks for reading Labor of Law.
Corporate Counsel |News

International Monetary Fund Names Rhoda Weeks-Brown as Next General Counsel

Sue Reisinger | July 31, 2018

IMF leader Christine Lagarde said Weeks-Brown brings "comprehensive perspective on the fund's role" as well as a sharp legal mind to her new position.
International |News

Australia's Thomson Geer Poaches Corporate Partner From HWL Ebsworth

John Kang | July 27, 2018

Matthew Reynolds joins the firm's Brisbane, Australia, office after 13 years at HWL Ebsworth Lawyers.
The Legal Intelligencer |Commentary

Navigating Immigration Considerations in M&A Transactions

Patricia E. Farrell and Joel Pfeffer | July 26, 2018

Attorneys tasked with managing international mergers and acquisition (M&A) deals are faced with a myriad of challenges, involving company finances, management principles, foreign regulations and cultural differences.
National Law Journal |Research

Report: Shareholder Lawsuits Being Filed at Record Pace, and They're Getting Bigger

Amanda Bronstad | July 25, 2018

A record pace of shareholder class action filings continued during the first half of 2018—and the cases are getting much bigger, according to a midyear report released today.
The American Lawyer |News

Burford Shares Hit Record High as Half-Year Results Show Growth

Roy Strom | July 25, 2018

Burford Capital Ltd.'s litigation finance business continues to grow, and that is making investors a lot of money.
International |News

Skadden, Kirkland Advise on Tencent-Backed Chinese Group Discounter's $1.6B US IPO

John Kang | July 20, 2018

King & Wood Mallesons and Jingtian & Gongcheng are acting as Chinese counsel on the proposed listing, which values the three-year-old startup at some $21 billion.
The Recorder |Analysis

The Long Road to Going Public: A Behind-the-Scenes Look at the Lawyering of Dropbox's IPO

Caroline Spiezio | July 13, 2018

It took teamwork, preparation and smart technology use to get Dropbox's IPO over the finish line earlier this year.
International |News

Asia Deal Digest: July 12, 2018

Anna Zhang | John Kang | July 11, 2018

• Skadden advises mobile chat app Momo's $650 million convertible notes offer.• Paul Hastings acting on Korean logistics investment in Illinois.• Allen & Gledhill guides Singapore's first retail private equity bond.
Daily Business Review |News

HFF Secures $13.6 Million Loan for Purchase, Renovation of Lake Mary Warehouse

Daily Business Review | July 10, 2018

The bulk warehouse space was 40 percent occupied when sold, narrowing the scope of potential lenders.
New York Law Journal |Analysis

New Antitrust Regulators and New Markets

Shepard Goldfein and Karen Hoffman Lent | July 09, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent ask whether current approaches to antitrust review are effective in protecting competition, in view of the prevalence two-sided markets and “big data.”
Corporate Counsel |Expert Opinion

How Regulation A Updates Could Benefit Smaller Reporting Companies

Alexander Dinur, Alan Wovsaniker and John Hogoboom | July 02, 2018

On May 24, the Economic Growth, Regulatory Relief, and Consumer Protection Act (act) was signed into law.
New York Law Journal |Expert Opinion

AT&T-Time Warner and a Rare Judicial Perspective on Vertical Mergers

Elai Katz | June 25, 2018

A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.
Daily Business Review |Commentary

Argentina Modernizes and Simplifies Its IP Registration and Cancellation System

Jorge Espinosa and Patricio María Albornoz | June 25, 2018

For companies in the United States who have done business in Argentina, the bureaucracy has always been a significant hurdle. Processes simply take longer or require more complex submissions than in the United States.
Delaware Business Court Insider |Commentary

When Is a Seller's Word His Bond?

Edward M. McNally | June 20, 2018

Every transaction to some extent is based on trust. At least a buyer trusts that a seller is not actively trying to defraud him.
International |News

Latham Hires Capital Markets Duo From Sidley, Kirkland in Hong Kong

John Kang | June 20, 2018

Capital markets counsel Mandy Wong and Daying Zhang join as firms prepare for an uptick in deals thanks to the Hong Kong Stock Exchange's new listing rules.
Texas Lawyer |News

Kirkland Capital Markets Pro Jumps to Baker Botts in Houston

Brenda Sapino Jeffreys | June 18, 2018

Four years after arriving in Houston from New York, partner Justin Hoffman is moving his capital markets practice to a homegrown Texas firm.
The American Lawyer |News

Regulators Become Cadwalader Clients as Tech Investment Begins to Pay Off

Roy Strom | June 18, 2018

Cadwalader, Wickersham & Taft's recently re-launched Cadwalader Cabinet, a financial regulatory and intelligence platform owned by the firm, is an example of Big Law's movement to offer services that don't rely on a lawyer's time.
International |News

Kirkland & Ellis Adds Hong Kong Partner From Shearman

John Kang | June 14, 2018

Capital markets lawyer Wanda Woo is the latest in a string of associates who have been recruited by Kirkland in Hong Kong in recent months.
Texas Lawyer |Commentary

Current Trends in Corporate Venturing

Courtney S. York | June 14, 2018

The following explores some of the key current trends relating to corporate venture capital.
Delaware Business Court Insider |Commentary

Chancery Court Rejects Demand Futility in Absence of Particularized Allegations

Jennifer H. Rearden, Jefferson E. Bell and Michael Marron | June 13, 2018

In Steinberg v. Bearden, the Delaware Chancery Court considered whether the Aronson or Rales test for demand futility should apply to a derivative claim for breach of fiduciary duty against directors who allegedly made false and misleading statements.
International |News

Asia Deal Digest: June 14, 2018

Anna Zhang | John Kang | June 13, 2018

• Simpson Thacher guides Ant Financial on its latest $14 billion financing round.• IPhone maker Foxconn turns to King & Wood Mallesons for a $4.3 billion A-share listing.• Linklaters represents lenders on Taiwan's first commercial offshore wind farm project.
New York Law Journal |Analysis

The Rise of the 'Crypto Czar,' the Fall of a 'Blockchain Evangelist'

DEBORAH MESHULAM, BENJAMIN KLEIN AND RICHARD KELLEY | June 07, 2018

The cryptocurrency enforcement landscape continues to evolve with several important developments this past week, including the appointment of a “Crypto…
The Legal Intelligencer |Commentary

High Court to Resolve Circuit Split Over Applicability of 'American Pipe' Tolling Rule

Robert L. Hickok and Gay Parks Rainville | June 04, 2018

Nearly 45 years ago, the U.S. Supreme Court handed down its landmark decision in American Pipe & Construction v. Utah, 414 U.S. 538, 553 (1974), holding that the filing of a class action “tolls the running of the statute of limitations for all purported members of the class who make timely motions to intervene after the court has found the suit inappropriate for class action status.”
Daily Report Online |News

GSU Law to Host First-of-Its-Kind SEC Town Hall Event

Kristen Rasmussen | May 31, 2018

On June 13, all five SEC commissioners will participate in a public discussion on “Investing in America” at Atlanta's Georgia State University College of Law.
Delaware Business Court Insider |Commentary

Court Denies TRO; Highlights the Difficulty of Board Conflicts With Controlling Stockholders

Ellis E. Herington | May 30, 2018

What obligations does a board of directors owe to a controlling stockholder? What actions can a board of directors take against a controlling stockholder?
National Law Journal |News

Judge in Case Over State Street Overbilling Is Considering Appointing New Class Counsel

Amanda Bronstad | May 29, 2018

U.S. District Judge Mark Wolf in Boston said he would address concerns by three plaintiffs firms currently serving as class counsel to State Street customers about the deadline to propose redactions to the report, which the special master filed under seal on May 14.
Corporate Counsel |News

Australia's AMP Appoints David Cullen as Group General Counsel

Sue Reisinger | May 29, 2018

AMP Ltd., Australia's largest wealth manager, has appointed David Cullen as its new group general counsel. Cullen replaces Brian Salter, who was terminated last month.
International |News

Australia's AMP Appoints David Cullen as Group General Counsel

Sue Reisinger | May 29, 2018

AMP Ltd., Australia's largest wealth manager, has appointed David Cullen as its new group general counsel. Cullen replaces Brian Salter, who was terminated last month.
Daily Business Review |News

Agriculture Commissioner Candidates Take Aim at NAFTA

Jim Turner, News Service of Florida | May 29, 2018

Only David Walker, a marine biologist from Fort Lauderdale and one of two announced Democratic candidates, voiced straight opposition to a withdrawal from NAFTA.
Corporate Counsel |News

Global Trade Sanctions Picture Growing Tenser and Murkier for General Counsel

Sue Reisinger | May 24, 2018

Recent action by the U.S. on the sanctions front has given American companies reason to be leery. Sometimes, with cross-border transactions, it's tough to even know which country's legal regime to follow.
International |News

CMS Forms Hong Kong Law Association With Firm Formed by Troutman Sanders Laywers

Anna Zhang | May 18, 2018

Hong Kong capital markets and corporate boutique Shirley Lau & Co will add local law capability to the 18-month-old office.
International |News

CMS Forms Hong Kong Law Association With Firm Formed by Troutman Sanders Lawyers

Anna Zhang | May 18, 2018

Hong Kong capital markets and corporate boutique Shirley Lau & Co will add local law capability to the 18-month-old office.
International |News

Magic Circle Duo Land Roles on $10B IPO by Chinese State-Owned Enterprise

Anna Zhang | May 16, 2018

Telecom infrastructure operator China Tower Corp. has filed for what is likely to be the second mega IPO that Hong Kong will see this year, following the filing by smartphone maker Xiaomi Corp.
Corporate Counsel |Expert Opinion

Unexpected Successor Liability Arising From an Asset Purchase

Gary S. Matsko | May 15, 2018

It is an article of faith that a company seeking to acquire a business without being saddled with its liabilities does so by acquiring assets: “Most jurisdictions, including Massachusetts, follow the traditional corporate law principle that the liabilities of a selling predecessor corporation are not imposed upon the successor corporation which purchases its assets ...,” as in Milliken & Co. v. Duro Textiles, 451 Mass. 547, 556, 887 N.E.2d 244, 254 (2008).
Daily Business Review |News

Downtown Miami SunTrust International Center Sells for $127M

Lidia Dinkova | May 14, 2018

PCCP LLC, a real estate finance and investment management firm with offices in California and New York, bought the office tower.
The Legal Intelligencer |Commentary

The Taxman (May Not) Cometh: The Deductibility of Environmental 'Penalties'

Bernadette M. Rappold | May 10, 2018

Buried within last December's massive Tax Cuts and Jobs Act of 2017, Pub. L. No. 115–97, 131 Stat. 2054 (TCJA), is an obscure provision that may change the litigation and settlement calculus for companies facing environmental enforcement actions.
International |News

Goodwin Procter Expands Asia Private Equity Practice

Anna Zhang | May 09, 2018

Former Cleary associate Bosco Yiu is now a partner at Goodwin as the firm beefs up its Hong Kong law capability.
Daily Business Review |Commentary

Preparing for an Internal Investigation Interview

Dan Small and Michael E. Hantman | May 08, 2018

Companies large and small conduct internal corporate investigations every day. These investigations can have many causes: an employee placing a call to the company hotline warning of accounting fraud, allegations of sexual harassment, a grand jury subpoena being served on the company or a whistleblower lawsuit being filed.
Daily Business Review |Profile

Attorney of the Year Finalist — Jaret Davis

Catherine Wilson | May 07, 2018

Davis has been heavily involved in recruiting Amazon's second headquarters to South Florida and top-dollar tech deals.
International |News

Skadden, Clifford Chance Lead on Xiaomi's $10B Hong Kong IPO

Anna Zhang | May 03, 2018

JunHe and Jingtian & Gongcheng are serving as Chinese counsel as the Beijing-based smartphone maker picks Hong Kong for what is likely to be the world's largest IPO since Alibaba.
Delaware Business Court Insider |Commentary

Chancery Court Nullifies Cancellation of Certificate of Formation of Delaware LLCs

Lewis H. Lazarus | May 02, 2018

Parties who form Delaware limited liability companies to organize their business affairs do so to structure their relationships contractually. This enables them to organize the governance and economic rights in a manner tailored to the enterprise they are establishing.
New York Law Journal |News

Sidley Adds Capital Markets Leader From O'Melveny

Christine Simmons | April 30, 2018

Two other partners are also making the move with Michael Schiavone, who co-chaired O'Melveny's capital markets practice.
The Legal Intelligencer |Commentary

Collecting That Foreign Arbitration Award in Franchising or Other Transactions

Craig R. Tractenberg | April 26, 2018

Collecting the award starts with the beginning of the cross-border transaction, franchising or otherwise. By building a strong foundation for enforcement of the contract, the existing but inadequate legislation and case law can be used to successfully collect foreign awards.
International |Analysis

Lawyers Expect Deal Uptick as Hong Kong Changes Listing Rules

Anna Zhang | April 26, 2018

Hong Kong's stock exchange now allows applicants with dual-class share structure, altering a rule that prevented Chinese tech giant Alibaba from listing there five years ago.
International |News

Slaughter and May Makes Second External Partner Hire in Hong Kong

Anna Zhang | April 25, 2018

Four years after making its first-ever lateral hire in the Chinese territory, the Magic Circle firm has recruited disputes partner Wynne Mok from the Hong Kong Securities and Futures Commission.
Delaware Business Court Insider |Commentary

Court Sustains 'Bad Faith' Claim Challenging Compensation Paid to Allegedly Incapacitated Executive

K. Tyler O'Connell | April 25, 2018

In Feuer v. Redstone, the Delaware Court of Chancery considered a motion to dismiss derivative claims challenging compensation CBS Corp. paid to nonagenarian Sumner Redstone after he allegedly became physically and mentally incapacitated and ceased rendering meaningful services.
Daily Business Review |News

Greenberg Traurig's Kara MacCullough Closes $3.65B Deal for Wireless Company

Lidia Dinkova | April 24, 2018

MacCullough led a team of Greenberg Traurig attorneys to close financing for SBA Communications Corp.
Daily Business Review |Commentary

Made in China—Why the US Cares About Counterfeiting

A. Robert Weaver | April 23, 2018

At the heart of the Trump's administration's rationale for these latest tariffs is China's widespread theft of intellectual property. China has historically been a counterfeit safe haven.
The Legal Intelligencer |Commentary

'Pittsburgh History': Boring Name, Big Development for Attorney-Client Privilege

Edward S. Robson | April 20, 2018

The plaintiffs propound discovery seeking your communications with the board related to the transaction. Can the company assert the attorney-client privilege against plaintiffs? Pennsylvania courts have been surprisingly quiet on this common issue until recently.
Corporate Counsel |Expert Opinion

Anticipating the 2018 CLOC Institute and Grading Legal Ops Progress: 'Nevertheless, We Persist …'

Susan Hackett | April 20, 2018

About a year ago, I wrote two articles for Corporate Counsel about the 2017 CLOC conference—one article appeared in advance of the meeting to discuss what registrants might expect; the other was published after the conference ended to offer up some concluding thoughts and explore top takeaways.
Delaware Business Court Insider |Commentary

Does a Nonresident Del. Officer's Service to a Corporation Allow Courts to Compel Testimony?

James L. Hallowell and Lee R. Crain | April 18, 2018

Does a nonresident officer's prior service to a Delaware corporation allow the Delaware courts to compel her to appear to testify at trial as a third-party witness?
Daily Business Review |News

Miami Boasts Less Retail Space Availability Than New York, Los Angeles, Data Show

Lidia Dinkova | April 16, 2018

The demand comes with one of the fastest-growing rental rates in the past five years, a CBRE report finds.
The Legal Intelligencer |Commentary

US Supreme Court Weighs In on Whistleblower Protections Within Dodd-Frank

Jonathan T. Marks | April 12, 2018

Digital Realty Trust, Inc., a San Francisco, California-based REIT, terminated Paul Somers, vice president, portfolio management, Asia-Pacific and Europe, circa June 2014.
Delaware Business Court Insider |Commentary

A Year Later: The Impact in Delaware From the US Supreme Court's 'TC Heartland'

James S. Green Jr. | April 11, 2018

Almost one year ago, the U.S. Supreme Court decided the landmark case of TC Heartland v. Kraft Foods Group Brands. The decision upended what had been the status quo on the issue of where venue lies in patent infringement actions.

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