Mondaq USA: Corporate/Commercial Law
Shearman & Sterling LLP
Below is a summary of the main developments in US and EU corporate governance and securities law and certain financial markets regulation developments since our last update on 20 July 2018.
Cooley LLP
Notably, the introduction to all of the CDIs indicates that Corp Fin is currently in the process of updating and reformatting the CDIs generally.
WilmerHale
Some interesting links we found across the web this week:
Fenwick & West LLP
​Fenwick securities co-chair James Evans talked to The Information about the growing trend of startup tech companies setting limits on founder power, partially as a response to investor and regulator
Fenwick & West LLP
The Fenwick Silicon Valley 150 ranks the largest public companies in Silicon Valley by revenue.
Cadwalader, Wickersham & Taft LLP
The SEC will exempt persons affected by Hurricane Michael from certain requirements of the Exchange Act and Investment Company Act.
Cadwalader, Wickersham & Taft LLP
In a no-action letter, the SEC Division of Investment Management ("Division") stated that a mutual fund's board of directors ...
Cadwalader, Wickersham & Taft LLP
On October 16, 2018, the New York State Court of Appeals held that contractual attempts to extend the statute of limitations for causes of action ...
Bowditch & Dewey
The Worcester Business Journal has published "10 Things I Know About Effectively Serving on a Nonprofit Board" by AiVi Nguyen.
Shearman & Sterling LLP
In past quarterly updates of this memorandum, we have discussed the increased scrutiny with which the SEC has been reviewing companies' use of non-GAAP financial measures, which are financial measures...
Dentons
On September 13, 2018, the staff of the Division of Investment Management of the SEC withdrew letters previously issued in 2004 to Egan-Jones Proxy Services and Institutional Shareholder Services, Inc. ...
Morrison & Foerster LLP
As a general rule, when a contractor signs a full settlement and release with respect to a dispute with the Government, the dispute is considered settled, and the Government is released...
Mayer Brown
The Securities and Exchange Commission's Division of Economic and Risk Analysis (DERA) has regularly updated its studies regarding the market for unregistered securities offerings.
Mayer Brown
The SEC Staff notes that an intermediary is permitted to have a financial interest in the issuer.
Morrison & Foerster LLP
There is an obligation when acquiring or increasing "control" over a UK authorised person, e.g. an investment firm, a credit institution, a fund manager or a payment services provider, to notify and obtain...
Cooley LLP
Whether that statement was intended to signal an opening was not entirely clear.
WilmerHale
As the report illustrates, weaknesses in company policies and procedures and human vulnerabilities ultimately contributed to the success of these schemes.
Cadwalader, Wickersham & Taft LLP
The MSRB proposed to amend Form G-45 to clarify data elements and to require additional data from underwriters of college savings plans ...
Cadwalader, Wickersham & Taft LLP
The North American Securities Administrators Association ("NASAA") warned investors of scams and risks concerning marijuana-related investments.
Sheppard Mullin Richter & Hampton
In Flood v. Synutra Int'l, Inc., No. 101, 2018, 2018 Del. LEXIS 460, the Delaware Supreme Court held that a controlling stockholder who pursues a merger with the controlled company will have the benefit of business...
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Arnold & Porter
If there was ever a regulatory grace period for virtual currencies and blockchain technology, it is officially over.
Mintz
Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox.
Troutman Sanders LLP
Non-bank lenders to small businesses need to be on alert after Governor Brown signed California Senate Bill 1235 into law on September 30, 2018.
Matson Driscoll & Damico
In my previous article, I discussed the critical need for business owners to have their business valued by a professional appraiser.
Fisher Phillips LLP
It's hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number ...
Mayer Brown
California enacts a first-of-its-kind legislation imposing disclosure requirements on commercial purpose loans similar ...
Morrison & Foerster LLP
On September 30, 2018, California Governor Jerry Brown signed into law SB 1235,1 which requires disclosures of key terms in connection with certain commercial financing by non-banks and could impact bank/non-bank arrangements as well.
Ropes & Gray LLP
Notably, the order contained no analysis explaining the basis for the SEC's conclusion that the tokens were securities.
Jones Day
The Situation: In what may indicate a sea change in terms of who the Department of Justice ("DOJ") is willing to pursue in False Claims Act cases, a private equity firm has been named as a co-defendant in a False Claims Act complaint, along with one of its portfolio companies.
Akin Gump Strauss Hauer & Feld LLP
The U.S. Securities and Exchange Commission (SEC) staff made official statements regarding when a token may or may no longer be a security.
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