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1
GAAP Compliance And An M&A Selling Party's Closing Date Balance Sheet
Post-­acquisition M&A disputes are often caused by the timing of a transaction closing and the subsequent true-up of the estimated closing balance sheet.
United States
20 Jun 2019
2
Market Trends 2018/19: Registered Direct Offerings
This market trends article focuses on registered direct offerings, providing an overview of the market and covering recent notable transactions, deal structure and process, and legal and regulatory trends.
United States
19 Jun 2019
3
So Who Owns The Emails?
For the last number of years, when I am retained to provide sell-side representation in an M&A transaction, one of the very first things I do is insist that my client's "deal team"
United States
19 Jun 2019
4
Developments And Trends In US And Japanese M&A
On May 6, 2019, Skadden hosted the Cross-Border M&A Conference 2019, titled "Developments and Trends in US and Japanese M&A."
Worldwide
19 Jun 2019
5
Peeling The Onion To Allocate Subpart F Income – This Will Make You Cry!
There has been a wealth of conversation addressing the amendment to the definition of a "U.S. Shareholder" in the context of a controlled foreign corporation introduced by the 2017 Tax Cuts and Jobs Act.
United States
18 Jun 2019
6
Final Treasury Regulations Facilitate Foreign Subsidiary Credit Support
On May 23, the Department of the Treasury and the IRS published final regulations (the final regulations) under Section 956 of the Internal Revenue Code of 1986, as amended (the Code).
United States
18 Jun 2019
7
Artificial Intelligence: The New Frontier For Assessing Insurance Coverage
U.S. and international businesses are accelerating their use of artificial intelligence (AI)[1] at an unprecedented rate
United States
18 Jun 2019
8
Changes To The FCA's Rules Implementing The Revised Shareholder Rights Directive – What Asset Managers Need To Know
As part of the EU Sustainability Action Plan and the Sustainable Finance initiative the revised Directive 2007/36/EC (the "Shareholder Rights Directive" or "SRD II") introduces new requirements
European Union
14 Jun 2019
9
Final IRS Regulations Sync Section 956 With TCJA Participation Exemption – Limits "Deemed Dividends" For U.S. Corporate Shareholders Of CFCs
Implements 2018 Proposed Regulations, ending most limitations on investments in U.S. property, as well as pledges and guarantees by CFCs wholly-owned by U.S. corporations – also provides PTI guidance for CFC shareholders.
United States
14 Jun 2019
10
Chancery Court Finds Merger Agreement's "No Use" Provision Preserves Seller's Privilege
In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery held that a merger agreement provision assigning pre-merger privilege ...
United States
14 Jun 2019
11
Public Shaming Will Not Solve The Lack Of Diversity On Corporate Boards
General Motors shareholders last week elected a slate of directors that includes more women than men.
United States
13 Jun 2019
12
Mandatory Arbitration Shareholder Proposal To J&J Takes On Larger Dimensions
Here's an interesting turn of events with regard to the case involving the mandatory arbitration shareholder proposal to Johnson & Johnson.
United States
6 Jun 2019
13
Shareholder Rights Directive: The Proxy Advisors Regulations 2019
On May 14, the Proxy Advisors (Shareholders' Rights) Regulations 2019 (SI 2019/926) were published.
United States
4 Jun 2019
14
IRS General Counsel Opinion On Deductibility Of Health Insurance Premiums Paid For Family Members Of S Corporation Shareholders
The IRS recently issued a Chief Counsel Memorandum clarifying when a family member of a 2% shareholder in an S corporation is entitled to a deduction under Section 162(l) of the Internal Revenue Code...
United States
4 Jun 2019
15
What's On The SEC's New RegFlex Agenda?
SEC Chair Jay Clayton has repeatedly made a point of his intent to take the Regulatory Flexibility Act Agenda "seriously," streamlining it to show what the SEC actually expected to take up in the subsequent period.
United States
3 Jun 2019
16
Hunton Insurance Recovery Blog: Court Rejects Insurers' Argument That Insureds Breached D&O Insurance Policies By Failing To Cooperate And Settling Lawsuits For $222 Million Without Consent
The Delaware Superior Court ruled that insurers could not rely on Written Consent and Cooperation clauses in directors and officers liability insurance policies
United States
28 May 2019
17
Hunton Retail Law Resource: The Board's Importance In Vetting Shareholder Proposals
A recent successful effort by a public company to exclude an environmental proposal from its proxy statement may signal a new approach for boards
United States
28 May 2019
18
Preparing For An M&A Exit
Deal volumes are expected to be at or near record levels in 2019.
United States
24 May 2019
19
M&A Essentials: Understanding Purchase Price
Selling a business is a complex endeavor. As advisors to business owners and shareholders of private companies, we have helped companies to navigate the process from beginning to end.
United States
21 May 2019
20
10 Things Private Companies Need To Know About Equity Crowd-Sourced Funding
In late 2018 amendments to the Corporations Act expanded the operation of the crowd-sourced funding (CSF) regime to private (proprietary) companies
United States
21 May 2019
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