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1
Red Notice Newsletter - August 2019
On August 29, 2019, The Securities and Exchange Commission (SEC) instituted cease-and-desist proceedings against California based Juniper Networks, Inc.
United States
11 Sep 2019
2
SEC Applies Fiduciary Duties Analysis To Voting Obligations
On August 21, 2019, the Securities and Exchange Commission (SEC) voted 3 to 2 to adopt new interpretive guidance (the "Voting Interpretation") applicable to investment advisers regarding their
United States
9 Sep 2019
3
Corp Fin Publishes New C&DIs Clarifying Inline XBRL Rules
eXtensible Business Reporting Language (XBRL), the open international standard for digital business reporting,
United States
27 Aug 2019
4
SEC Proposes To Modernize Disclosures Of Business, Legal Proceedings, And Risk Factors Under Regulation S-K
In an effort to improve the readability of disclosure documents, as well as discourage repetition and disclosure of information that is not material, the Securities and Exchange Commission (SEC)
United States
26 Aug 2019
5
Form SHL: Reports By U.S. Issuers And Others On Foreign Ownership Due August 30, 2019
The U.S. Department of the Treasury requires U.S. issuers—including U.S.-resident investment funds1—to report foreign residents' holdings of U.S.
United States
22 Aug 2019
6
SEC Proposal Would Relax ICFR Auditor Attestation Requirement For Certain Smaller Reporting Companies
In an effort to reduce compliance costs for public companies, the Securities and Exchange Commission (SEC) proposed amendments
United States
19 Aug 2019
7
The English Court Of Appeal Applies 'But For' Test To "Force Majeure Clause" – FIDIC's "Exceptional Events" Now Under Threat?
International Construction Arbitration has received a shock. Consistent with the leading textbooks
UK
15 Aug 2019
8
FIDIC Issues "Emerald Book" For Underground Works
International construction arbitration welcomes FIDIC's latest standard form contract: the "Emerald Book"
United States
2 Aug 2019
9
Corporate Compliance Programs Now Even More Important In Criminal Antitrust Investigations
The Department of Justice (DOJ) will now evaluate corporate compliance programs as a factor in determining whether to bring criminal antitrust charges.
United States
2 Aug 2019
10
Effective Corporate Compliance Programs Now Even More Important In Criminal Antitrust Investigations
The Department of Justice (DOJ) will now evaluate corporate compliance programs as a factor in determining whether to bring criminal antitrust charges.
United States
2 Aug 2019
11
PTAB Must Consider Privity And Real Party-In-Interest Relationships Arising After Filing But Before Institution For Time-Bar Purposes
The Federal Circuit vacated a PTAB decision invalidating claims of U.S. Patent No. 6,212,079 (the "'079 Patent") on the grounds that the inter partes review (IPR)
United States
25 Jul 2019
12
Akin Gump Examines The Private Debt Market In New White Paper
Akin Gump has published an exclusive white paper, "Unpacking the Dynamics of the Private Debt Market,"
United States
18 Jul 2019
13
Confidential Commercial Or Financial Information Is Exempt From FOIA. No Showing Of Substantial Competitive Harm Is Necessary.
The U.S. Department of Agriculture (USDA) issues participants of the Supplemental Nutrition Assistance Program (SNAP) cards—like a debit card—to buy food from participating retailers.
United States
9 Jul 2019
14
The State Of The Private Equity Market As Discussed By Tom Yang And The Deal
Akin Gump corporate partner Thomas Yang spoke with The Deal for a video interview on the state of the private equity market.
United States
3 Jul 2019
15
SEC Adopts New Interpretation Of Fiduciary Duty
On June 5, 2019, the Securities and Exchange Commission (SEC) adopted a comprehensive interpretation (the "Interpretation")1 of the fiduciary duties
United States
25 Jun 2019
16
Preserving Privilege Post-Merger
The Delaware Court of Chancery recently upheld a provision in a merger agreement that prevented the buyer from using privileged emails between the seller and its attorneys in post-closing litigation
United States
24 Jun 2019
17
M&A 101: Back To Basics
Sellers and buyers in M&A transactions necessarily have conflicting interests and a natural desire to minimize their risks.
United States
21 Jun 2019
18
Goggin And The D&O Insurance ‘Capacity' Exclusion: A Potential Coverage Gap For Private Equity And Other Investor-Designated Directors
Private equity sponsors, hedge funds, and other investment entities who bargain for seats on their portfolio companies' boards often assume that their director-designees will be fully covered
United States
20 Jun 2019
19
DOJ's Recent Enforcement Policy Changes Further Incentivize Effective Corporate Compliance Programs
On May 20, 2019, Principal Deputy Associate Attorney General Claire McCusker Murray addressed the annual Compliance Week Conference regarding the new enforcement policies previously announced
United States
17 Jun 2019
20
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
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