Mondaq USA: Corporate/Commercial Law
Cadwalader, Wickersham & Taft LLP
The SEC requested comments on a FINRA proposal to amend the Code of Arbitration Procedure for Customer Disputes, and the Code of Arbitration Procedure for Industry Disputes.
Withers LLP
On August 9, 2016, the Internal Revenue Service issued Revenue Procedure 2016-42, which permits long-term CRATs to avoid the application of the often fatal "probability of exhaustion" test.
Learn the ins and outs of a VC term sheet and tips you can use during a negotiation.
Andrews Kurth LLP
The delay gave rise to various disputes between the parties.
Andrews Kurth LLP
Despite the saying that ‘a verbal contract is not worth the paper it is written on' (attributed to the American film producer Samuel Goldwyn), there is no shortage of cases in the English courts...
Jones Day
Although the Securities and Exchange Commission issued its Climate Risk Disclosure Guidance in 2010, few stakeholders have been satisfied with the current state of climate change disclosures made by publicly traded companies.
Jones Day
On July 19, 2016, the U.S. Treasury's Financial Crimes Enforcement Network ("FinCEN"), issued its Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions.
Jones Day
In June 2016, New York's highest court reversed an important 2014 decision by an intermediate appellate court that had expanded the application of the common interest doctrine...
Jones Day
The U.S. Investment Advisers Act of 1940 ("Advisers Act") prohibits an investment adviser registered with the U.S. SEC from entering into an investment advisory contract.
Foley Hoag LLP
Effective August 1, 2016, the appraisal rights of dissenting stockholders in mergers and certain other transactions under the DGCL have been modified in two principal respects...
Some interesting links we found across the web this week:
Jones Day
On July 13, 2016, the Securities and Exchange Commission voted to adopt amendments to the rules of practice that govern its Administrative Proceedings ("APs").
Shearman & Sterling LLP
On August 5, 2016, FINRA in Regulatory-Notice 16–291 proposed revisions to its regulation of broker-dealer gifts, entertainment and non-cash compensation and requested comments to the same.
Cadwalader, Wickersham & Taft LLP
FinCEN named Thomas Ott the new Associate Director of the Enforcement Division. Mr. Ott will oversee FinCEN's Bank Secrecy Act compliance and enforcement program.
Cadwalader, Wickersham & Taft LLP
The SEC settled charges with a health insurance provider for illegally using severance agreements to require outgoing employees to waive their ability to obtain monetary awards from the SEC whistleblower program.
Proskauer Rose LLP
We expect that trend to continue and, if anything, the focus on valuation is likely to increase, especially as the market for unicorns shakes out.
In a 2-1 decision, the Seventh Circuit has joined the Delaware Court of Chancery's call for enhanced scrutiny of "disclosure-only" M&A settlements that involve no monetary benefits to shareholders.
It depends on the investor, stage and industry of the company, but it is usually a mix of team,product, market, idea and the founder's understanding of the business that an investor looks for.
Foley & Lardner
Manufacturers involved in litigation must properly preserve electronically-stored information ("ESI") or potentially face daunting sanctions.
Cadwalader, Wickersham & Taft LLP
The CFTC issued a Final Staff Report on whether to lower the Swap Dealer De Minimis Exception threshold. Unless the CFTC takes further action, the threshold is scheduled to decrease from $8 billion to $3 billion in December 2017.
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Cadwalader, Wickersham & Taft LLP
At a public hearing, the Internal Revenue Service and the U.S. Treasury Department examined proposed regulations under Section 385 of the Internal Revenue Code.
Poyner Spruill LLP
Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make.
Kramer Levin Naftalis & Frankel LLP
On July 21, 2016, an NAIC working group proposed factors to guide regulators when reviewing insurance company mergers and acquisitions.
Reinhart Boerner Van Deuren S.C.
On July 6, 2016, the Federal Trade Commission decided to dismiss its administrative complaint challenging Cabell Huntington Hospital's proposed acquisition of St. Mary's Medical Center in Huntington, West Virginia.
Significant Changes In Corporate Law.
Jones Day
The Institutional Investors Group on Climate Change released the latest publication in a series of guides aimed at increasing investor activism at senior management levels regarding climate change.
The Foreign Account Tax Compliance Act ("FATCA") was enacted in 2010 by Congress to target non-compliance by U.S. taxpayers using foreign accounts.
Littler Mendelson
As with the Safe Harbor, the basic steps necessary to enjoy the Privacy Shield's benefits are straightforward.
A New York trial court recently recognized that insurers may not deny coverage for a claim, and then, if the denial was improper, object to a policyholder's settlement without their consent.
In a move that will make Securities and Exchange Commission administrative proceedings look more like civil litigation in federal court, on July 13, 2016, the SEC announced that it had adopted amendments to its rules of practice.
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