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New York Law Journal | Analysis
By Edward E. Neiger | December 28, 2018
In this issue of the Bankruptcy Update, Edward E. Neiger focuses on recent restructurings in the pharmaceutical industry, including Aralez Pharmaceuticals, Egalet Corporation and Synergy Pharmaceuticals.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | December 12, 2018
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern write: “Mootness fees” to plaintiffs' counsel after a voluntary dismissal have become a standard feature of deal litigation resolved before a stockholder motion to enjoin a transaction based on alleged proxy disclosure deficiencies is decided. The authors explain the important differences between disclosure-only settlements and mootness fees when resolving such litigation and discuss a recent relevant decision currently on appeal to the Seventh Circuit.
New York Law Journal | Analysis
By John C. Coffee Jr. | November 14, 2018
Corporate Securities columnist John C. Coffee Jr. writes: The most important issue in corporate governance today is dual class capitalization, and the most important recent development is the petition submitted on Oct. 24, 2018 by the Council of Institutional Investors (CII) to both the New York Stock Exchange and Nasdaq, asking them to place a “sunset” on differentials in voting rights.
New York Law Journal | Analysis
By Todd E. Soloway and Michelle Pham | October 30, 2018
In their Hospitality Law column, Todd Soloway and Michelle Pham explore some common issues that arise in M&A negotiations involving hospitality companies and provide guidance for how companies should address the related risks and liabilities.
New York Law Journal | Analysis
By Patrick G. Rideout and Giyoung Song | October 15, 2018
New York's Commercial Division recently initiated changes that continue its focus on utilizing efficiency, innovation and agility to attract high-stakes complex commercial cases.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 10, 2018
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer's exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 26, 2018
In their Corporate Governance Update, David A. Katz and Laura A. McIntosh write: As the #MeToo movement continues to make itself felt in all facets of American life, public company boards of directors that are newly focused on the issue of workplace harassment have seen corporate responses evolve. In recent months, many boards have overseen the addition of anti-harassment policies to corporate codes of conduct, the establishment of procedures for addressing allegations, and the enhancement of employee training at all levels.
New York Law Journal | Analysis
By Joseph E. Bachelder III | June 21, 2018
In this month's article on Executive Compensation, Joseph E. Bachelder III further explores Elon Musk's pay as CEO of Tesla.
New York Law Journal | Analysis
By Fred D. Weinstein | June 13, 2018
At the heart of the 'Meinhard' opinion is the concept that a fiduciary has a duty of undivided loyalty and, therefore, may not exploit a corporate opportunity for his or her own self-benefit.
New York Law Journal | Analysis
By Kathleen A. Scott | May 8, 2018
On April 20, 2018, the Financial Stability Board, an organization of international financial regulators that monitors and makes recommendations about the global financial system, issued a set of options it is calling a “toolkit” to assist regulators in determining how best to address conduct issues in their respective jurisdictions. International Banking columnist Kathleen A. Scott discusses the highlights of the toolkit.
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