New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | October 14, 2020
In their Taxation column, David E. Kahen and Elliot Pisem examine how an irregularity in corporate form may invalidate an election and give rise to adverse consequences that become apparent only in the context of a tax audit years after the election was attempted.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 7, 2020
As derivative plaintiffs continue to seek to expand what constitutes mission critical corporate risk, these decisions provide practical guidance on how courts will: (i) identify the key compliance risks a company's business presents, and (ii) evaluate whether a particular company has implemented reasonable board-level monitoring and reporting procedures.
New York Law Journal | Analysis
By Joseph E. Bachelder III | September 28, 2020
Joseph Bachelder's latest Executive Compensation column analyzes possible employer adjustments to such pay as a result of the COVID-19 pandemic.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 23, 2020
The Securities and Exchange Commission recently revised the periodic disclosure requirements of Regulation S-K, the latest installment in the SEC's ongoing effort to improve the quality of public disclosures, write Corporate Governance columnists David A. Katz and Laura A. McIntosh.
New York Law Journal | Expert Opinion
By Robert J. Gayda and Catherine LoTempio | September 18, 2020
The Small Business Reorganization Act of 2019 went into effect just in the nick of time when small businesses struggling from the wake of the pandemic need debt relief more than ever.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 18, 2020
In their column on Corporate Insurance Law, Howard B. Epstein and Theodore A. Keyes are joined by Peter de Boisblanc to discuss insuring PPP funds, because businesses that received PPP funds face the risk of an SBA challenge to their eligibility to retain the funds without a repayment obligation.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 16, 2020
In his latest column on Corporate Securities, John Coffee posits that a better explanation of activist hedge fund behavior is needed,
New York Law Journal | Expert Opinion
By Jamila Justine Willis | August 28, 2020
With a specific focus on the bankruptcy cases filed of the last 10 years, the article analyzes the fashion and retail restructurings, identifying patterns from liquidations and repeat restructurings and discusses how fashion and retail companies have turned around their businesses during restructurings or protected themselves during this time.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | August 14, 2020
In their corporate litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the recent decision in 'Applied Energetics,' which explores the remedies of ratification and validation in Sections 204 and 205 of the Delaware General Corporation Law.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | July 22, 2020
In this Corporate Governance Update, David A. Katz and Laura A. McIntosh examine the demand for increased diversity on boards of directors.
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