Corporate Update

  • New York Law Journal | Analysis

    Strict Foreclosure Under New York Law—2.0

    By Barbara M. Goodstein | June 2, 2021

    In this edition of her Secured Transactions column, Barbara M. Goodstein discusses '111 West 57th Inv. LLC v. 111 W57 Mezz Inv'r LLC', an Appellate Division ruling that is interesting for its interpretation as to the persons entitled to notice of and a right to object to a strict foreclosure under §§9-620 and 9-621. The case is also an important reminder to secured parties not to focus solely on the literal requirements of the Article 9 rules for strict foreclosure, but to keep in view the broader principles of the UCC.

  • New York Law Journal | Analysis

    SEC Regulation of ESG Disclosures

    By David A. Katz and Laura A. McIntosh | May 26, 2021

    While the SEC traditionally has required disclosure of financially material information, its new leaders are clearly considering requiring reporting of ESG-related information whether or not it is financially material. In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh explore the current disclosure framework and the challenges and questions to come.

  • New York Law Journal | Analysis

    Insider Trading Law at Another Crossroads: 'Blaszczak' Shows the Need for Legislation

    By John C. Coffee Jr. | May 19, 2021

    In this edition of his Corporate Securities column, John C. Coffee Jr. discusses that the current scope of insider trading law, which remains unresolved and is unlikely to be resolved by an upcoming Second Circuit decision on remand in 'Blaszczak'. He writes: The case for a legislative resolution of the issue thus grows stronger, and passage of a revised insider trading law is now feasible in view of the Democrats' razor-thin majority in the Senate.

  • New York Law Journal | Analysis

    Regulatory Guidance on Cyber Breaches and Impact on the Insurance Market

    By Eric B. Stern, Andrew A. Lipkowitz and Kelly S. Geary | May 12, 2021

    As cybersecurity incidents continue to rise in frequency and severity, it is important for cyber insurance underwriters as well as insureds to be familiar with the laws and regulations that may impact cyber coverage.

  • New York Law Journal

    Home Court Disadvantage: Change of Venue in Federal Criminal Cases

    By Evan T. Barr and Bryan A. McIntyre | May 5, 2021

    The Federal Rules of Criminal Procedure have long provided a mechanism to enable a high-profile defendant to seek a change of venue. However, even in cases involving "localized hostility and media bias," judges have been loath to grant such motions. In their Corporate Crime column, Evan Barr and Bryan McIntyre explore the demise of the rule and whether it still serves any purpose.

  • New York Law Journal | Analysis

    'Materiality' in America and Abroad

    By David A. Katz and Laura A. McIntosh | April 28, 2021

    In this edition of their Corporate Governance column, discuss a bedrock feature of American securities law and regulation—materiality. They write that the working definition of materiality in the United States, which has served corporate America well for nearly nine decades, now finds itself facing significant pressures from a variety of sources.

  • New York Law Journal | Analysis

    The 'Two Hats' Doctrine for Shared Directors and Officers Falters When Assessing Waiver of Attorney-Client Privilege Suggesting Caution on Sharing Legal Advice

    By Corinne Ball | April 21, 2021

    In her Distress Mergers and Acquisitions column, Corinne Ball discusses recent rulings from the Bankruptcy Court for the District of Delaware, which highlight the risk of relying on the "two hats" doctrine to protect attorney-client privilege covering communications involving shared personnel.

  • New York Law Journal | Analysis

    The PEB Comments!

    By Barbara M. Goodstein | April 1, 2021

    On March 4th, the PEB issued four new draft commentaries, which address choice-of-law rules, enforcement of obligations of securities intermediaries, and priority of liens on receivables perfected by financing statements. In this edition of her Secured Transactions column, Barbara M. Goodstein surveys all four draft commentaries and touches on their importance as they relate to finance practitioners.

  • New York Law Journal | Analysis

    Integrating ESG Into Corporate Culture: Not Elsewhere, but Everywhere

    By David A. Katz and Laura A. McIntosh | March 24, 2021

    In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh write that in order to be a meaningful factor in effectuating corporate purpose, ESG—or, more accurately, EESG (including Employees as well as Environmental, Social, and Governance)—must be integrated throughout corporate affairs, not just in the boardroom.

  • New York Law Journal | Analysis

    Stop the Game!: How To Chill Bubbles Sensibly

    By John C. Coffee Jr. | March 17, 2021

    In this edition of his Corporate Securities column, John C. Coffee Jr. discusses issues stemming from the recent GameStop stock frenzy. He writes: Bubbles are bad; GameStop was a bubble; and the influences that caused it (which were indeed new and novel) need to be chilled. But how you chill a bubble is not a simple question.

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