New York Law Journal | Analysis
By Angela Turturro | November 18, 2020
In his Corporate Securities column, John C. Coffee Jr. discusses a proposal by the U.S. Chamber of Commerce to the SEC, one which places the SEC at the top of a very slippery slope. The proposal, which seeks to bar liability for certain COVID-19-related statements, would go well beyond the existing statutory safe harbor and cover statements that are expressly not covered by the existing safe harbor.
New York Law Journal | Analysis
By Philip Berkowitz and Devjani Mishra | November 10, 2020
Just as many individuals are anxious to get back to bars and restaurants, concerts, theater, and family gatherings, these desires must be tempered by the risks that this behavior presents. In this Employment Issues column, Philip M. Berkowitz and Devjani Mishra write that opening prematurely can constitute an invitation to unwelcome and intrusive government oversight of workplaces, and can result in significant legal liability. Employers may, for the time being, choose to move cautiously before encouraging employees to return to work.
New York Law Journal | Analysis
By William F. Johnson | November 4, 2020
In his Corporate Crime column, William F. Johnson writes: Practitioners should be aware of the risk that courts will permit an adverse inference against their client in a civil case based on another person's invocation of their right not to testify, even when the client has not invoked.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | October 28, 2020
In their column on Corporate Governance, David A. Katz and Laura A. McIntosh consider how a corporation can successfully handle political pressures through a focus on corporate purpose.
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 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 | 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.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | June 10, 2020
A class should not be certified unless plaintiff establishes by a preponderance of the evidence that the process of distinguishing the injured claimants from the uninjured claimants will not entail highly individualized factual inquiries
By Barbara M. Goodstein | June 3, 2020
Uncertainties in regard to the treatment of series under various legal regimes have discouraged their widespread acceptance. In an effort to advance their use, the Uniform Law Commission in 2017 promulgated a model Uniform Protected Series Act for LLCs, but questions remained. More recent strides in the form of 2019 amendments to the Delaware LLC Act and the Delaware UCC and, just this past April, a draft commentary issued by the UCC Permanent Editorial Board, may finally bring some needed clarity to this area for practitioners, as Barbara M. Goodstein discusses in this edition of her Secured Transactions column.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 27, 2020
In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: For better or worse, the pandemic and future crises are likely to increase the extent to which the public perceives large corporations as entities that can and should bear a heavy burden of corporate social responsibility.
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