By John C. Coffee Jr. | January 16, 2019
In his Corporate Securities column, John C. Coffee Jr. writes: The results are now in for 2018, and, in terms of securities class actions, it was another near-record year with a bumper crop of lawsuits.
By Philip M. Berkowitz | January 9, 2019
In his Employment Issues column, Philip M. Berkowitz writes: What are the risks of misusing confidential supervisory information? A recent matter involving a former Federal Reserve Bank of New York examiner and a Goldman Sachs banker is instructive.
New York Law Journal | Analysis
By Steven Witzel and Amanda Giglio | January 2, 2019
In this Corporate Crime column, Steven Witzel and Amanda Giglio discuss the practice colloquially known as “prison gerrymandering” through which incarcerated people are counted as residents of the towns where they are imprisoned (rather than where they lived before they were incarcerated) for purposes of drawing parameters for legislative districts.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | December 19, 2018
In their Taxation column, David E. Kahen and Elliot Pisem discuss a recent decision that offers guidance as to when a taxpayer will be considered to have adopted, or changed, an accounting method, which can be an issue in many contexts other than that of accounting for advance payments
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 Theresa A. Driscoll | December 5, 2018
In a much needed and welcomed bipartisan effort, Sen. Chuck Grassley (R-Iowa) and Sen. Sheldon Whitehouse (D-R.I.) introduced a bill last week that, if approved, would make bankruptcy a more attractive and realistic option for small businesses in financial distress.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | November 28, 2018
Corporate Governance columnists David A. Katz and Laura A. McIntosh address a significant debate that has developed in recent months regarding the purpose and future of corporations, the primacy of shareholder interests, and the role of the regulatory environment. The outcome could have a lasting impact on public companies.
By Dan M. Clark | November 26, 2018
The approval comes after Maria Vullo, the superintendent of the state Department of Financial Services, suggested last month that her agency could choose to block the deal over concerns that CVS would pass on the cost of the merger to policyholders and customers.
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.
By Jeremy Deutsch | November 9, 2018
Few investors consider the legal implications associated with the investment managers' choice of entity and the state in which that entity was formed and what all that might have to do with their investment. Those choices may have significant ramifications.
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