New York Law Journal | Analysis
By John C. Coffee Jr. | July 14, 2021
IPOs can be successful (often) or unsuccessful (less common). But rarely can they destabilize an industry or imperil a fast-growing sector of the economy. Yet, that may have just happened, or be about to happen, in two long-anticipated IPOs: Didi Global and Robinhood Financial. In this edition of his Corporate Securities column, John C. Coffee Jr. explores recent developments and writes that both IPOs underline the critical nature of the disclosure decisions made by securities lawyers.
New York Law Journal | Analysis
By Philip Berkowitz | July 7, 2021
In this edition of his Employment Issues column, Philip Berkowitz writes that if you are internal counsel or a human resources executive, your compliance department may want to review not only policies, but also backup data.
New York Law Journal | Analysis
By William F. Johnson | June 30, 2021
Some courts have expressed skepticism about the wholesale use of unadjudicated administrative allegations in securities complaints. However, others—including a recent decision in the District of Maryland in the 'Under Armour' case—have given weight to the SEC's allegations when denying motions to dismiss. In this edition of his Corporate Crime column, William F. Johnson offers several practical suggestions to minimize the collateral effects of entering into an administrative settlement with the SEC or a similar agency.
New York Law Journal | Analysis
By Corinne Ball | June 23, 2021
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent decision in 'Davis v. State of California (In re Venoco)', which is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | June 16, 2021
In this edition of their Taxation column, David E. Kahen and Elliot Pisem explore a case in which a taxpayer's current position was preluded on the ground of equitable estoppel, as it was inconsistent with the taxpayer's prior position.
New York Law Journal | Analysis
By Alfred L. Fatale III, Lisa Strejlau and Marco A. Dueñas | June 9, 2021
Recently, several motion to dismiss decisions have been appealed to the New York Appellate Division, First Department. As the First Department navigates Securities Act cases in New York, these decisions provide important guidance for plaintiffs and defendants alike on pivotal questions of first impression covering applicable pleading standards, damages, standing and the applicability of the PSLRA.
New York Law Journal | Analysis
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
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
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
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.
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