Corporate Update

  • New York Law Journal | Analysis

    Raising the Stakes for Board Diversity

    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

    Absent Class Members and Article III Standing

    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

  • New York Law Journal

    Series LLCs and the UCC

    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

    EESG and the COVID-19 Crisis

    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.

  • New York Law Journal | Analysis

    Principles for Bailouts: A Closer Look at the CARES Act

    By John C. Coffee Jr. | May 20, 2020

    We have now been through two rounds of the PPP, and it is time for some stock-taking. How well did it work? How could it be redesigned to be more efficient or fairer—or both? John C. Coffee Jr. explores these questions in this edition of his Corporate Securities column.

  • New York Law Journal | Analysis

    Regulators, Banks and COVID-19 Employment Guidance

    By Philip M. Berkowitz | May 13, 2020

    Federal, state, and local regulators have sought to provide guidance to financial services employers in coping with the unique circumstances of the current coronavirus lockdown, and inevitably some of this guidance focuses on employment related issues. In his Employment Issues column, Philip M. Berkowitz discusses some of the government guidance issued so far for dealing with various concerns.

  • New York Law Journal | Analysis

    Advice for Financially-Distressed Businesses and Their Creditors

    By Michael J. Riela and Richard W. Trotter | April 29, 2020

    Distressed businesses that take proactive steps to preserve cash, cut costs, and increase liquidity will be better positioned to endure an uncertain economic environment. Similarly, creditors that act to limit their exposure to preference litigation can decrease their risk of surrendering the payments they received.

  • New York Law Journal | Analysis

    Empire Generating: Majority Lender Is Poised To Control Outcome Using Credit Bid

    By Corinne Ball | April 22, 2020

    In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that confirms the importance of intercreditor agreements as determinative of rights as among the creditors subject to the contract. This decision gives weight to the view that the bankruptcy court is not an appropriate forum for what is strictly an intercreditor dispute.

  • New York Law Journal | Analysis

    Income Tax Relief Under COVID-19 Legislation

    By David E. Kahen and Elliot Pisem | April 15, 2020

    In their Taxation column, David E. Kahen and Elliot Pisem discuss the Coronavirus Aid, Relief, and Economic Security Act, particularly focusing on the loosening of limitations on the use of net operating loss carryovers and carrybacks by corporate and non-corporate taxpayers and of "excess business losses" by non-corporate taxpayers, including shareholders in S corporations and owners of equity interests in entities treated as partnerships for tax purposes.

  • New York Law Journal

    The Exercise of Specific Jurisdiction Over Non-Resident Class Members' Claims 

    By Joseph M. McLaughlin and Shannon K. McGovern | April 8, 2020

    In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern write: The first wave of circuit guidance on the procedural and substantive implications of 'Bristol-Myers' for class actions brought in federal court has unfortunately failed to mitigate uncertainty about the timing and viability of jurisdictional challenges to nonresidents' putative class claims.

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