New York Law Journal | Analysis
By John C. Coffee Jr. | March 14, 2018
Corporate Securities columnist John C. Coffee Jr. writes: Once upon a time, courts might wink and nod at “merger objection” cases and cooperate in their settlement. But with these cases now approaching 50 percent of all securities class actions, this “business-as-usual” approach cannot (and should not) continue. As a result, this may be the best of times for the established plaintiff's bar in securities class actions and the worst of times for the others.
New York Law Journal | Analysis
By William F. Johnson | February 28, 2018
In his Corporate Crime column, William F. Johnson writes: The SEC has left no doubt that it is focused on ICOs used to raise capital, and particularly on the lawyers who provide advice on securities law issues attendant to these offerings.
New York Law Journal | Analysis
By Corinne Ball | February 21, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a case in which the outcome of the controversy may significantly impact many future transactions, especially in private company settings.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | February 14, 2018
Taxation columnists David E. Kahen and Elliot Pisem write: Public Law 115-97, the “tax reform” legislation enacted last December, effected major changes to federal income tax law. While many of the changes are of relevance specifically to individuals, others affect all businesses, regardless of their form of organization, and some are particularly relevant to corporate taxpayers. David E. Kahen and Elliot Pisem are members of the law firm of Roberts & Holland.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | February 7, 2018
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: A recent Delaware Supreme Court en banc decision has ended uncertainty in Delaware and potentially elsewhere introduced when two Court of Chancery decisions urged that a longstanding derivative preclusion rule violates due process.
New York Law Journal | Analysis
By Barbara M. Goodstein | January 31, 2018
Secured Transactions columnist Barbara M. Goodstein writes: I'm happy that tax issues usually don't play a major role in most plain vanilla syndicated secured lending facilities. One area, however, that we finance lawyers have had to contend with, even in plain vanilla syndicated loan facilities, is §956 of the Internal Revenue Code.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | January 24, 2018
Corporate Governance columnists David A. Katz and Laura A. McIntosh write: In light of recent events, corporate directors may consider adding an item to the agenda for their next board meeting: the issue of potential sexual misconduct at the company.
New York Law Journal | Analysis
By John C. Coffee Jr. | January 17, 2018
Corporate Securities columnist John C. Coffee Jr. writes: Spotify is proceeding with the first “Underwriter-less” IPO that the New York Stock Exchange has seen in modern times. Will it attract other “unicorns”?
New York Law Journal | Analysis
By Philip M. Berkowitz | January 10, 2018
In his Employment Issues column, Philip M. Berkowitz writes: Ban-the-box laws did not make the decision whether to carry out background checks any easier for publicly traded companies and financial institutions. These companies must be familiar with the requirements of these various laws. Failing to get this right can have dire consequences.
New York Law Journal | Analysis
By Carlos J. Cuevas | January 3, 2018
Carlos J. Cuevas discusses 'In re Ciarcia', in which Bankruptcy Judge James Tancredi employed Bankruptcy Code §1307(c) to dismiss a Chapter 13 case because of the lack of good faith.
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