New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | January 25, 2023
Directors should also pay close attention to the ongoing cultural and political conflicts relating to ESG. With high stakes on all sides, the level of reputational risk in this area is likely to increase for the foreseeable future.
New York Law Journal | Analysis
By John C. Coffee Jr. | January 18, 2023
The bottom line is that extraterritoriality in regulatory cases appears to lie today largely in the eye of the beholder. All that a judge has to assert is that some conduct by a person in the United States was "integral" to the fraud.
New York Law Journal | Analysis
By Evan T. Barr | January 4, 2023
A circuit split has emerged as to whether the logic of 'Honeycutt' should be extended to benefit defendants facing joint and several liability for forfeiture in connection with fraud or other economic crimes, where the amounts in question routinely exceed tens of millions of dollars.
New York Law Journal | Analysis
By Jeffrey Alberts | December 28, 2022
The CFPB closed out 2022 with a deceptively innocuous-sounding proposal to require nonbank financial companies to report certain public orders and judgments relating to consumer protection violations. However, it is clear that this proposal is a powerful one-way ratchet the CFPB can use to expand regulatory control over fintechs and other nonbank financial companies.
New York Law Journal | Analysis
By Corinne Ball | December 21, 2022
The Bankruptcy Code 502(b)(2) provision has been a point of contention when a solvent debtor prosecutes and confirms a plan that does not provide for the payment of post-petition interest.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | December 14, 2022
The potential for enforcement of a transferor's tax obligations against its transferee is demonstrated by 'ACI Construction, LLC v. United States', a recent decision of the U.S. District Court for the District of Utah.
New York Law Journal | Analysis
By Sidney Kess | December 7, 2022
The bad news is that increases in 2023 Medicare and Social Security taxes will hit some employees and self-employed individuals. But the good news is that beneficiaries will be seeing their benefits increase by the greatest amount in 40 years.
New York Law Journal | Analysis
By Andrew Seiken, Wing Wilson and Rafaela Vianna | November 30, 2022
The potential to obtain a full step-up in cost basis for trust assets regardless of which spouse predeceases creates significant opportunity for investors, owners of valuable real estate and those who have simply seen appreciation in marketable securities over time.
New York Law Journal | Analysis
By John C. Coffee Jr. | November 16, 2022
Is it (or when is it) legitimate for corporate management to reject a nomination in a director election (given that management is usually self-interested)? This column's answer will be that an independent corporate board is entitled to take actions (including through bylaws amendments) that generate greater transparency and material information—subject to judicial review.
New York Law Journal | Analysis
By Corinne Ball | October 26, 2022
A recent decision underscores that the focus of the business judgment rule with respect to a debtor is the impact on the estate, including the decision to sell its assets and permit the purchaser to designate leases for assumption.
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