New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | July 27, 2022
With its recent actions regarding the regulation of proxy advisory services, the SEC may have eviscerated more than the 2020 rules.
New York Law Journal | Analysis
By John C. Coffee Jr. | July 20, 2022
If the conservative majority on the Supreme Court intends to dismantle (or at least downsize) the Administrative State, this coming year may prove critical because the opportunities for major downsizing have already been placed on the court's agenda.
New York Law Journal | Analysis
By Philip M. Berkowitz | July 13, 2022
Counsel representing banks in employment litigation need to understand the special privileges and rules regarding access to bank records and disclosures to regulators.
New York Law Journal | Analysis
By William F. Johnson | July 6, 2022
What are SEC-regulated entities and defense practitioners to make of SEC employees' "personal views" as articulated in public speeches, particularly when those views are clearly presented and later referred to as guidance on the agency's views? Put differently, how should an entity treat views that are initially disclaimed and nonbinding but that have manifestly factored into how the agency evaluates its regulated entities and individuals?
New York Law Journal | Analysis
By Jeffrey Alberts and Dustin N. Nofziger | June 29, 2022
The Consumer Financial Protection Bureau announced this April that it intends to begin using a "dormant" authority to conduct regulatory examinations of nonbank financial companies when they pose risks to consumers.
New York Law Journal | Analysis
By Corinne Ball | June 22, 2022
The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that the analysis on review includes whether the bankruptcy court appropriately exercised its discretion in determining that disqualification was not a fitting remedy in the circumstance.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | June 15, 2022
The article discusses 'Continuing Life Communities Thousand Oaks, LLC v. Commissioner', a recent decision of the Tax Court that rejected an IRS effort to change the method of accounting followed by a LLC for financial and tax purposes to a less favorable method.
New York Law Journal | Analysis
By William J. Harrington and W. Kyle Tayman | June 8, 2022
The new Director is seeking to flex and strengthen all of CFPB's dormant muscles.
New York Law Journal | Analysis
By Barbara M. Goodstein | June 1, 2022
Two recent events occurring within six months of each other have suggested the Luxembourg Rail Protocol may be gaining steam.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 25, 2022
Recent state court decisions striking down board diversity mandates in California present an opportunity to consider the current regulatory context and the realities facing nominating committees and boards today.
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