By C. Ryan Barber | May 7, 2019
The US Justice Department is pushing back against claims the False Claims Act violates the Constitution's appointments clause. Plus: there's a new lobbying push on Capitol Hill involving "digital service taxes." Scroll down for Who Got the Work and an epic list of new hires and notable moves. Thanks for reading!
By Phillip Bantz | May 7, 2019
For decades, the SEC has used gag orders to prevent defendants from ever speaking about cases that have been settled. Now, two lawsuits are challenging the constitutionality of the rule. But one former SEC lawyer-turned-defense attorney says the rule's demise could be bad for defendants.
By Phillip Bantz | May 7, 2019
For decades, the SEC has used gag orders to prevent defendants from ever speaking about cases that have been settled. Now, two lawsuits are challenging the constitutionality of the rule. But one former SEC lawyer-turned-defense attorney says the rule's demise could be bad for defendants.
By Jenna Greene | May 6, 2019
The high-profile save in a face-off against the SEC underscores how Hueston Hennigan—an Irell & Manella spin-off now entering its fifth year—has assumed a spot in the ranks of the litigation elite.
Delaware Business Court Insider | Commentary
By Richard L. Renck | May 1, 2019
Most readers of this publication will likely be familiar with the MFW conditions announced by the Delaware Supreme Court in 2014, and which, when present, alter the standard of review of transactions between a Delaware corporation and a controller from the traditional—and onerous—entire fairness standard of review to the application of the business judgment rule.
By Caroline Spiezio | May 1, 2019
Elon Musk's tweets related to Tesla finances must now be preapproved by "an experienced securities lawyer employed by the company," according to an SEC agreement. Tesla's top securities lawyer left in November, and it's not clear if he's been replaced or who will take on the role as Musk's Twitter gatekeeper.
New York Law Journal | Analysis
By Howard Fischer | April 30, 2019
By expanding the scope of liability for those who are involved in disseminating misrepresentations even if they are not the authors or originators of them, 'Lorenzo' conceivably could have a vast impact on both SEC enforcement, as well as private lawsuits.
By Jenna Greene | April 29, 2019
Two cases that ended on Friday—one with a civil penalty, the other with a guilty verdict—show how inconsistent the laws around insider trading can be.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari and Nathaniel J. Stanger | April 26, 2019
On April 2, the Securities and Exchange Commission (SEC) published final rules to modernize and simplify certain disclosure requirements within Regulation S-K pursuant to the Fixing America's Surface Transportation Act (FAST Act).
By Dan Clark | April 24, 2019
The number of non-U.S. issuers targeted for securities class action suits has stayed steady for the second year in a row, according to a report published by Dechert earlier this month.
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