Elisabeth Cappuyns

Elisabeth Cappuyns

Akin Gump Strauss Hauer & Feld LLP

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Top 5 Delaware Case Developments in 2014 for M&A Practitioners

In this analysis: - Introduction - MFW standard applied - Control explained - Indemnification tested - Revlon and fiduciary duties examined - Delaware reaches out - Excerpt...more


U.S. Supreme Court Round-Up: Sun Capital Cert Denied, Omnicare Cert Granted and Whistle-Blower Protection Extended

As first discussed in July 2013 the First Circuit Court of Appeals held in Sun Capital Partners III, LP, et al. v. New England Teamsters & Trucking Industry Pension Fund that a Sun Capital Partners private equity fund (Sun...more

3/10/2014 - Commercial Bankruptcy ERISA FMR LLC Lawson v FMR Omnicare Pensions Private Equity Sarbanes-Oxley SCOTUS Securities Act of 1933 Sun Capital Partners Trucking Industry Whistleblower Protection Policies Whistleblowers

Practice Tips for M&A Practitioners for 2014

Based on a number of cases decided by the Delaware courts in 2013, below we summarize practice tips regarding careful drafting of contractual provisions and complying with technical and statutory requirements....more

1/24/2014 - Attorney-Client Privilege Covenant of Good Faith and Fair Dealing Disclaimers Fiduciary Duty Fraud LLC Reverse Triangular Mergers

Top 5 Delaware Case Developments in 2013 for M&A Practitioners

During 2013, in addition to the important changes to the Delaware General Corporation Law (“DGCL”) and the Limited Liability Company Act, described here, the Delaware courts issued a number of decisions that have a direct...more

1/22/2014 - Board of Directors Business Judgment Rule CEOs Fairness Hearings Forum Selection Going-Private Transactions Minority Shareholders Preferred Shares Shareholders Standard of Review

SEC Requests Public Feedback on Study on Asset Management Issues

On September 30, 2013, the SEC opened a page on its website to allow the public to comment on a study entitled “Asset Management and Financial Stability” by November 1, 2013....more

10/18/2013 - Asset Management Public Comment SEC

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