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Week in Review

Some popular online services made legal headlines this week. After years of litigation, a federal appeals court held that Yelp did not extort businesses by manipulating user reviews to coerce advertising purchases. While Yelp...more

Fee Shifting Bylaw Facially Valid Under Delaware Law

On May 8, 2014, Delaware Supreme Court, en banc, answered four questions of law certified to it by the U.S. District Court for the District of Delaware and upheld the facial validity of a fee shifting provision in a Delaware...more

Global Investigation of Manipulation of Benchmark Foreign Exchange Rates Focuses on Chat Group of Top Bank Traders

Competition authorities around the world are investigating whether banks manipulated WM/Reuters rates, which are used as a benchmark for foreign exchange (“FX”) rates for trillions of dollars of investment transactions. ...more

Corporate and Financial Weekly Digest - Volume IX, Issue 5

In this issue: - FTC Announces New Filing Thresholds for Hart-Scott-Rodino Pre-Merger Notifications - SEC Division of Corporation Finance Issues Three C&DIs Relating to “Unbundling Rule” - NFA Members...more

Orrick's Financial Industry Week in Review - January 27, 2014

Lehman Court Finds Safe Harbors Protect Damage Calculation Provisions in Swap - Judge James M. Peck issued a significant opinion in the Lehman Brothers bankruptcy late last month, which preserved important safe...more

US China Trade War Developments –Trade, False Claims Act, Patents, US/Chinese Antitrust And Securities

On December 3, 2013, former Congressman Don Bonker of APCO and I will be speaking in Vancouver, Canada at a breakfast conference held by the American Chamber of Commerce on “The Trans-Pacific Partnership Demystified: A...more

US China Trade War–Developments In Trade, Customs, Patents, Antitrust And Securities

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

Recent Cases Serve as a Reminder of the Potential Impact of HSR Reporting Requirements and Other Key Disclosure Rules on...

Two recent enforcement actions by the Department of Justice and the Federal Trade Commission (the “FTC”) confirm that there is continuing attention in the United States on compliance by investors with the reporting...more

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

Bernstein Shur Business and Commercial Litigation Newsletter #24

We are pleased to present the 24th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent decisions addressing the statute of repose for securities fraud claims, the...more

Corporate and Financial Weekly Digest - January 4, 2013

In this issue: - CII Submits Rule 10b5-1 Rulemaking Petition to the SEC - ISS Publishes Updated FAQs for its Proxy Voting Policies - CFTC Issues Final Order on Cross-Border Swaps - CFTC Issues No-Action...more

Self-Dealing By Officers or Directors of a Corporation

Self-Dealing By Officers or Directors of a Corporation by Dan Brecher on October 4, 2012 Corporations are owned by their shareholders, managed by their directors and operated by their officers. On occasion, directors...more

Here We Go Again: Another Attempt at Recovery for Energy Ratepayers

Another class action lawsuit has been filed against KeySpan Corporation (KeySpan) and Morgan Stanley Capital Group Inc. (Morgan Stanley), claiming damages for antitrust violations resulting from an allegedly illegal swap...more

SEC v. Goldman Sachs & Co. and Fabrice Tourre

SEC v. Goldman Sachs & Co. and Fabrice Tourre Complaint (Form 8-k)

The Commission brings this securities fraud action against Goldman, Sachs & Co. (“GS&Co”) and a GS&Co employee, Fabrice Tourre(“Tourre”), for making materially misleading statements and omissions in connection with a...more

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