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Aquila on M&A: Dealmaking is Back  [Video]

May 19, 2014 (Mimesis Law) -- Frank Aquila, partner at Sullivan & Cromwell, tells Lee Pacchia that the recent uptick in deal activity has all the indications of an "M&A boom" in 2014. While the recent wave of transactions is...more

Private Fund Update - March 18, 2014

In this issue: - The 113th Congress - The Administration - Securities and Exchange Commission - Commodity Futures Trading Commission (CFTC) - Association for Corporate Growth (ACG) -...more

Taxes and Politics Collide in New IRS Guidelines for 501(c)(4) Organizations: IRS Proposes to Restrict Political Activities of...

On November 29, 2013, the Internal Revenue Service (“IRS”) issued proposed rules, “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities” (78 Fed. Reg. 71535-71542 (Nov. 29, 2013)),...more

BDC Reform Bills Face Uncertain Future

Three bills introduced in the House of Representatives that would ease leverage restrictions on business development companies (BDCs) face an uncertain future in light of concerns expressed by the Chair of the Securities and...more

Private Fund Update - October 21, 2013

In this issue: - The President - The 113th Congress - Securities and Exchange Commission - Commodity Futures Trading Commission (CFTC) - Small Business Investor Alliance (SBIA) -...more

Significant Restrictions on Local Government Debt and Swaps Introduced in the Pennsylvania General Assembly

Legislation (Senate Bills No. 901, 902, 903 and 904 (SB 901, SB 902, SB 903 and SB 904)) has been introduced in the Pennsylvania General Assembly that, if passed, in whole or in part, could significantly affect certain types...more

Congressional Caucus on Public-Private Partnerships Launched

Before departing Washington, DC for the traditional August Congressional recess, Congressmen Mike Rogers (R-AL-3) and Gerry Connolly (D-VA-11) announced that they are forming the Congressional Caucus on Public-Private...more

CalPERS Officials Travel The World Despite Executive Order

Two years ago and in light of a daunting structural budget deficit, Governor Jerry Brown issued Executive Order B-06-011. His order banned both in-state and out-of-state travel by government agencies unless it was “mission...more

The Most Important Thing You Need To Know Now About The Lifting Of The General Solicitation Ban

I’m tempted to begin this post with the following: Last week, the Securities and Exchange Commission lifted the ban on general solicitation in Rule 506 and Rule 144A offerings....more

MacEwen: Weil Gotshal Layoffs Start of Wave  [Video]

June 27 (Bloomberg Law) -- Weil, Gotshal & Manges' announcement this week it is firing 60 associates and 110 support staffers, and cutting the pay of about 30 partners, is the start of a wave of such downsizings, according to...more

Minnesota Legislature Passes Campaign Finance and Election Law Changes

The 2013 Minnesota Legislative Session saw the passage of significant campaign finance and election law legislation. Governor Dayton indicated at the beginning of this session that, despite the DFL majorities in both the...more

Legislature Passes Campaign Finance and Election Law Changes

The 2013 Minnesota Legislative Session saw the passage of significant campaign finance and election law legislation. Governor Dayton indicated at the beginning of this session that, despite the DFL majorities in both the...more

Overlapping Public Disclosure Requirements Can Be Complicated

Much controversy attends the ability of tax exempt 501(c)(4) social welfare organizations to make expenditures in connection with candidates in U.S. elections....more

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more

The Cost of Convenience: charging for online contributions

On May 7, 2013, the Minnesota Campaign Finance and Public Disclosure Board (“Board”) will consider an advisory opinion request submitted on behalf of Democracy Ventures, Inc., d/b/a Democracy.com. The organization is seeking...more

President Obama's 2014 Budget Proposes to Tax Carried Interest as Ordinary Income

Yesterday, President Obama issued his Administration’s Fiscal Year 2014 Budget, which includes a proposal to tax carried interests (also known as “performance allocations” or “incentive allocations”) in investment...more

“Great Caesar’s Ghost!” SOS Battles Backlog With 3 x 5 Cards

As part of the state budge process, state agencies must appear and testify before legislative budget committees. I recall some stressful moments testifying on the Corporations Committee Budget before a budget committee...more

Unsettled Settlements(?): The Effect of an Invalidated Recess Appointment on the CFPB Director’s Authority to Settle Proceedings

The constitutionality of President Obama’s recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”) is being challenged in a lawsuit filed in the U.S. District Court for the...more

Are Political Contributions Ultra Vires?

It’s been three years, but the Supreme Court’s decision in Citizens United v. Federal Election Comm’n, 558 US 50 (2010) continues to foment a fierce debate about corporate political spending. In February, Representative Adam...more

SCOTUS Considers Petitions in Two Campaign Finance Law Cases

Today, during its conference, the Supreme Court will consider whether to issue certiorari on two campaign finance cases: Danielczyk v. United States and McCutcheon v FEC....more

FEC Increases Political Contribution Limits

On January 30, the Federal Election Commission increased the amounts that individuals and certain PACs can contribute in the 2013-14 election cycle. The most significant change is that individuals may now give $2600 per...more

Can Feds Force Companies to Disclose Political Spending?  [Video]

Jan. 31 (Bloomberg Law) -- The SEC is considering a proposal by Robert Jackson, associate professor at Columbia Law School, that public companies be required to disclose their political spending. SEC staff members have said...more

Making Decisions on Corporate Campaign Expenditures by Thomas J. Spulak

The Nation has just witnessed one of the most expensive election campaigns - with over $6 billion spent by candidates, political parties and committees. Whether all of that money made a difference remains to be seen. One...more

"SEC Considering Disclosure of Political Activity Spending"

On December 21, 2012, the U.S. Securities and Exchange Commission (SEC) indicated in its semiannual regulatory agenda that the staff of the SEC’s Division of Corporation Finance is considering whether to recommend that the...more

Senator Seeks 24-Hour Advance Notice Of Corporate Political Contributions/Assemblymember Asks For Constitutional Convention

Yesterday, Broc Romanek noted the continuing interest in mandating disclosure of political spending by corporations. See Battle Lines Being Drawn: Political Spending Disclosures. We are also seeing activity here in...more

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