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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Blog: Has Demand for ESG Disclosure Reached an Inflection Point?

by Cooley LLP on

Do investors really care about ESG (environmental, social and governance) disclosures? Apparently they do, according to a recent survey by EY, and they even take information about ESG into account in making investment...more

Transferability Provisions

When drafting governing agreements (“agreements”) for a corporation, partnership or LLC, provisions addressing the transfer of ownership interests (“interests”) are often not given the attention they deserve....more

Antitrust practice as a matter of legal business (Ukrainian)

by DLA Piper on

Over the past 10-15 years, the relevance of antitrust and competition law issues has increased considerably. In order to provide efficient consultations, the large law firms have established separate antitrust practices. The...more

Illinois UP Bill Would Retroactively Require Reporting of Gift Cards and B2B Transactions

by McDermott Will & Emery on

Earlier this year, an unclaimed property rewrite bill (HB 2603) was introduced in the Illinois House that would require holders to retroactively report a number of property types currently exempt. The provision would require...more

Saudi Arabia PPP Update – Vision 2030 and the National Transformation Programme, Malaysian Economic Cooperation, and the New Saudi...

by King & Spalding on

King Salman Abdulaziz Al-Saud’s recently concluded 31-day trip to Asia saw Saudi Arabia and Malaysia sign a series of four memoranda of understanding (MOUs) relating to economic cooperation, trade, investment and human...more

Dealing with Violations in Export and Import Transactions

by Williams Mullen on

You are the general counsel or CEO of your company. Your compliance manager comes into your office and tells you that he/she may have discovered an export violation within the company. Or perhaps you have received a directed...more

Court of Appeals Dismisses Appeal For Lack Of Jurisdiction

On April 20, the U.S. Court of Appeals for the Second Circuit issued a unanimous ruling that may terminate much of the litigation triggered by the bankruptcy of Tronox Inc. The Court of Appeals dismissed the appeal for lack...more

[Webinar] Be Compromise Ready: Go Back to the Basics - May 9th, 12:00pm EDT

by BakerHostetler on

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack....more

Audit Chances

by Pessin Katz Law, P.A. on

As in the past, PK Law reports on the Internal Revenue Service’s (“IRS”) data book (IR 2017-69) regarding a taxpayer’s chances of undergoing an audit. The annual data book reflects data collected during the fiscal year 2016...more

Court Of Chancery Explains Fiduciary Duty Of Preferred Stockholders’ Directors

by Morris James LLP on

This decision is a primer on most of the major issues in Delaware corporate law. However, what it is most likely to be remembered for is its explanation of the duties that directors have to the enterprise as a whole, even...more

The Growth of European Covenant Lite

by Latham & Watkins LLP on

In 2016, global sponsors and their advisers were successful in continuing to export their experiences from financing transactions in the US leveraged loan and global bond markets to the European leveraged loan market, and...more

Court Of Chancery Limits Creditor Standing

by Morris James LLP on

This decision holds that a creditor lacks standing to bring breach of fiduciary duty claims arising out of the management of an LLC. Of course, creditors are better served by drafting the loan documents to protect their...more

Court of Chancery Explains When There Is A Basis To Investigate

by Morris James LLP on

This decision does a good job of explaining when there is an adequate showing of possible wrongdoing sufficient to justify a books and records inspection. It also explains why conducting a proxy contest does not warrant...more

Delaware Court Orders Sale of Solvent Company’s Stock Despite Shareholder Objections

by Cole Schotz on

Delaware General Corporate Law § 226 (the “Custodian Statute”) bestows the Delaware Court of Chancery with the power to appoint a custodian for solvent companies and receivers for insolvent companies in certain circumstances....more

Governance & Securities Law Focus: Europe Edition - April 2017

by Shearman & Sterling LLP on

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more...more

Drafting In The Details

by Dickinson Wright on

The Fifth Circuit Court of Appeals recently affirmed that the devil really is in the details in a case that illustrates the importance of ensuring that deal documents accurately reflect the parties’ agreed upon terms with...more

The Ropes Recap: Mergers & Acquisitions Law News - Second Half 2016

by Ropes & Gray LLP on

NEWS FROM THE COURTS – Delaware Court of Chancery Once Again Rejects Transaction Price as the Best Measure of Fair Value in DFC Global Litigation - On July 8, 2016, the Delaware Court of Chancery released its...more

Corporate and Financial Weekly Digest - Volume XII, Issue 15

CFTC - CFTC Extends Previously Granted No-Action Relief for Swap Dealers Complying With EU Requirements - On April 18, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight...more

IRS Announces Disagreement with Ninth Circuit’s Holding on Completed Contract Method of Accounting

by Miles & Stockbridge P.C. on

The IRS recently announced its disagreement with the Ninth Circuit’s ruling that, with respect to planned communities, the 95% test under the completed contract method of accounting applies on a development-wide basis rather...more

Court Of Chancery Explains Limits Of The Dual Claims Rule

by Morris James LLP on

Under the well-known Brinckerhoff decision, a claim may be both a direct claim and a derivative claim. When that occurs the complaint need not comply with Rule 32.1 demand requirements. This decision points out that...more

Modernisation of Dubai free zone regulations

by DLA Piper on

The Dubai Creative Clusters Authority (DCCA), formerly known as the Dubai Technology & Media Free Zone Authority or TECOM, which is the free zone authority with jurisdiction over nine Dubai Creative Cluster (DCC) free zones,...more

Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments

by King & Spalding on

Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as well as downside protection through the asset class’s inflation-hedging characteristics. An...more

Not Chapter 11 but Chapter 11-ish

by Morrison & Foerster LLP on

Parents, headmasters, hoteliers, restauranteurs, insurers and countries love them or hate them, depending on how their school or restaurant, company or nation is ranked. I’m referring to the World Bank’s annual Doing...more

Food for Thought, part 1

In researching and updating our treatise, Exempt and Hybrid Securities Laws, we regularly review recent literature regarding capital markets developments. The principal underlying thesis of the treatise has been that exempt...more

FINRA Solicits Comments on Rules Impacting Capital Formation and Proposed Changes to the Corporate Financing Rule

In what seems to be a bow to the Trump Administration, FINRA has issued Regulatory Notice 17-14 which broadly seeks comments on FINRA rules that impact capital formation. ...more

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