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Blog: Will The SEC Intercede In The Battle Over Fee-Shifting Bylaws?

“The first trickle through a leak in the dam” that eventually causes the dam to collapse is how Professor John Coffee characterized the adoption of fee-shifting bylaw or charter provisions by 24 companies since May of this...more

M&A Broker Exemption Bill Resurrects Financial Statement Replaced in 1988

Last week, the North American Securities Administrators Association withdrew its support for S. 1923 which, if enacted, would exempt “M&A brokers” from the broker registration requirements of the Securities Exchange Act of...more

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

Bill on Bankruptcy: Why is Kodak's Stock Soaring? [Video]

March 20 (Bloomberg Law) -- Although Eastman Kodak Co. stock shot up like a rocket in a week's time, investors might not have the same profitable outcome like owners of American Airlines shares, as Bloomberg Law's Lee Pacchia...more

Weekly Brief: M&A Heats Up; Intrade Shuts Down; BigLaw Bonuses [Video]

Nov. 29 (Bloomberg Law) -- The search for life in the M&A universe has yielded some encouraging signs. Deals are back, Dechert M&A partner Bill Lawlor tells Bloomberg Law's Lee Pacchia in the Weekly Brief - especially as...more

Lawyer: M&A Practice Is Booming & Likely to Continue [Video]

Nov. 26 (Bloomberg Law) -- Bill Lawlor, an M&A partner at Dechert LLP, tells Bloomberg Law's Lee Pacchia that the years-long drought in mergers and acquisitions activity may finally be drawing to a close. His office is seeing...more

The FCPA Guidance: Bob Dylan, Change and Political Reality

The FCPA Guidance is here and I will write a few postings on the subject. Initially, it is important to look at the political landscape. President Obama’s re-election communicated an important message to lawmakers and...more

California Bill Threatens Market Exception For Dissenters’ Rights

The California legislature is taking its summer recess and will reconvene on August 6. Joint Rule 51(b)(2). It will then sit until August 31 which is the last day for either the Senate or the Assembly to pass bills. Cal....more

Six Lessons Learned from the CP Rail Proxy Battle

In late September 2011, funds controlled by Pershing Square Capital Management, Inc. (Pershing Capital) began acquiring common shares of Canadian Pacific Railway Limited (CP Rail) at prices approximating the 2-year low in CP...more

Delaware Chancery Court Enjoins Stockholder Vote For Lack Of Adequate Disclosures In Proxy Statement

In Maric Capital Master Fund, Ltd. v. PLATO Learning, Inc., C.A. No. 5402-VCS (Del. Ch. May 13, 2010), the Court of Chancery of the State of Delaware granted plaintiff Maric Capital Master Fund’s (“Maric”) motion for a...more

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