Business Organization Updates

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A Rudimentary Resource Regarding Registration Rights

In any venture term sheet, an entire page (typically page 3 or 4, after the key terms we have discussed previously) will often be devoted to the concept of registration rights, which ultimately are addressed in an Investors’...more

What, Pray Tell, Is A “Foreign Corporation”?

Earlier this week, I wrote about Wellisch v. Pa. Higher Educ. Assistance Agency, 2017 U.S. Dist. LEXIS 40831 (N.D. Cal. Mar. 21, 2017). The issue was whether the defendant, Pennsylvania Higher Education Assistance Agency,...more

Saudi Arabia Update - March 2017

Legal developments - The Kingdom continues its move towards e-government services - Ministry of Municipal and Rural Affairs considers issuing temporary licenses online for multiple activities - The Ministry of...more

GSA IG Questions Pricing Evaluation of Professional Services Schedules

GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors....more

Brexit and IP: 5 Things Brand Owners Should Do Now

Following the Prime Minister’s triggering of Article 50 today, 29 March 2017, we have 2 years until the legislative reality of Brexit and its implications will truly impact IP owners. However, there are steps that brand...more

March Madness: New Private Letter Rulings Address Tax Accounting Issues

In the last few weeks, the Internal Revenue Service (the Service) issued several private letter rulings addressing a variety of tax accounting issues. From bonus depreciation elections to the correct unit of property for...more

Italy Implements Directive Requiring Non-Financial Disclosures for Large European Undertakings

Large public-interest companies and parent companies must disclose several types of non-financial information — for the benefit of both investors and consumers — or face monetary penalties. Directive 2014/95/EU of...more

Delaware Courts Expand Corwin Line of Cases

On March 7, 2017, Vice Chancellor Laster of the Delaware Court of Chancery dismissed the action In re Columbia Pipeline Group, Inc., C.A. No.12152-VCL. Stockholders of Columbia Pipeline Group, Inc. (“CPG”) claimed that CPG’s...more

Episode 7: Conflict in the Family-Owned Business: A Conversation with Professor Benjamin Means  [Audio]

As many litigators will tell you, “business divorce on steroids” aptly describes the tenor of litigation that can erupt when members of a family-owned business have a falling out. No one has devoted more scholarship to the...more

Culture: Meeting Regulatory Expectations - March 2017

Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint any such scandal that was not, to a material...more

Two Restatements Results in Settled SEC Financial Fraud Charges

The Commission filed a settled financial fraud action centered on three restatements against a company and two of its officers last fall. It charged violations of Exchange Act Sections 10(b), 13(a), 13(b)(2)(A) and...more

No Such Thing as March Break – Selected Corporate and Securities Law Developments

March was a busy month for corporate and securities law developments, with the publishing of staff notices by the Toronto Stock Exchange (TSX) and Canadian Securities Administrators (CSA), as well as developments regarding...more

SEC Requires Public Companies to Hyperlink Exhibits Beginning September 1, 2017

Public companies will soon be required to include an active hyperlink to each exhibit to all registration statements filed under the Securities Act of 1933, as amended, and all periodic and current reports filed under the...more

What If I Was Doing The Same Thing I Now Want to Sue Over?

Many clients ask at the start of a business divorce lawsuit, “Is it fatal to a shareholder oppression claim if I was doing some of the same things that the majority owners are doing that I am now complaining about?” As often...more

FCPA Compliance Report-Episode 319-Brandon Essig on Prosecutor's View of the Yates Memo [Video]

In this episode I visit with Brandon Essig, a former DOJ prosecutor when the Yates Memo was released. He discusses the impact of the Yates Memo inside the DOJ and the triage that prosecutors use on cases in response....more

Day 22 of One Month to Operationalizing Your Compliance Program-Operationalzing Compliance Through Compensation Incentives [Video]

The Evaluation of Corporate Compliance Programs, Prong 6, Incentives and Disciplinary Measures states: Incentive System – How has the company incentivized compliance and ethical behavior? How has the company considered the...more

Economic regulation in the face of declining demand

Overview of decision - On 28 March 2016, the Federal Court dismissed Telstra's appeal against the ACCC's October 2015 decision setting the prices for fixed line telecommunications services. In upholding the ACCC's...more

PPI Complaints – FCA publishes final rules and guidance

Payment Protection Insurance (PPI) mis-selling has been a huge issue for firms. Not only has it damaged public trust and confidence but it has also been an enormous drain on resources with firms handling over 18.4 million PPI...more

TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in...more

2017 Federal Budget measures affecting the energy industry

There are several measures in this year’s Canadian Federal Budget that directly affect the energy industry. This is a highlight of these proposed changes....more

Certain Considerations Relating to Virtual Shareholder Meetings

Virtual annual shareholder meetings are gradually increasing year-over-year, but the absolute number is still small and investor resistance to the "virtual-only" format persists. Nevertheless, additional companies continue to...more

New rules on conflict minerals for EU importers

The European Union is bringing forward new rules on the sourcing and import of conflict minerals. The European Parliament approved the draft conflict minerals regulation (the Regulation) on 16 March 2017 by a large...more

Ukraine: Adoption of laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares)...

On March 23, 2017 the Verkhovna Rada of Ukraine adopted three laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies, in particular joint-stock companies, and...more

Department Of Business Oversight Proposes Changes To Proposed Finders Rule

Last July, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner). The bill, which was enacted in 2015 and took effect last year, created a new exemption from the...more

Ukraine: Adoption of laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares)...

On March 23, 2017 the Verkhovna Rada of Ukraine adopted three laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies, in particular joint-stock companies, and...more

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