Securities Alternative Dispute Resolution (ADR) Business Organization

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FTC Cautions Against Improper Reliance on “Investment-Only” Exemption

Investment manager Third Point LLC and three of its affiliated funds have entered into a proposed settlement agreement with the federal antitrust authorities for violations of the Hart-Scott-Rodino Antitrust Improvements Act...more

The International Arbitration Review

International arbitration is a fast-moving express train, with new awards and court decisions of significance somewhere in the world rushing past every week. Legislatures, too, constantly tinker with or entirely revamp...more

Petrobras Shareholders’ Brazilian-Law Claims Are Subject to Mandatory Arbitration Provision

The travails of Petrobras have generated a lot of attention – and litigation – in the past year. On July 30, 2015, District Judge Jed Rakoff, of the Southern District of New York, issued an opinion explaining his prior order...more

California and Delaware Courts Agree: Amendments to Corporate Bylaws Do Not Apply Retroactively to Impair Pursuit Previously...

Two recent decisions, one from the Delaware Court of Chancery and one from the California Court of Appeal, Fourth Appellate District, refused to apply bylaws that impaired a shareholder/member plaintiff’s ability to pursue...more

What’s New in Delaware: Fee-Shifting and Forum Selection Bylaws, Appraisal Rights and Rapid Confidential Arbitration

The Corporation Law Section of the Delaware State Bar Association recently approved amendments to the General Corporation Law of the State of Delaware (the “Proposed DGCL Amendments”), which would prohibit Delaware stock...more

California court Refuses To Enforce Bylaw Amendment Compelling Arbitration By the Members Of The Corporation

There have been several recent Delaware court decisions and much commentary regarding the enforceability of bylaw provisions that establish rules governing stockholder litigation, including fee-shifting provisions and forum...more

"Revised HSR Thresholds Announced"

On January 10, 2013, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino...more

Russian Legal Update - May 2012

In This Issue: - p1 Russia Finally Establishes a Central Securities Depository Increasing Transparency in the Russian Securities Market - p3 Enforcement Procedure for Pledged Property Modified - p4 Investment...more

Variable Interest Entity (VIE) Structures Face Additional Scrutiny for Hong Kong Listing

Since its first use by Sina Corporation in 2000, the VIE structure has been widely adopted by many Chinese companies to attract foreign investment and complete offshore listings. While companies operating under VIE structure...more

Corporate and Financial Weekly Digest - May 4, 2012

In this issue: - SEC Issues Additional Guidance on Emerging Growth Companies - CFTC Issues Proposed Interpretative Statement - CFTC to Hold Public Meeting to Consider a Final Rule - CME Issues Advisory...more

Shareholders Remedies in Canada 2012

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this...more

MoFo Tax Talk - Volume 4, No. 1 - April 2011

In this issue: IRS Reverses its Position on Closing a Forward with Borrowed Stock; Equity Units Exchange Offer; Repurchase Premiums and Consent Fees; Reporting Obligations for Corporate Actions Continued; Withholding on ADR...more

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

A new Washington Supreme Court case will affect companies with arbitration agreements. It's time to review your arbitration agreements. A narrowly divided Washington State Supreme Court has held that an arbitration panel...more

Corporate and Financial Weekly Digest - March 26, 2010

In this issue: *BROKER DEALER ..FINRA to Require Firms to Designate a Super Account Administrator ..CBOE and CHX Amend Rules to Prohibit Broker Discretionary Voting on Director Elections and Other Matters *CFTC ..CFTC...more

A Business Person's Perspective on Resolving Shareholder Disputes in Canada

When shareholders, officers and directors disagree about how a business should be run, its future could be at stake. For many shareholders in medium-sized and small private businesses, the their shares are their and most...more

Resolving Shareholder Disputes in Canada

This article, published in July 2009, discusses key issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors, Igor Ellyn and Orie Niedzviecki, both of Ellyn Law LLP Business...more

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