Stinson Leonard Street

44 Senators Ask SEC to Require Disclosure of Political Contributions

In this letter 44 senators called on SEC Chair Mary Jo White to act on a rulemaking petition that would require companies to disclose their political spending. The letter was referring to Petition for Rulemaking, File No. 4-637,…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

Unvacated: 11th Circuit Finds Repeat Arbitrator Not Biased

The Eleventh Circuit has a lesson for future litigants: the presence of a repeat player is not enough to show the evident partiality needed to vacate an arbitration award under the Federal Arbitration Act. In Johnson v…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Federal Government Can Revoke Acceptance Years Later and Demand Replacement of Work

Many contractors mistakenly think that once the government accepts work and pays for it, that the work is, well, "accepted." Some also believe that the one-year warranty provided in the Federal Acquisition Regulation (FAR) means…more
| Construction Law, Government Contracting

States File First Brief in Regulation A+ Challenge

Montana and Massachusetts have filed their first brief in their Regulation A+ challenge. They are not happy because Tier 2 offerings under Regulation A+ preempt state review of the offering. Under the text of the rule Tier 2…more
| Commercial Law & Contracts, Conflict of Laws, Securities Law

Court Examines Disclosure Duties in Consent Solicitaion Removing Directors

In Kerbawy v. McDonnell, the Delaware Court of Chancery affirmed the validity of a solicitation of written consents that removed certain directors and appointed new directors. A key theme of the opinion is that stockholders are…more
| Commercial Law & Contracts, Securities Law

FinCEN Proposes Extending Anti-Money Laundering Compliance Requirements to Investment Advisers

On Tuesday, the United States Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a rule that would require SEC-registered investment advisers, including private equity and hedge funds, to comply with…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Construction Alert: Minnesota Supreme Court Decides Best Value Bid Protest

The Minnesota Supreme Court decided Rochester City Lines, Co. v. City of Rochester last week, applying the "unreasonable, arbitrary, or capricious" standard to the best value bidding of public contracts, describing how that…more
| Construction Law, Government Contracting

EPA Launches Proposed Measures to Cut Methane and VOC Emissions from Oil & Gas Industry: Agency Clarifies Permitting Requirements and Issues 60-Day Comment Period

Draft New Source Performance Standards to Reduce Methane and VOC Emissions - The oil and gas sector is the Environmental Protection Agency's (EPA) latest target regarding the reduction of GHG emissions. The White House and…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Tenth Circuit Confirms That a Single Payment on New Purchase Contract May Satisfy Ordinary Course Defense Under 11 U.S.C. § 547(c)(2)

In Jubber v. SMC Electrical Products, Inc. et al. (In re C.W. Mining Co.), Case No. 13-4175 (Aug. 10, 2015), the Tenth Circuit Court of Appeals confirmed that a single payment made by a debtor within the 90-day preference period…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

To (b)(1) or not to (b)(1): What to Call your Rule 12 Arbitration Motion

Let’s say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion to…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Conflict Minerals Rule Still Unconstitutional After Rehearing

The United States Court of Appeals for the District of Columbia issued its decision on the conflict minerals rule after a rehearing. In National Association of Manufacturers, et al, v. SEC, the Court adhered to its original…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

Court Reviews Validity of Escrow Claims

Gore, et al., v. Al Jazeera America Holdings I, Inc. emphasizes not only the necessity to carefully draft indemnification claim provisions in merger agreements but the need to carefully draft indemnification claims as well. Here…more
| Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

SDNY Enjoins SEC Administrative Proceeding

In Duka v. SEC, the District Court for the Southern District of New York entered a preliminary injunction to enjoin an SEC administrative proceeding because the proceeding is “likely unconstitutional.” The court gave the same…more
| Administrative Law, Commercial Law & Contracts, Constitutional Law, Securities Law

Update on Proxy Puts

Strike suits against public companies for “dead hand proxy put” provisions in credit agreements have recently attracted a lot of attention. A “dead hand proxy put” provides for the acceleration of amounts outstanding under a…more
| Commercial Law & Contracts, Securities Law

EPA Issues a Draft Methane Challenge Reduction Program for the Oil and Gas Sector

Comments on Program Due September 1 - The Environmental Protection Agency (EPA) has proposed a voluntary Natural Gas STAR Methane Challenge Program, through which oil and natural gas companies can make and track commitments…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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150 South Fifth Street Suite 2300
Minneapolis, MN 55402, United States

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