Episode 5: Business Divorce, Delaware Style
Data Resilience Masterclass: Navigating the Risks of the Digital Age - Data Risk and Resilience is a critical topic for modern businesses, especially within industries that handle vast amounts of sensitive information. This...more
La Guía BOI de FinCEN para las Pequeñas Empresas se publicó originalmente el 18/9/23 y posteriormente se actualizó en diciembre del 2023 como la Versión 1.1. El propósito de la Guía es ayudar a la comunidad de pequeñas...more
The FinCEN BOI Small Business Guide was originally released on 9/18/23 and subsequently updated on December 2023 as Version 1.1. The purpose of the Guide is to assist the small business community in complying with the...more
Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more
A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden...more
Dive into the do’s and don’ts of data preservation, custodianship, legal hold release expectations, and more. It is the season of giving thanks, and we’d be remiss if we didn’t acknowledge the tips and tricks that...more
On September 5, the U.S. Securities and Exchange Commission (SEC) announced enforcement actions against five investment advisers for violating Rule 206(4)-2 (the Custody Rule) and Rule 204-1(a) (the ADV Reporting Rule) of the...more
Join us for a transformative webinar, "Legal Hold Made Easy: Building a Defensible Litigation Workflow," where we'll unravel the power of automated legal hold software to simplify and strengthen your litigation process. ...more
Part 1: Permitted Investments and Compliance - The self-directed individual retirement account (IRA) is an increasingly popular option for an IRA account owner, especially those owners who have significant net worth and...more
Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual...more
On 4/5/23, the FDIC released its 2023 Spring Consumer Compliance Supervisory Highlights. The purpose of the Supervisory highlights is to provide an overview of consumer compliance issues identified through the FDIC’s...more
The current regulatory requirements in Hong Kong with regards to managing funds that invest in "virtual assets" ("VA") can be summarized as follows – if an asset manager has a licence from the Hong Kong Securities and Futures...more
Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in...more
We’re ready to “spring” into new eDiscovery case law disputes! Our April 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a dispute over search terms and custodians for a...more
On February 15, 2023, the Securities and Exchange Commission (SEC) proposed new rules and amendments (Proposal) to Rule 206(4)-2 (Custody Rule) under the Investment Advisers Act of 1940 (Advisers Act)....more
On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) released a proposed rule change (the Proposed Rule) redesignating the “custody rule” (i.e., Rule 206(4)-2 of the Investment Advisers Act of 1940, as...more
In Short - The Situation: Following a string of bankruptcies among virtual currency firms, the New York Department of Financial Services has issued guidance on the practices and procedures it expects from certain...more
Tracking and maintaining a high custodian acceptance rate is imperative to the defensibility of your ediscovery process. For lean or otherwise bandwidth-strapped legal teams, chasing down custodians can quickly become...more
The Guidance clarifies the regulator’s expectations on safekeeping customer digital assets, and the disclosures that must accompany such arrangements. On January 23, 2023, the New York Department of Financial Services...more
As we first warned last summer, crypto property held in a custodian-controlled account could become the property of that custodian in the case of a bankruptcy filing. At the time, we recommended that crypto investors avoid...more
Jennifer (Bantleman) Courchaine, Vice President of Customer Experience and Thought Leadership and Vijai Viswanathan, Senior Vice President of Product & Engineering at EDRM Trusted Partner, Zapproved, sit down with Kaylee &...more
So, you finally sat down to start your estate plan but have heard so many conflicting points about wills and trusts that you don’t know where to start. If you are choosing between a trust and a will, you’re not alone. One of...more
An OFC is a collective investment scheme structured as a separate legal entity in the form of a company with variable capital established under Part IVA of the Securities and Futures Ordinance of Hong Kong (“SFO”). The OFC...more
Disputes over allegedly fraudulent conveyances have become more common in bankruptcy cases. Fraudulent transfer allegations are also common in transactions such as leveraged buy-outs and recapitalizations. Analysts are...more
In In re Forum Mobile, Inc., C.A. No. 2020-0346-JTL (Del. Ch. Feb. 3, 2022), the Delaware Chancery Court held that Section 226(a)(3) of the Delaware General Corporation Law (DGCL) does not authorize the court to appoint a...more