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News & Analysis as of

Court Of Chancery Determines Fee In A Transitory Property Case

When a derivative suit is settled in connection with a merger that cashed out minority stockholders, it makes sense to have the settlement proceeds go to those stockholders in proportion to their ownership....more

Appraisal Arbitrage: Heads I Win, Tails You Lose

Delaware state courts have seen a rise in appraisal petitions filed by shareholders dissenting from mergers, with 34 actions filed in the first half of 2016, compared to 16 in all of 2012, according to a recent Wall Street...more

China Gives Green Light to the Launch of Shenzhen-Hong Kong Stock Connect

According to the joint announcement of the China Securities Regulatory Commission ("CSRC") and the Securities and Futures Commission of Hong Kong ("SFC") dated 16 August 2016, the two regulatory authorities have approved, in...more

I-829 Delays Reach All-Time Record: Thousands of EB-5 Investors in Limbo at USCIS

On August 11, 2016, USCIS published new processing times for I-829 petitions. The news is not good for EB-5 investors. USCIS is now taking in excess of 21 months to adjudicate I-829 petitions. This means that EB-5 investors...more

Seventh Circuit Brands Disclosure-Only Settlement a “Racket” and Endorses Delaware Court of Chancery’s Stricter Standard for...

In a 2-1 decision, the Seventh Circuit has joined the Delaware Court of Chancery’s call for enhanced scrutiny of “disclosure-only” M&A settlements that involve no monetary benefits to shareholders. As previously discussed,...more

Cybersecurity, Cyber Insurance: What Fund Directors Need to Know

Cyberattacks are attempts by hackers to damage, destroy and/or steal data from a computer network or system. From 2013 to 2015, more than 153.6 million people had information stolen in cyberattacks involving companies such as...more

In Case You Missed It: Launch Links - August, 2016

Some interesting links we found across the web this week: - Department of Commerce Now Accepting Privacy Shield - Self-Certifications: A Primer for Compliance and Self-Certification We’ve mentioned many times...more

eTeam: Finding the leader to take you from idea to profit

Books are supposed to be my bailiwick here at the blog and after several posts on anything but, I figure it’s time to return to that groove. This week I want to focus on new businesses, or “startups,” if you prefer....more

Tools for Targets of Activist Investors

A recent interpretation by the staff of the U.S. Securities and Exchange Commission (“SEC”) of the beneficial ownership reporting rules under the Securities Exchange Act and the recent settlement of a lawsuit by the U.S....more

New German Fund Taxation Rules

After many years of discussions and various proposals that were later dismissed, the German legislature last month finally passed a law that substantially amends the principles of fund taxation in Germany. This Investment Tax...more

New District Court Ruling Makes It Easier for Mutual Fund Investors to Bring Securities Fraud Claims in Class Actions

For years, mutual fund shareholders have been limited in their ability to successfully allege securities fraud in class actions under the federal securities laws against mutual fund executives, directors and advisers. These...more

Blog: Quarterly VC Update: Aydin Senkut on the State of Venture Capital Investing

In conjunction with our Q2 Venture Financing Report, I sat down with Felicis Ventures’ founder and managing director Aydin Senkut to get his take on the current state of venture capital investing. A few highlights from...more

I-526 Processing Delays Expected to Continue into 2017

According to data recently supplied by USCIS, there are more than 20,000 I-526 petitions pending adjudication as of the end of March 2016. This is a massive backlog of cases. What are the implications of this backlog to...more

A Ponzi Scheme Where One Investor Directly Paid Another

In the typical Ponzi scheme unscrupulous individuals induce investors to part with their cash based on a series of misrepresentations about the proposed investment. The investor money is then in part misappropriated and in...more

Chicago Pacific Founders Closes Inaugural Fund at $325 Million

Chicago Pacific Founders has announced it has closed its debut fund. The fund was oversubscribed at its $325 million hard cap....more

ICSID Tribunal: State Imposed Tobacco Control Measures Do Not Violate Investment Treaty Obligations

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently released its decision in Philip Morris v. Uruguay, holding that tobacco control regulations implemented by a state to protect public...more

Investing in Real Estate: Where Do You Start?

Investment in real estate, whether residential or commercial, is a great vehicle for building wealth. For many people, however, the most difficult part of building a portfolio of real estate investment is knowing just where...more

Don't Make Founders' Equity Even

Sometimes I think about replacing the table in my office with a sofa and a box of tissues. I’m a lawyer, but sometimes I feel like a therapist. When startup founders sit down with me to hash out equity splits and trust and...more

Late-Stage Private Placements: A Life Sciences Sector Survey

As privately held companies choose to remain private longer and defer their initial public offerings (IPOs), these companies are increasingly reliant on raising capital in successive private placements. New categories of...more

Blog: Study Shows That Investment In Material Sustainability Issues Yields Higher Performance

With the SEC asking proactively in its concept release whether to mandate sustainability disclosure, the question of the relevance to investors of sustainability issues has assumed a new prominence. According to the SEC,...more

Challenges for Investors in Dealing with Section 13(d) Filing Requirements

A significant challenge for institutional investors, such as private equity firms, investing in public companies is managing the disclosure hurdles of Section 13(d) of the Securities Exchange Act of 1934. That section was...more

Two important Italian rulings on right to withdraw from securities transactions

Two recent rulings establish important principles relating to a retail investor’s right of withdrawal from a securities transaction. In both cases an investor was seeking nullity of a loss-making (for the investor)...more

Gatekeepers For Preventing Fraud: Educated Investors

The halting of another offering fraud on Friday by the SEC has, unfortunately, become routine. Offering frauds in which promoters take the hard earned dollars of investors and give them rosy dreams and worthless pieces of...more

Yet Another Congressional Proposed Corporate Reform: Proxy Advisory Firms in the Crosshairs.

Over the past six months, U.S. legislators have engaged in an unusual burst of energy to introduce three separate bills regulating various areas affecting U.S. public company corporate governance: - The Cybersecurity...more

Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment

In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to...more

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