Solicitation Provisions

News & Analysis as of

Should Proxy Contests Be Fair?

The current surge in stockholder activism raises the interesting question whether proxy contests should be conducted fairly. Should the protagonists only tell the truth in soliciting votes or may they act like some...more

Keeping Marblegate in Perspective: Implications for Debt Restructurings, Indenture Amendments and New Bond Issues

Involuntary debt restructurings that have the effect of impairing a bondholder’s right to receive payment may violate the Trust Indenture Act. This was recently held in the Marblegate/Education Management Corp. bondholder...more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

Myth No. 10: Solicitations are mostly boilerplate and we don’t have to read them closely

Webster’s Dictionary defines “boilerplate” as “the detailed standard wording of a contract.” In the world of Government contracting, “boilerplate” usually refers to those standard provisions that are plucked from the Federal...more

NLRB Expands NLRA Protections: Rejects Solicitation of Grievance Defense

On July 2, 2013, the National Labor Relations Board (NLRB) decided a case, Albertson’s LLC, 359 NLRB No. 147, implicating two elements of the National Labor Relations Act. ...more

New Ethics Law Could Affect Companies Doing Business with Florida State Agencies and Local Governments

The Florida Legislature recently passed Senate Bill 2, a wide-ranging ethics law that could affect companies that do business with state agencies and local governments in Florida....more

Use Of Additional Soliciting Materials Remains Constant In 2013

Since the advent of a mandatory but advisory say-on-pay vote required by the Dodd-Frank Act, issuers have used additional soliciting materials in connection with the say-on-pay vote. Often the filings are made in connection...more

The Parameters of "Solicitation" in an Era of Non-Solicitation Covenants

Originally published in the ABA Journal of Labor & Employment Law - Volume 28, Number 1, Fall 2012. I. Introduction - "I didn't solicit them; they approached me." That is a common defense invoked by someone accused...more

Setting Standards by Supporting State Statutes: NAPIA LEGISLATIVE BLOG

It is now legislative season throughout the country and this means that NAPIA is busy on many fronts in numerous states dealing with legislative and regulatory issues to protect the Public Insurance Adjusting profession....more

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