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SEC Adopts Amendments to “Accredited Investor” Definition

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) adopted final rules to amend the definition of “accredited investor” in Rule 501(a) under the Securities Act of 1933 (Securities Act) to add new categories...more

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First...more

An Update on Poison Pills, NOL Poison Pills and the COVID-19 Pandemic

Since the release of our recent article “Poison Pills, NOL Poison Pills and the COVID-19 Pandemic” in midApril, we continue to see a surge in the number of companies implementing poison pills (also referred to as shareholder...more

Efficient Breach of Contracts in the COVID-19 Era

The COVID-19 pandemic continues to cause unprecedented disruption for businesses across all regions and industries, with contractual performance significantly challenged in many instances. This has resulted, in some cases, in...more

Poison Pills, NOL Poison Pills and the COVID-19 Pandemic

The novel coronavirus (COVID-19) pandemic has caused significant volatility in stock prices, resulting in severe disparities between stock prices and many corporations’ view of the intrinsic value of their business. This has,...more

COVID-19 Relief: Understanding SBA Loan Opportunities Under the CARES Act

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law. The CARES Act is designed to distribute capital quickly and broadly to help alleviate the economic impact of COVID-19,...more

EPA Issues COVID-19 Enforcement Discretion Policy

Having been “inundated with questions from both state regulators and the regulated community about how to handle the current extraordinary situation,” the Environmental Protection Agency (EPA) recently announced a temporary...more

Employers Take Note of the CARES Act: More Paid Sick and Family Leave Legislation in Response to Coronavirus

As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (FFCRA) was approved by Congress and signed into law by the President on March 18, 2020, in an attempt to...more

SEC Extends Temporary Relief for Public Companies and Registered Investment Advisers Affected by the Coronavirus (COVID-19)

On March 25, 2020, the Securities and Exchange Commission (SEC) announced the release of new orders superseding and extending the relief periods provided in its respective previous orders relevant to publiclytraded companies...more

SEC Provides Temporary Relief for Registered Investment Advisers Affected by the Coronavirus (COVID-19)

On March 13, 2020, the Securities and Exchange Commission (SEC) announced the issuance of an order (the Order) that provides temporary relief under certain provisions of the Investment Advisers Act of 1940 (Advisers Act) for...more

Paid Sick and Family Leave Legislation in Response to Coronavirus

As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (the Act) was approved by Congress and signed into law by the President on March 18, 2020 in an attempt to...more

New York Adopts Sweeping Paid Sick Leave Law

Moving quickly to respond to the coronavirus outbreak, New York adopted sweeping legislation providing for paid and unpaid sick leave to all New York employees. ...more

SEC’s Conditional Regulatory Relief for Companies Affected by the Coronavirus (COVID-19)

On March 4, 2020, the Securities and Exchange Commission (the "SEC") announced that it is providing conditional regulatory relief and assistance for certain publicly traded companies located, or with significant operations,...more

New York Reinstates Six-Year Statute of Limitations Under Martin Act

New York Governor Andrew Cuomo signed Senate Bill S6536 into law on August 26, 2019, which immediately reinstates a six-year statute of limitations for claims brought under the Martin Act. ...more

The Akorn Case – New Development in Delaware for Termination by Material Adverse Effect

In Akorn, Inc. v. Fresenius Kabi AG, C.A., No. 2018-0300-JTL Del. Ch. October 1, 2018, the Delaware Court of Chancery determined that the buyer (Fresenius) had validly terminated a merger agreement because (i) the seller’s...more

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