In the first test outside of Delaware, a California court ruled that federal forum selection provisions enacted by Delaware corporations should be enforced so long as they are not unreasonable, meaning they do not alter...more
Especially in today’s economic and work environment, we find it helpful – and we therefore thought our clients would also find it helpful – to keep track of the important litigation and regulatory enforcement developments...more
6/11/2020
/ Asset Management ,
Class Action ,
Coronavirus/COVID-19 ,
Dodd-Frank ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment ,
Proxy Materials ,
Regulation Best Interest ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation
Especially in today’s economic and work environment, we find it helpful – and we therefore thought our clients would also find it helpful – to keep track of the important litigation and regulatory enforcement developments...more
5/27/2020
/ Asset Management ,
CARES Act ,
Clawbacks ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Enforcement Actions ,
Exchange-Traded Products ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Fraudulent Conveyance ,
Investment Management ,
Oil & Gas ,
Paycheck Protection Program (PPP) ,
Regulatory Oversight ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Shareholder Litigation
Key Takeaways -
Salzberg, et al. and Blue Apron Holdings, Inc., et al. v. Sciabacucchi, Case No. 346, 2019, 2020 WL 1280785 (Del. Mar. 18, 2020), is a landmark decision critically important to companies preparing...more
In a ruling of potential importance for investment advisers and directors/trustees of registered investment companies, a California appellate court affirmed a lower court ruling on January 23, 2020 in Garth Jensen, et al. v....more
2/19/2020
/ Appeals ,
Asset Tracing ,
Board of Directors ,
ETFs ,
False Statements ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Judgment on the Pleadings ,
Misleading Statements ,
Offering Statements ,
Registered Investment Companies (RICs) ,
Registration Statement ,
Retail Investors ,
Secondary Markets ,
Securities Act of 1933 ,
Securities Fraud ,
Securities Litigation ,
Standing ,
Trustees