Latest Publications

Share:

Maine Office of Securities Enforcement Update

The Maine Office of Securities enforces Maine’s securities laws, licenses broker-dealers, broker-dealer agents, investment advisers, and investment adviser representatives, and reviews registration statements and exemption...more

COVID-19: New Hampshire Revises Universal Guidance for All Businesses (Updated September 9, 2020)

Last Updated September 9, 2020 As New Hampshire continues its phased reopening following COVID-19 business closures, new orders and sector-specific guidance place significant obligations on businesses with respect to...more

COVID-19: Quick State by State Reference Tool Regarding Reopening in New England States (Updated December 23, 2020)

Last updated December 23, 2020 These restrictions are changing rapidly – please check back regularly for updates, or refer to state websites In response to the COVID-19 pandemic and its threat to public health from...more

COVID-19: New Hampshire Governor Issues Closure of Non-Essential Businesses and Stay-at-Home Emergency Order

On Thursday, March 26, 2020, Governor Christopher T. Sununu issued Emergency Order #17 requiring non-essential businesses to close and Granite State citizens to stay at home.  The order takes effect at 11:59 pm on March 27,...more

Short-term Hiccup or Significant Long-term Effect? Material Adverse Effect Clauses and the COVID-19 Pandemic

Parties to merger, acquisition, and financing agreements may be considering whether the COVID-19 pandemic affects their obligation to close the deal. ...more

New Hampshire Governor Issues COVID-19 Emergency Orders

Since declaring a state of emergency related to the Novel Coronavirus (COVID-19) pandemic, New Hampshire Governor Christopher Sununu has issued 10 orders pursuant to that declaration....more

Buyers And Sellers Beware: Effectively Limiting Post-Closing Litigation Exposure With Anti-Reliance Clauses In Purchase Agreements

The Delaware Court of Chancery—the nation’s leading forum for corporate and M&A disputes—recently provided a roadmap for how to limit post-closing litigation exposure by eliminating certain fraud claims....more

Alternative Duties for Alternative Entities: High Court Allows LLC and LLP Managers to Limit or Waive Fiduciary Duties

The nation’s leading forum for business and shareholder disputes recently confirmed that alternative entities such as limited liability companies (LLCs), limited partnerships (LPs) and master limited partnerships (MLPs) can...more

Supreme Court Lowers Burden in Insider Trading Prosecutions

On December 6, 2016, the U.S. Supreme Court issued its first insider trading decision in nearly two decades unanimously affirming the Ninth Circuit and holding that an insider’s “gift” of confidential information to a...more

First Circuit Affirms Tough Standard for Alleging Securities Fraud; Revives One Claim Against Local Drug Maker

On November 28, 2016, the First Circuit upheld the dismissal of all but one of the class action securities fraud claims against Cambridge, MA drug company, ARIAD Pharmaceuticals, Inc., reaffirming the exacting pleading...more

New York High Court Adopts Delaware's Deferential Business Judgment Review for Controlling Stockholder Buyouts

In re Kenneth Cole Productions, Inc. Shareholder Litigation - We previously reported on the Delaware Supreme Court’s landmark decision in Kahn v. M&F Worldwide Corp. (MFW) applying the deferential, defendant-friendly...more

OMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies and their Executives are Actionable under the Federal...

This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the...more

Amending Your Bylaws to Mitigate the Cost of Shareholder Litigation: Fee-shifting and forum selection provisions

Shareholder litigation is on the rise, increasing the cost of doing business; and companies often face litigation on multiple fronts, further increasing litigation exposure. In 2013, 94 percent of M&A deals were challenged by...more

Update: Supreme Court Upholds Basic Presumption but Gives Defendants Chance for Win at Class Certification

Earlier this spring, in our post titled, The Supreme Court Ponders the Future of the Basic Presumption in Securities Litigation, we reported on the oral arguments before the Supreme Court in Halliburton Co. v. Erica P. John...more

Update: Landmark Decision By Delaware's High Court Affirms Deferential Business Judgment Review For Controlling Stockholder...

Last summer, in our post titled Protecting Your Business Judgment: Recent Developments in Delaware Law on M&A Deals Involving Controlling Stockholders, we alerted you that two trial courts in the nation’s leading forum for...more

The Supreme Court Ponders The Future Of The Basic Presumption In Securities Litigation

The Supreme Court recently heard oral argument in Halliburton Co. v. Erika P. John Fund, Inc. in advance of what could be the most important decision affecting securities litigation in recent history. The outcome of the...more

Protecting Your Business Judgment: Recent Developments In Delaware Law On M&A Deals Involving Controlling Stockholders

This summer, the Delaware Court of Chancery twice ruled that if robust procedural protections are used, a merger involving a company with a controlling stockholder will be reviewed under the deferential business judgment rule...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide