The Third Circuit ruled that the obligations are prepetition “contingent and unliquidated” claims that can be discharged in a bankruptcy.
In the chapter 11 bankruptcy of Mallinckrodt plc and certain subsidiaries (In re...more
Second Circuit upholds SDNY’s finding that under Reves syndicated loans are not securities under federal law.
Introduction -
On August 24, 2023, the US Court of Appeals for the Second Circuit issued its highly...more
8/29/2023
/ Appeals ,
Blue Sky Laws ,
Commercial Bankruptcy ,
Credit Facilities ,
Debt Instruments ,
Institutional Investors ,
Lenders ,
Loans ,
Market Participants ,
Recapitalization ,
Refinancing ,
Securities ,
Syndicated Loans
The unanimous opinion requires shareholder plaintiffs to plead and prove that they purchased shares traceable to an allegedly false or misleading registration statement.
On June 1, 2023, the US Supreme Court issued its...more
6/7/2023
/ Class Action ,
Direct Listing ,
Initial Public Offering (IPO) ,
Judicial Interpretation ,
Misleading Statements ,
Registration Statement ,
SCOTUS ,
Section 11 ,
Securities Act of 1933 ,
Shareholder Litigation ,
Slack Technologies Inc v Pirani ,
Split of Authority
On April 28, 2022, the California Court of Appeal issued a much-anticipated decision in Wong v. Restoration Robotics, Case No. A161489, enforcing a forum selection clause contained in a corporate charter provision that...more
A Supreme Court decision could resolve significant inconsistency among trial courts as to the applicability of the PSLRA discovery stay.
Key Points:
..While federal district courts have consistently applied the...more
With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more
2/17/2021
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Biden Administration ,
Broadband ,
CFIUS ,
Climate Change ,
Commodities ,
Congressional Oversight ,
Cybersecurity ,
Data Privacy ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
FCC ,
Health Care Providers ,
Investigations ,
Legislative Agendas ,
Life Sciences ,
Net Neutrality ,
Regulatory Agenda ,
Sanctions ,
Securities Regulation ,
White Collar Crimes
Rigsby places discretion in the hands of district courts as to whether and how to sanction relators who violate the seal requirement in False Claims Act cases.
On December 6, 2016, only a month after oral argument, the...more
Salman reaffirms Dirks and holds that a “gift” of inside information to a trading relative or friend continues to meet the personal-benefit requirement.
The Salman Prosecution -
In 2011, Bassam Yacoub Salman was...more
Third Circuit has previously ruled that non-cash payments to settle patent litigation may violate antitrust laws.
On November 7, 2016, the Supreme Court of the United States declined to hear the petition of...more