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Fenwick & West LLP

Securities Law Update - February 2025

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Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more

Goodwin

SEC Outlook: Potential Updates Under Nominated Chairman Atkins

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The SEC currently has several notable rule proposals that have received public comment but have not yet been finalized. The potential direction of these proposals is likely to be influenced by the leadership of the new SEC...more

Cooley LLP

Delaware Supreme Court Reverses Chancery Court, Holds Business Judgment Review Applicable to Tripadvisor’s Decision to...

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Delaware corporations contemplating conversion to another state should take note of the Delaware Supreme Court’s recent decision in Maffei, et al. v. Palkon, et al., in which the court ruled that Tripadvisor’s decision to...more

Latham & Watkins LLP

The Tides Are Changing For Fair Access Banking Laws

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Fair access banking laws, at the epicenter of the debates between ESG and so-called antiwoke regulation and federal/state preemption, may see a resurgence under the new presidential administration. In recent years, the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Mariner makes a deal by

Mariner announced the acquisition of Cardinal Investment Advisors. Mariner’s advisory assets will grow to $550 billion in the first quarter of 2025....more

A&O Shearman

2024 year in review: A&O Shearman Corporate/M&A practice

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As we reflect on 2024, our Polish Corporate/M&A practice has once again proven its dedication to delivering exceptional legal services and strategic guidance to our clients. This year has been marked by a series of...more

Thomas Fox - Compliance Evangelist

All Things Investigations: CFIUS - Balancing Security, Investment and Innovation with Sean Reilly

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by Sean Reilly to explore the Nippon Steel/US Steel...more

A&O Shearman

Luxembourg adapts its RCS and RBE legislations after CJEU ruling

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The Luxembourg Parliament recently enacted a law reforming the Trade and Companies Register (RCS) and the Register of Beneficial Owners (RBE) laws. This reform is a direct response to the decision of the Court of Justice of...more

A&O Shearman

Luxembourg transposes the EU Mobility Directive - A new framework for Cross- Border Operations within the EEA

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The EU Mobility Directive establishes a new legal framework for cross- border conversions and divisions, harmonising the existing rules for cross-border mergers (the Cross-Border Operations). It aims to enhance company...more

Orrick, Herrington & Sutcliffe LLP

Cyber and Data Security: Personal Liability for C-suite Executives

Cyber security and data protection issues continue to occupy an important place within corporate governance. At the same time, there is an increasing trend towards individual culpability for senior managers and C-suite...more

Goodwin

DOJ Takes Aim at Private Sector DEI and DEIA Policies

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The Department of Justice (“DOJ”) has sent a strong message to corporate America by signaling that it intends to use the force of criminal investigations to eliminate certain practices in the private sector. ...more

BakerHostetler

FinCEN Appeals Nationwide CTA Order, Signals 30-Day Reporting Extension

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On Feb. 5, the U.S. government filed (i) a notice of appeal of the order issued Jan. 7 by a U.S. District Court in Texas in Smith v. U.S. Department of Treasury, No. 6:24-cv-336-JDK (E.D. Tex. Jan. 7, 2025), which had issued...more

McDermott Will & Emery

New HSR Rules Go Live: Your Playbook for Effective M&A

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Starting today, February 10, 2025, all merger filings will be subject to new Hart-Scott-Rodino (HSR) rules. The new HSR rules will fundamentally alter the premerger notification process, and substantially increase the...more

Patton Sullivan Brodehl LLP

LLC Lacks Standing to Appeal Judgment Against its “Alter Ego” Owner

Many prior posts have addressed the “alter ego” doctrine, under which a business entity’s owner can be held personally liable for the entity’s debts. This is also known as “piercing the corporate veil.”...more

Ankura

Artificial Intelligence: DOJ Update to the Evaluation of Corporate Compliance Programs

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On Sept. 23, the U.S. Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP)1 guidance document for prosecutors to consider the impact of emerging artificial intelligence (AI) technology on...more

Dechert LLP

Impact of German Court's Disclosure Obligations Ruling on Corporate and Financing Transactions

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The German Federal Court of Justice (BGH) clarified in a ruling on September 15, 2023 (V ZR 77/22) that sellers may not rely only on the information they put in a data room when fulfilling their disclosure obligations towards...more

King & Spalding

Delaware Chancery Court Rules that Creditor Aided and Abetted a Breach of the Fiduciary Duty of Loyalty

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On November 15, 2024, the Delaware Chancery Court ruled that a creditor aided and abetted a breach of fiduciary duty. The lawsuit came after Versa Capital Management LLC bought debt owed by BridgeStreet Worldwide, Inc., with...more

Mitratech Holdings, Inc

BCP & IT/DR: Why Your Business Continuity Strategy Needs Both

Balancing Business Continuity and IT Disaster Recovery is crucial for robust organizational resilience. So, how does your organization integrate both strategies for maximum impact?...more

Neal, Gerber & Eisenberg LLP

DOJ Seeks to Reinstate Corporate Transparency Act

On February 5, 2025, the Department of Justice (DOJ) filed a notice of appeal and motion for stay of the injunction against enforcement of the Corporate Transparency Act (CTA) issued by the Eastern District of Texas in Smith...more

Pierce Atwood LLP

It Lives: Trump Administration Defends Corporate Transparency Act; May Modify its Application

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On February 5, 2025, the Trump administration added a new chapter to the saga that has been implementation of the Corporate Transparency Act (CTA), filing a notice of appeal and motion for stay against an Eastern District of...more

Walkers

A comprehensive guide to the BMA's proposed new Operational Resilience and Outsourcing Code

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In response to the increasing interconnectedness of financial service providers across global networks, the BMA is proposing to implement a new Operational Resilience and Outsourcing Code for regulated entities across all...more

Flaster Greenberg PC

Corporate Transparency Act Updates

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(2/6/25) Update as of February 5, 2025: The government appealed the nationwide injunction blocking CTA enforcement in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.). FinCEN updated its...more

King & Spalding

All Wrapped Up: Extended Producer Responsibility for Packaging, 2024 Year-End Newsletter

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All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a subscription-based resource for King & Spalding clients who sell or distribute just...more

Thomas Fox - Compliance Evangelist

The Case-Book of Sherlock Holmes: Leadership Lessons from ‘The Adventure of the Retired Colourman’

In this new season of Adventures in Compliance, host Tom Fox delves into Arthur Conan Doyle’s Sherlock Holmes collection, The Case-Book of Sherlock Holmes. It is the final set of twelve Sherlock Holmes short stories, first...more

Allen Matkins

Can DExit Be Ended By Amputating The Chancellor’s Foot?

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During over four decades of legal practice, any questioning the quality and predictability of the Delaware Court of Chancery was nothing short of heretical.  That changed with one famous post by Elon Musk ("Never incorporate...more

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