Seward & Kissel LLP

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One Battery Park Plaza
New York, NY 10004, United States
Phone: (212) 574-1200
Fax: (212) 480-8421
Areas Of Practice
  • Bankruptcy
  • Environmental Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • D.C.
  • New York
Number of Attorneys
100+ Attorneys

SEC Withdraws 14 Proposed Rules Impacting Investment Advisers, Investment Companies and Broker-Dealers

June 18, 2025 On June 12, 2025, various divisions within the Securities and Exchange Commission (“SEC”) formally withdrew a number of pending proposed rules which would have affected investment advisers, investment companies,…more
 /  Administrative Law, Finance & Banking, Securities Law

Always Sunny, No Silver Lining, and Err Supply

Sunnova files for bankruptcy on residential solar woes | Reuters - On Sunday, June 12, the residential solar panel installer announced that it had filed for Chapter 11 bankruptcy, making it the second company of its kind to…more
 /  Bankruptcy, Business Organizations, Civil Procedure, Energy & Utilities, Transportation

Extension of Form PF Amendments Compliance Date

On June 11th, 2025, the Securities and Exchange Commission (the “SEC”), together with the U.S. Commodity Futures Trading Commission (the “CFTC”) further extended the compliance date for the amendments to Form PF (the “Form PF…more
 /  Administrative Law, Finance & Banking, Securities Law

The SEC Seeks Public Comment on its Definition of Foreign Private Issuer

On June 4, 2025, the US Securities and Exchange Commission (the “SEC”) published a Concept Release on Foreign Private Issuer Eligibility (the “Release”) seeking comment on the eligibility criteria for companies to qualify as a…more
 /  Administrative Law, International Law & Trade, Securities Law

U.S. Supreme Court rejects heightened “background circumstances” burden for Title VII plaintiffs in majority groups

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose a heightened evidentiary standard on majority-group plaintiffs alleging…more
 /  Civil Rights, Labor & Employment Law

401(k) Plan Investments in Digital Assets

The Department of Labor (“DOL”) recently issued Compliance Assistance Release No. 2025-01 (the “Release”), reversing previous guidance that cautioned plan fiduciaries offering investments in digital assets in…more
 /  Administrative Law, Finance & Banking, Securities Law

Should you call 911 about Section 899?

On May 22, 2025, the House of Representatives passed by a one-vote margin the “One Big Beautiful Bill Act” (the “House Bill”), which has now moved to the Senate for consideration. This Memorandum discusses the House Bill’s…more
 /  Business Organizations, International Law & Trade, Taxation

What We Have Here Is a Success to Communicate: SEC Releases FAQs for BDs and Transfer Agents Relating to Crypto Asset Activities and Distributed Ledger Technology

On May 15, 2025, the staff of the Division of Trading and Markets (the “Staff”) of the Securities and Exchange Commission (“Commission”) released responses to frequently asked questions (“FAQs”) relating to crypto assets and…more
 /  Finance & Banking, Science, Computers, & Technology, Securities Law

Employment Litigation Roundup: May 2025

Fifth Circuit holds six-month delay in ADA accommodation request was unreasonable - The Fifth Circuit Court of Appeals in Strife v. Aldine Independent School District partially reversed the lower court’s dismissal of an…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Interval Fund and Tender Offer Fund Opportunities

Interval funds and tender offer funds – closed-end funds registered under the Investment Company Act of 1940 (1940 Act) – are gaining appeal among alternative and private fund managers seeking to access the retail and retirement…more
 /  Finance & Banking, Securities Law

Proposed Tax on Certain Outbound Remittances

In just under two weeks, the House of Representatives introduced, modified and passed the One Big, Beautiful Bill of 2025 (the “House Tax Bill”). This Memorandum addresses a new proposed tax on certain persons sending money…more
 /  Finance & Banking, International Law & Trade, Taxation

Exacting Revenge, Best and Final, and Out At Home?

Implant maker Exactech may conclude bankruptcy without TPG settlement | Reuters - Medical implant maker Exactech adjourned its Chapter 11 plan confirmation hearing on Wednesday, delaying proceedings that would have protected…more
 /  Bankruptcy, Business Organizations, Mergers & Acquisitions, Products Liability

Recent Amendments to the Delaware General Corporation Law

Delaware has recently enacted two sets of amendments to the Delaware General Corporation Law (“DGCL”). One from 2024 is Senate Bill 313, which made explicit the right of a corporation to grant governance rights to a shareholder…more
 /  Business Organizations, Commercial Law & Contracts

Shortening the Capital Raising Process

We have recently witnessed a noticeable lengthening of the time needed to close on an institutional investor’s fund allocation. Anecdotally, the typical time frame to close on an institutional investor allocation appears to have…more
 /  Commercial Law & Contracts, Finance & Banking, Securities Law

DOJ’s White Collar Enforcement Priorities: What’s In, What’s Out

On May 12, the Criminal Division of the U.S. Department of Justice (DOJ) issued a series of changes in its white collar enforcement priorities. These changes were announced in the Criminal Division Enforcement Plan, the Criminal…more
 /  Criminal Law, International Law & Trade, Labor & Employment Law, Securities Law
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