Today, the Fifth Circuit Court of Appeals issued an administrative stay of the SEC's recent climate disclosure rule, which was issued last Wednesday, March 6, 2024. The unpublished order by a three judge panel (Jones,...more
On February 23, 2024, the Delaware Court of Chancery issued a decision in a class action lawsuit (West Palm Beach Firefighters’ Pension v. Moelis & Co.) that concluded most of the control provisions in a stockholder agreement...more
The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more
On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more
This article analyzes PWM Property Management LLC's bankruptcy filing in the U.S. Bankruptcy Court for the District of Delaware to explain the impact of the use of corporate governance blocking provisions. The filing also...more
I. Introduction - The economic upheaval caused by the outbreak of COVID-19 was unprecedented in the United States and abroad. Employees were furloughed, businesses were mothballed or shut down altogether....more
Courts disagree over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state law. There...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. ...more
Key Points - The proposed power would allow the UK Government to block initial equity listings and admissions on UK public markets on the grounds of national security. The listing of debt securities (other than...more
The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more
In Skye Mineral Investors LLC v. DXS Capital (U.S.) Limited, et al., the Delaware Court of Chancery (the “Court”) denied defendants’ motion to dismiss, finding that plaintiffs had sufficiently pled a breach by the members...more
As the National Labor Relations Board moves toward resuming manual elections during the COVID-19 pandemic, the Board’s Final Election Protection Rule will take effect on July 31, 2020. The Board’s Notice of Proposed...more
On June 2, 2020 the Federation Council of Russia, the upper house of Russian Parliament, approved a bill proposing amendments to the Law on Information, Information Security and Information Technologies. The bill allows the...more
In a recent bench ruling, the Delaware bankruptcy court denied a motion to dismiss a chapter 11 bankruptcy filing, notwithstanding the fact that the filing contravened an express bankruptcy-filing blocking right, or “golden...more
The First Circuit recently denied a corporation’s numerous arguments seeking to vacate an arbitration award in favor of the individual who sold an entity to the corporation. The court’s decision reflected the narrow review of...more
The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election...more
The National Labor Relations Board (the "NLRB" or "Board") issued a Notice of Proposed Rulemaking on Monday, August 12, 2019, which proposes amendments to certain interpretations of the National Labor Relations Act (the...more
The First Amendment continues to evolve to ensure speakers remain protected. This was recently substantiated by the Second Circuit U.S. Court of Appeals ruling in Knight First Amendment Institute at Columbia University,...more
In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more
On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more
.CLUB Domains, the Registry operating the .CLUB new generic Top Level Domain (gTLD), has recently launched a new service that enables qualified trade mark holders to block .CLUB domain name registrations containing their...more
Trump Eyes Action to Limit States' Powers to Block Pipelines - "The Trump administration is considering taking steps to limit the ability of states to block interstate gas pipelines and other energy projects, according to...more
Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending...more
In February, we sent a client alert concerning “golden shares” and informed you that the United States Fifth Circuit Court of Appeals had accepted an extraordinary appeal of the question whether a “golden share” provision in...more
The Bankruptcy Court in the Southern District of Mississippi (the “Court”), in In re Franchise Services of North America, Inc., Case No. 1702316EE (Bankr. S.D. Miss. Dec. 18, 2017), upheld the blocking power held by a...more