News & Analysis as of

Preemption Shareholders

Mintz

Trump Administration Receives 8,755 Comments for AI Action Plan — AI: The Washington Report

Mintz on

The Trump administration’s Office of Science and Technology Policy received 8,755 comments in response to its Request for Information for the development of its AI Action Plan implementing the Trump AI Executive Order issued...more

White & Case LLP

FTSE 350 AGMs: Snapshot of how companies are responding to the new Pre-Emption Group guidelines

White & Case LLP on

The Pre-Emption Group issued new guidelines in November 2022. The guidelines have increased the threshold for which companies may disapply pre-emption rights to 20% and have added a new flexibility whereby companies may...more

Proskauer - Employee Benefits & Executive...

Sweeping Ban on Non-Compete Clauses Proposed by Federal Trade Commission

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

Morris James LLP

Chancery Finds Warrant Issuance Triggered Stockholder Preemption Rights

Morris James LLP on

L-5 Healthcare Partners, LLC v. Alphatec Holdings, Inc., C.A. No. 2019-0412-KSJM (Del. Ch. Oct. 12, 2020) - Pursuant to a share purchase agreement, a plaintiff stockholder had preemption rights that entitled the...more

Mintz - Bankruptcy & Restructuring Viewpoints

Tranquil Waters Once Again in the Safe Harbor: Bankruptcy Safe Harbor Protects Shareholders From State Constructive Fraud Claims

Shareholders who received nearly $8 billion from the Tribune Company leveraged buyout (LBO) do not have to give back that money as a constructive fraudulent transfer. Although the possibility remains that the creditors can...more

Goodwin

Financial Services Weekly News - March 2016 #4

Goodwin on

Regulatory Developments - FHA Revises Loan-Level Certification Form - On March 15, the Federal Housing Administration (FHA) announced changes to its loan-level certification form. The changes resulted from concerns...more

Allen Matkins

California Dividend Statutes Found To Preempt Common Law Claims

Allen Matkins on

Chapter 5 of the California Corporations Code imposes specific limitations on “distributions to shareholders”, a term defined in Corporations Code section 166. Directors who approve the making of any distribution to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside The Courts - March 2014 | Volume 6 | Issue 1

In This Issue: - U.S. SUPREME COURT: ..Lawson v. FMR LLC, No. 12-3 (U.S. March 4, 2014) ..Chadbourne & Parke LLP v. Troice, No. 12-79 (U.S. Feb. 26, 2014) - CLASS CERTIFICATION: ..In re BP...more

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