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MICHAEL GEHRT
Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
MINORITY OPPRESSION AND THE LLC: MANERE V. COLLINS, THE For many decades, the law of closely-held businesses was the law of closely-held corporations. For entrepreneurs and attorneys, the corporate liability shield was the key desideratum, and before the advent of limited liability companies the corporation was essentially the only game in town. Unfortunately, for many decades the liability shield came with a potentially dangerous price WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATIONSEE MORE ON BUSINESSLAWTODAY.ORG THE EVOLUTION OF MENTORSHIP IN LEGAL PROFESSIONALSEE MORE ON BUSINESSLAWTODAY.ORG DIVERSITY JURISDICTION INVOLVING AN LLC: MEMBER When a party wants to remove a case based on federal diversity jurisdiction, 28 U.S.C. § 1332 requires that: (1) the amount in controversy exceeds $75,000; and (2) the parties’ citizenship is completely diverse (i.e., no plaintiff is a citizen of any state where a defendant is a citizen). The party removing a case to federal courthas the
TECHNOLOGY VENDOR CONTRACTS AND ACCESSIBILITY: WHAT EVERY IN BRIEF. A good starting point for businesses in achieving digital accessibility is to implement basic smart practices in vendorcontracts. This
EMBEDDING EQUALITY, DIVERSITY, AND INCLUSION Embedding Equality, Diversity, and Inclusion. We have been discussing the need for businesses to make public commitments to support equality, diversity, and inclusion (EDI). These three related concepts are essential to a productive and happy workforce and a fair and just society for everyone. Equality comes from equal access to WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERSAUTHOR:MICHAEL GEHRT
Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
MINORITY OPPRESSION AND THE LLC: MANERE V. COLLINS, THE For many decades, the law of closely-held businesses was the law of closely-held corporations. For entrepreneurs and attorneys, the corporate liability shield was the key desideratum, and before the advent of limited liability companies the corporation was essentially the only game in town. Unfortunately, for many decades the liability shield came with a potentially dangerous price WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATIONSEE MORE ON BUSINESSLAWTODAY.ORG THE EVOLUTION OF MENTORSHIP IN LEGAL PROFESSIONALSEE MORE ON BUSINESSLAWTODAY.ORG DIVERSITY JURISDICTION INVOLVING AN LLC: MEMBER When a party wants to remove a case based on federal diversity jurisdiction, 28 U.S.C. § 1332 requires that: (1) the amount in controversy exceeds $75,000; and (2) the parties’ citizenship is completely diverse (i.e., no plaintiff is a citizen of any state where a defendant is a citizen). The party removing a case to federal courthas the
TECHNOLOGY VENDOR CONTRACTS AND ACCESSIBILITY: WHAT EVERY IN BRIEF. A good starting point for businesses in achieving digital accessibility is to implement basic smart practices in vendorcontracts. This
CRYPTOCURRENCY AND FEDERAL TAX ENFORCEMENT By Casey W. Baker, JD * and Ralph E. McKinney, Jr., DBA **. Two recent reports suggest that a federal crackdown on cryptocurrency tax avoidance in the United States is in process. In March 2021, Damon Rowe, Director of the IRS Office of Fraud Enforcement, and Carolyn Schenck, National Fraud Counsel & Assistant Division Counsel (International) in the IRS Office of Chief Counsel, announced a ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such THE ANTI-MONEY LAUNDERING ACT (AMLA): DEFENDING On January 1, 2021, Congress enacted the Anti-Money Laundering Act (AMLA). The AMLA establishes new whistleblower protections for employees of financial services institutions. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. THE SEC IS SHARPENING ITS FOCUS ON SPACS The SEC Is Sharpening Its Focus on SPACs. It seems everyone is getting in on the SPAC craze lately. The latest numbers from SPACInsider show that 138 SPACs went public in 2020 through the first week of October 2020, raising a record $53.7 billion. SPACs are so hot that even the Oakland A’s Billy Beane and former chief economic advisor Gary ANATOMY OF AN EARNOUT IN THE ERA OF COVID-19: BEST One of the authors reviewed the pleadings of a lawsuit in New York state court over an earnout in which none of the authors were involved.The lawsuit between two private equity firms over an $8 million earnout consumed over seven years of highly acrimonious fighting between the parties, with no doubt millions of dollars of legal fees spent by the parties. WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATION BIPA does not include a statute of limitations. Defendants have argued the one-year statute of limitations for privacy claims should apply (735 ILCS 5/13-201), while plaintiffs have argued for the five-year catchall limitations period (735 ILCS 5/13-205). CHOICE OF LAW/FORUM AND WAIVING THE RIGHT TO A JURY TRIAL William West v. Access Control Related Enterprises, LLC, Superior Court of California, County of Los Angeles, Case BC642062 (July 29, 2020).. See also West v. Access Control Related Enterprises, LLC, No. N17C-11-137 MMJ CCLD, 2019 WL 2385863 (Del. Super. Ct. June 5, 2019) (granting in part and denying in part a motion to dismiss).. 36 Cal. 4th 944, 116 P.3d 479 (2005).. West, slip op. THE TRUMP EFFECT ON THE RESOLUTION OF FUTURE INTERNATIONAL This article draws upon themes discussed during a program at the ABA Section of International Law’s Annual Conference this past spring, chaired and moderated by the author (see Farshad Ghodoosi, Kiran Nasir Gore, Mélida Hodgson, Ting-Ting Kao & M. Arsalan Suleman, Panel Presentation at ABA Section of International Law Annual Conference: The Trump Effect on the Future EMBEDDING EQUALITY, DIVERSITY, AND INCLUSION Embedding Equality, Diversity, and Inclusion. We have been discussing the need for businesses to make public commitments to support equality, diversity, and inclusion (EDI). These three related concepts are essential to a productive and happy workforce and a fair and just society for everyone. Equality comes from equal access to WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERSAUTHOR:MICHAEL GEHRT
Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
MINORITY OPPRESSION AND THE LLC: MANERE V. COLLINS, THE For many decades, the law of closely-held businesses was the law of closely-held corporations. For entrepreneurs and attorneys, the corporate liability shield was the key desideratum, and before the advent of limited liability companies the corporation was essentially the only game in town. Unfortunately, for many decades the liability shield came with a potentially dangerous price WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATIONSEE MORE ON BUSINESSLAWTODAY.ORG THE EVOLUTION OF MENTORSHIP IN LEGAL PROFESSIONALSEE MORE ON BUSINESSLAWTODAY.ORG DIVERSITY JURISDICTION INVOLVING AN LLC: MEMBER When a party wants to remove a case based on federal diversity jurisdiction, 28 U.S.C. § 1332 requires that: (1) the amount in controversy exceeds $75,000; and (2) the parties’ citizenship is completely diverse (i.e., no plaintiff is a citizen of any state where a defendant is a citizen). The party removing a case to federal courthas the
TECHNOLOGY VENDOR CONTRACTS AND ACCESSIBILITY: WHAT EVERY IN BRIEF. A good starting point for businesses in achieving digital accessibility is to implement basic smart practices in vendorcontracts. This
EMBEDDING EQUALITY, DIVERSITY, AND INCLUSION Embedding Equality, Diversity, and Inclusion. We have been discussing the need for businesses to make public commitments to support equality, diversity, and inclusion (EDI). These three related concepts are essential to a productive and happy workforce and a fair and just society for everyone. Equality comes from equal access to WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERSAUTHOR:MICHAEL GEHRT
Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
MINORITY OPPRESSION AND THE LLC: MANERE V. COLLINS, THE For many decades, the law of closely-held businesses was the law of closely-held corporations. For entrepreneurs and attorneys, the corporate liability shield was the key desideratum, and before the advent of limited liability companies the corporation was essentially the only game in town. Unfortunately, for many decades the liability shield came with a potentially dangerous price WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATIONSEE MORE ON BUSINESSLAWTODAY.ORG THE EVOLUTION OF MENTORSHIP IN LEGAL PROFESSIONALSEE MORE ON BUSINESSLAWTODAY.ORG DIVERSITY JURISDICTION INVOLVING AN LLC: MEMBER When a party wants to remove a case based on federal diversity jurisdiction, 28 U.S.C. § 1332 requires that: (1) the amount in controversy exceeds $75,000; and (2) the parties’ citizenship is completely diverse (i.e., no plaintiff is a citizen of any state where a defendant is a citizen). The party removing a case to federal courthas the
TECHNOLOGY VENDOR CONTRACTS AND ACCESSIBILITY: WHAT EVERY IN BRIEF. A good starting point for businesses in achieving digital accessibility is to implement basic smart practices in vendorcontracts. This
CRYPTOCURRENCY AND FEDERAL TAX ENFORCEMENT By Casey W. Baker, JD * and Ralph E. McKinney, Jr., DBA **. Two recent reports suggest that a federal crackdown on cryptocurrency tax avoidance in the United States is in process. In March 2021, Damon Rowe, Director of the IRS Office of Fraud Enforcement, and Carolyn Schenck, National Fraud Counsel & Assistant Division Counsel (International) in the IRS Office of Chief Counsel, announced a ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such THE ANTI-MONEY LAUNDERING ACT (AMLA): DEFENDING On January 1, 2021, Congress enacted the Anti-Money Laundering Act (AMLA). The AMLA establishes new whistleblower protections for employees of financial services institutions. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. THE SEC IS SHARPENING ITS FOCUS ON SPACS The SEC Is Sharpening Its Focus on SPACs. It seems everyone is getting in on the SPAC craze lately. The latest numbers from SPACInsider show that 138 SPACs went public in 2020 through the first week of October 2020, raising a record $53.7 billion. SPACs are so hot that even the Oakland A’s Billy Beane and former chief economic advisor Gary ANATOMY OF AN EARNOUT IN THE ERA OF COVID-19: BEST One of the authors reviewed the pleadings of a lawsuit in New York state court over an earnout in which none of the authors were involved.The lawsuit between two private equity firms over an $8 million earnout consumed over seven years of highly acrimonious fighting between the parties, with no doubt millions of dollars of legal fees spent by the parties. WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATION BIPA does not include a statute of limitations. Defendants have argued the one-year statute of limitations for privacy claims should apply (735 ILCS 5/13-201), while plaintiffs have argued for the five-year catchall limitations period (735 ILCS 5/13-205). CHOICE OF LAW/FORUM AND WAIVING THE RIGHT TO A JURY TRIAL William West v. Access Control Related Enterprises, LLC, Superior Court of California, County of Los Angeles, Case BC642062 (July 29, 2020).. See also West v. Access Control Related Enterprises, LLC, No. N17C-11-137 MMJ CCLD, 2019 WL 2385863 (Del. Super. Ct. June 5, 2019) (granting in part and denying in part a motion to dismiss).. 36 Cal. 4th 944, 116 P.3d 479 (2005).. West, slip op. THE TRUMP EFFECT ON THE RESOLUTION OF FUTURE INTERNATIONAL This article draws upon themes discussed during a program at the ABA Section of International Law’s Annual Conference this past spring, chaired and moderated by the author (see Farshad Ghodoosi, Kiran Nasir Gore, Mélida Hodgson, Ting-Ting Kao & M. Arsalan Suleman, Panel Presentation at ABA Section of International Law Annual Conference: The Trump Effect on the Future COVID-19 ECONOMIC STIMULUS PROGRAMS: DIFFERENT COUNTRIESAUTHOR: BENSTEARNS
The economic impact of COVID-19 has been almost universal, yet some economies appear to be recovering more quickly than others. Comparing some of the major components of select stimulus programs in Germany, Singapore, and the United Kingdom in response to the economic downturn may help explain the different economic recovery rates. MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. THE ANTI-MONEY LAUNDERING ACT (AMLA): DEFENDINGSEE MORE ON BUSINESSLAWTODAY.ORG WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERS Michael Gehrt, Mikaela Whitman and Pamela Woods are Partners at Pasich LLP, a national insurance recovery law firm. They can be reached atSTEARNS
The economic impact of COVID-19 has been almost universal, yet some economies appear to be recovering more quickly than others. Comparing some of the major components of select stimulus programs in Germany, Singapore, and the United Kingdom in response to the economic downturn may help explain the different economic recovery rates. MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES John F. Corrigan is a sole practitioner at John F. Corrigan Law. P.C. in Providence, Rhode Island. E. Hans Lundsten is of counsel at Adler Pollock & Sheehan P.C. in Providence, Rhode Island. THE ANTI-MONEY LAUNDERING ACT (AMLA): DEFENDINGSEE MORE ON BUSINESSLAWTODAY.ORG WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERS Michael Gehrt, Mikaela Whitman and Pamela Woods are Partners at Pasich LLP, a national insurance recovery law firm. They can be reached atpractice of law.
THE SEC IS SHARPENING ITS FOCUS ON SPACS The SEC Is Sharpening Its Focus on SPACs. It seems everyone is getting in on the SPAC craze lately. The latest numbers from SPACInsider show that 138 SPACs went public in 2020 through the first week of October 2020, raising a record $53.7 billion. SPACs are so hot that even the Oakland A’s Billy Beane and former chief economic advisor Gary WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATION BIPA does not include a statute of limitations. Defendants have argued the one-year statute of limitations for privacy claims should apply (735 ILCS 5/13-201), while plaintiffs have argued for the five-year catchall limitations period (735 ILCS 5/13-205). INDIVIDUAL CHAPTER 11 CASES UNDER NEW SUBCHAPTER V The Small Business Reorganization Act of 2019 (SBRA), effective February 19, 2020, has created timely opportunities for individuals to confirm a Chapter 11 plan. Prior to the enactment of this legislation, individuals who did not qualify for Chapter 13, generally because their debts exceeded statutory limits, were forced to use the business reorganization provisions in Chapter 11. COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
EARNED WAGE ACCESS AND THE CFPB: A PATH TOWARD REGULATORY Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. COVID-19 ECONOMIC STIMULUS PROGRAMS: DIFFERENT COUNTRIESAUTHOR: BENSTEARNS
The economic impact of COVID-19 has been almost universal, yet some economies appear to be recovering more quickly than others. Comparing some of the major components of select stimulus programs in Germany, Singapore, and the United Kingdom in response to the economic downturn may help explain the different economic recovery rates. EMBEDDING EQUALITY, DIVERSITY, AND INCLUSION Embedding Equality, Diversity, and Inclusion. We have been discussing the need for businesses to make public commitments to support equality, diversity, and inclusion (EDI). These three related concepts are essential to a productive and happy workforce and a fair and just society for everyone. Equality comes from equal access to ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERS Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. CFTC OVERHAULS ITS COMMODITY BROKER BANKRUPTCY RULESSEE MORE ON BUSINESSLAWTODAY.ORG THE EVOLUTION OF MENTORSHIP IN LEGAL PROFESSIONALSEE MORE ON BUSINESSLAWTODAY.ORG DEATH OF AN LLC MEMBER: PART II The operating agreement might provide that: Upon the death of the member (or last surviving member in a multi-member LLC), the member’s estate is admitted to membership in the LLC on the member’s date of death with both economic rights and full management authority. The time gap between the date of death and the appointmentof an executor
DIVERSITY JURISDICTION INVOLVING AN LLC: MEMBER When a party wants to remove a case based on federal diversity jurisdiction, 28 U.S.C. § 1332 requires that: (1) the amount in controversy exceeds $75,000; and (2) the parties’ citizenship is completely diverse (i.e., no plaintiff is a citizen of any state where a defendant is a citizen). The party removing a case to federal courthas the
POSSIBLE SHIFT IN DELAWARE LAW: BUYER’S SILENCE ON The law regarding sandbagging (which refers to a buyer that brings a claim for misrepresentation post-closing even though the buyer knew the representation was false before closing) in Delaware seemed clear to many practitioners. Vice Chancellor Laster stated in a 2015 oral ruling that “Delaware is what is affectionately known as a ‘sandbagging’ state.” COVID-19 ECONOMIC STIMULUS PROGRAMS: DIFFERENT COUNTRIESAUTHOR: BENSTEARNS
The economic impact of COVID-19 has been almost universal, yet some economies appear to be recovering more quickly than others. Comparing some of the major components of select stimulus programs in Germany, Singapore, and the United Kingdom in response to the economic downturn may help explain the different economic recovery rates. EMBEDDING EQUALITY, DIVERSITY, AND INCLUSION Embedding Equality, Diversity, and Inclusion. We have been discussing the need for businesses to make public commitments to support equality, diversity, and inclusion (EDI). These three related concepts are essential to a productive and happy workforce and a fair and just society for everyone. Equality comes from equal access to ABA RELEASES UPDATED WHITE PAPER REGARDING On January 19, 2021, the American Bar Association (ABA) Derivatives and Futures Law Committee’s Innovative Digital Products and Processes Subcommittee (IDPPS) Jurisdiction Working Group released an update to its comprehensive white paper addressing jurisdictional issues associated with digital products, including cryptocurrencies and other digital assets, and digital processes, such COURT REFUSES TO DISMISS CLAIMS IN RWI LAWSUIT Thus, a New York state court’s recent denial of a motion to dismiss in a case involving coverage under an RWI policy is especially notable. The case arose out of Novolex Holding’s $2.275 billion acquisition of The Waddington Group (TWG), a manufacturer of food packaging and disposable products, pursuant to an Equity PurchaseAgreement (EPA).
WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERS Business law articles from leading business lawyers. Our global network of over 50,000 professionals engage in business law cases and business law topics. CFTC OVERHAULS ITS COMMODITY BROKER BANKRUPTCY RULESSEE MORE ON BUSINESSLAWTODAY.ORG THE EVOLUTION OF MENTORSHIP IN LEGAL PROFESSIONALSEE MORE ON BUSINESSLAWTODAY.ORG DEATH OF AN LLC MEMBER: PART II The operating agreement might provide that: Upon the death of the member (or last surviving member in a multi-member LLC), the member’s estate is admitted to membership in the LLC on the member’s date of death with both economic rights and full management authority. The time gap between the date of death and the appointmentof an executor
DIVERSITY JURISDICTION INVOLVING AN LLC: MEMBER When a party wants to remove a case based on federal diversity jurisdiction, 28 U.S.C. § 1332 requires that: (1) the amount in controversy exceeds $75,000; and (2) the parties’ citizenship is completely diverse (i.e., no plaintiff is a citizen of any state where a defendant is a citizen). The party removing a case to federal courthas the
POSSIBLE SHIFT IN DELAWARE LAW: BUYER’S SILENCE ON The law regarding sandbagging (which refers to a buyer that brings a claim for misrepresentation post-closing even though the buyer knew the representation was false before closing) in Delaware seemed clear to many practitioners. Vice Chancellor Laster stated in a 2015 oral ruling that “Delaware is what is affectionately known as a ‘sandbagging’ state.” CRYPTOCURRENCY AND FEDERAL TAX ENFORCEMENT By Casey W. Baker, JD * and Ralph E. McKinney, Jr., DBA **. Two recent reports suggest that a federal crackdown on cryptocurrency tax avoidance in the United States is in process. In March 2021, Damon Rowe, Director of the IRS Office of Fraud Enforcement, and Carolyn Schenck, National Fraud Counsel & Assistant Division Counsel (International) in the IRS Office of Chief Counsel, announced a COVID-19 ECONOMIC STIMULUS PROGRAMS: DIFFERENT COUNTRIES The economic impact of COVID-19 has been almost universal, yet some economies appear to be recovering more quickly than others. Comparing some of the major components of select stimulus programs in Germany, Singapore, and the United Kingdom in response to the economic downturn may help explain the different economic recovery rates. THE ANTI-MONEY LAUNDERING ACT (AMLA): DEFENDING On January 1, 2021, Congress enacted the Anti-Money Laundering Act (AMLA). The AMLA establishes new whistleblower protections for employees of financial services institutions. CASEY W. BAKER, AUTHOR AT BUSINESS LAW TODAY FROM ABA Insights from Casey W. Baker. Business Law Today, a global network of professionals engaging and exploring business law topics. WHAT YOU SHOULD KNOW ABOUT D&O OR R&W INSURANCE IN MERGERS Michael Gehrt, Mikaela Whitman and Pamela Woods are Partners at Pasich LLP, a national insurance recovery law firm. They can be reached atof an executor
CYBER REPRESENTATIONS AND WARRANTIES IN M&A: A GROWING The American Bar Association (ABA) Mergers and Acquisitions Committee recently published its latest Private Target Mergers Deal Point Study.For the market metrics of major negotiated legal issues in U.S. private company acquisitions, this publication is widely consideredthe gold standard.
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11 Min Read Business Litigation & Dispute ResolutionMay 4, 2021
WHEN NDAS GO BAD: PROACTIVE AND TIMELY STEPS TO PROTECTING YOUR COMPANY AGAINST NDA-RELATED DISPUTESBy: Stephen Murray
Non-disclosure agreements (“NDAs”) serve a pivotal role in advancing research and development. NDAs enable parties to collaborate using information that…Read More 5 of 6
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A BITTER PILL? US, FOREIGN, AND STATE ANTITRUST ENFORCEMENT AGENCIES LAUNCH GROUP TO CHANGE PHARMACEUTICAL MERGERS By: Barbara T. Sicalides Over the past several years, the Democratic commissioners of the U.S. Federal Trade Commission (FTC) have voiced their dissatisfactionwith…
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WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATION PRIVACY ACT (BIPA) BE RETROACTIVE? By: Charles N. Insler Background Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (BIPA) establishes safeguards and procedures relating tothe retention,…
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EMBEDDING YOUR BUSINESS’ HUMAN RIGHTS COMMITMENT By: Alan S. Gutterman The UN Guiding Principles on Business and Human Rights require companies to embed their commitment to fulfill their responsibilitiesto…
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35 Min Read Mergers & AcquisitionsMay 6, 2021
MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES DUE TO ASSERTED TAX SAVINGS By: John F. Corrigan, E. Hans Lundsten 1. Introduction Sellers in merger and acquisition (M&A) deals almost always run the risk of breaching a representation or warranty…Read More
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102 Min Read Corporations, LLCs & PartnershipsApril 28, 2021
BALANCING BUYER AND SUPPLIER RESPONSIBILITIES: MODEL CONTRACT CLAUSES TO PROTECT WORKERS IN INTERNATIONAL SUPPLY CHAINS, VERSION 2.0 By: The Working Group to Draft Human Rights Protections in International Supply Contracts, ABA Business Law Section, David V. Snyder, Susan A. Maslow, Sarah Dadush Authored by the Working Group to Draft Model Contract Clauses to Protect Human Rights in International Supply Chains, American Bar…Read More
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11 Min Read Business Litigation & Dispute ResolutionMay 4, 2021
WHEN NDAS GO BAD: PROACTIVE AND TIMELY STEPS TO PROTECTING YOUR COMPANY AGAINST NDA-RELATED DISPUTESBy: Stephen Murray
Non-disclosure agreements (“NDAs”) serve a pivotal role in advancing research and development. NDAs enable parties to collaborate using information that…Read More 5 of 6
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A BITTER PILL? US, FOREIGN, AND STATE ANTITRUST ENFORCEMENT AGENCIES LAUNCH GROUP TO CHANGE PHARMACEUTICAL MERGERS By: Barbara T. Sicalides Over the past several years, the Democratic commissioners of the U.S. Federal Trade Commission (FTC) have voiced their dissatisfactionwith…
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6 Min Read Internet Law & Cyber-SecurityApril 30, 2021
WILL THE PROPOSED AMENDMENTS TO THE BIOMETRIC INFORMATION PRIVACY ACT (BIPA) BE RETROACTIVE? By: Charles N. Insler Background Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (BIPA) establishes safeguards and procedures relating tothe retention,…
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EMBEDDING YOUR BUSINESS’ HUMAN RIGHTS COMMITMENT By: Alan S. Gutterman The UN Guiding Principles on Business and Human Rights require companies to embed their commitment to fulfill their responsibilitiesto…
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35 Min Read Mergers & AcquisitionsMay 6, 2021
MISTAKES BUYERS MAKE—REDUCED INDEMNIFICATION RECOVERIES DUE TO ASSERTED TAX SAVINGS By: John F. Corrigan, E. Hans Lundsten 1. Introduction Sellers in merger and acquisition (M&A) deals almost always run the risk of breaching a representation or warranty…Read More
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102 Min Read Corporations, LLCs & PartnershipsApril 28, 2021
BALANCING BUYER AND SUPPLIER RESPONSIBILITIES: MODEL CONTRACT CLAUSES TO PROTECT WORKERS IN INTERNATIONAL SUPPLY CHAINS, VERSION 2.0 By: The Working Group to Draft Human Rights Protections in International Supply Contracts, ABA Business Law Section, David V. Snyder, Susan A. Maslow, Sarah Dadush Authored by the Working Group to Draft Model Contract Clauses to Protect Human Rights in International Supply Chains, American Bar…Read More
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11 Min Read Business Litigation & Dispute ResolutionMay 4, 2021
WHEN NDAS GO BAD: PROACTIVE AND TIMELY STEPS TO PROTECTING YOUR COMPANY AGAINST NDA-RELATED DISPUTESBy: Stephen Murray
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A BITTER PILL? US, FOREIGN, AND STATE ANTITRUST ENFORCEMENT AGENCIES LAUNCH GROUP TO CHANGE PHARMACEUTICAL MERGERS By: Barbara T. Sicalides Over the past several years, the Democratic commissioners of the U.S. Federal Trade Commission (FTC) have voiced their dissatisfactionwith…
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MONTH-IN-BRIEF
READ THIS MONTH’S BRIEFING FOR YOUR AREA OF PRACTICE.Read More
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BANKRUPTCY & FINANCE__
BUSINESS LITIGATION & DISPUTE RESOLUTION__
BUSINESS REGULATION & REGULATED INDUSTRIES__
CORPORATIONS, LLCS & PARTNERSHIPS__
INTERNET LAW & CYBER-SECURITY__
LEGAL OPINIONS & ETHICS__
MERGERS & ACQUISITIONS__
SECURITIES LAW
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LATEST ARTICLES & VIDEOS RECENT DEVELOPMENTS IN BUSINESS AND CORPORATE LITIGATION 23 Min Read Recent Developments in Business and Corporate LitigationMay 25, 2021
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By: Business and Corporate Litigation Committee, Business Law Section, American Bar Association Editor Stanley S. Jutkowitz Seyfarth Shaw LLP 975 F Street, N.W. Washington, D.C. 20004 (202) 828-3568 phone sjutkowitz@seyfarth.com Contributors Jeremy Schachter Seyfarth Shaw LLP 620 8th Avenue 32nd Floor New York, NY 10018 (212) 218-5292 phone jschacter@seyfarth.com Avrohom Colev Posen Seyfarth Shaw LLP 620 8th Avenue 32nd Floor New York, NY 10018 (212) 218-4649 aposen@seyfarth.com... Read more »SECURITIES LAW
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A LITIGATOR'S THOUGHTS ON PROTECTING FINANCIAL INSTITUTIONS FROMENFORCEMENT ACTIONS
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D&O OFFICER LIABILITY INSURANCE By: Business and Corporate Litigation Committee, Business Law Section, American Bar Association | April 28, 2021 170 Min Read Recent Developments in Business and Corporate LitigationApril 27, 2021
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By: Business and Corporate Litigation Committee, Business Law Section, American Bar Association Editor Stanley S. Jutkowitz Seyfarth Shaw LLP 975 F Street, N.W. Washington, D.C. 20004 (202) 828-3568 phone sjutkowitz@seyfarth.com Contributors Jeremy Schachter Seyfarth Shaw LLP 620 8th Avenue 32nd Floor New York, NY 10018 (212) 218-5292 phone jschacter@seyfarth.com Avrohom Colev Posen Seyfarth Shaw LLP 620 8th Avenue 32nd Floor New York, NY 10018 (212) 218-4649 aposen@seyfarth.com... Read more »SECURITIES LAW
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D&O OFFICER LIABILITY INSURANCE By: Business and Corporate Litigation Committee, Business Law Section, American Bar Association | April 28, 2021 170 Min Read Recent Developments in Business and Corporate LitigationApril 27, 2021
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WHEN ARTIFICIAL INTELLIGENCE (AI) BECAME A TE... By: Randolph A. Kahn, Annette Weller-Collison, Brandon Jeppsen, Terri Scovill | May 21, 2021 43 Min Read Mergers & AcquisitionsMay 20, 2021
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