Since the 2016 Second Circuit decision in Madden v. Midland Funding, LLC,[1] banks and their non-bank lending partners have faced legal uncertainty about their ability to assign or transf...

In October, President Trump signed two significant executive orders regarding fairness and transparency in federal agency guidance and enforcement. This visual memorandum provides an over...

The U.S. Chamber of Commerce released this month a set of ESG voluntary reporting best practices.  By releasing its best practice guide, the Chamber makes clear that it believes further r...

On November 6, 2019, the FTC unanimously found that a consummated 2017 merger of prosthetics manufacturers violated United States antitrust law, ordering the purchaser to divest completel...

The SEC’s Enforcement Division (the “Division”) released its annual report on November 6. The Division filed 7% more standalone cases in 2019 than it did in 2018, and financial sanc...

Two recent Delaware decisions have made clear that courts will not give business judgment rule deference where boards of directors allegedly failed to implement or monitor oversight syste...

On November 5, 2019, at an open meeting the SEC voted (3 to 2) to propose amendments to the proxy rules. The proposed amendments relate to regulating proxy advisory firms. The SEC also vo...

A set of sweeping environmental laws adopted by New York City in May promises to have a significant impact on building owners, lessees, developers and investors. The Climate Mobilization ...

On November 4, the SEC proposed amendments to modernize the advertising and cash solicitation rules applicable to investment advisers under the Investment Advisers Act of 1940, which have...

At an open meeting yesterday, the Securities and Exchange Commission proposed substantial amendments to the shareholder proposal rules. One proposed change is a stricter, tiered approach ...