Now is the season when many public companies are planning for and getting ready to finalize, print and mail a proxy statement for the annual meeting. What if, unfortunately, a company nee...
It is obvious that the risks presented by the novel coronavirus (COVID-19) transcend “business as usual” for market participants. How should Boards be approaching the risks and opport...
On January 13, 2020, the U.S. Treasury Department promulgated its final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to reform the author...
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 September 17, 2019, the Treasury Department issued highly anticipated proposed final regulations intended to implement fully the reforms in the foreign investment review process wrough...
The Business Roundtable has set out a path toward so-called stakeholder capitalism in its highly publicized Statement on the Purpose of a Corporation. There has been a great deal of media...
For the first time in over a decade, Congress has amended the statutory authority under which the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”)...
The Delaware Supreme Court, in an opinion by Chief Justice Strine, recently reversed and remanded the Chancery Court’s ruling in DFC Global Corporation v. Muirfield Value Partners, L.P....
Minority equity investments in public companies are on the rise.These are often structured as an investment in convertible preferred stock to give the investor a senior position to other ...
