The Department of Labor (DOL) has launched a major attack on investor protection and shareholder rights in the last three months. In three successive strikes against long-standing practices of ERISA fiduciaries, the DOL has created disorder and confusion. Its actions
Corporate & Commercial
Supreme Court Rules that Nonsignatory to International Arbitration Agreement Can Compel Arbitration under Domestic State Law
In a unanimous opinion, the U.S. Supreme Court recently ruled that allowing nonsignatories to an international arbitration agreement to compel arbitration through domestic equitable estoppel doctrines does not conflict with the signatory requirement of the U.N. Convention on the Recognition…
SEC Amends Whistleblower Rules
On September 23, 2020, the Securities and Exchange Commission (SEC), in a 3-2 vote, approved several significant amendments to, and interpretive guidance on, the rules governing its whistleblower program. Most controversially, the SEC adopted the position that it has discretion…
SEC Files COVID-19-Related Enforcement Action Against Biotech Company Exec
In the latest SEC enforcement action relating to alleged misrepresentations pertaining to the coronavirus outbreak, the agency has filed a securities fraud action against the President and Chief Science Officer of a biotechnology company who allegedly made false statements to…
The TTAB Affirms Refusal of Another CBD Mark on “Lawful Use” Grounds
On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY & Design for use on and in connection with dietary…
MAKE BUSINESS DIVORCE EASIER—SPELL OUT THOSE DUTIES IN YOUR OPERATING AGREEMENT
Closely held companies are like marriages but without the sex or kids to hold things together. And just like some marriages, closely held companies can fall apart. Sometimes these “business divorces” and the painful litigation they generate are inevitable. Business…
NLRB Memo Reminds Employers: COVID-19 Does Not Excuse Labor Law Violations
The COVID-19 pandemic continues to cause uncertainty for employers across the country, but, as the National Labor Relations Board reiterated on September 18, it does not excuse labor law violations.…
Private Equity Market Study, Seventh Edition
By David J. Walker, Tom D. Evans, and Catherine Campbell
Current Trends
The M&A market is constantly evolving — from the predominantly seller’s market of H2 2019, to the tumultuous times of H1 2020, dynamics are shifting. Deal…
Private Equity Market Study, Seventh Edition
By David J. Walker, Tom D. Evans, and Catherine Campbell
Current Trends
The M&A market is constantly evolving — from the predominantly seller’s market of H2 2019, to the tumultuous times of H1 2020, dynamics are shifting. Deal…
Private M&A Market Study, Seventh Edition
By Robbie McLaren and Catherine Campbell
Current Trends
The M&A market is constantly evolving — from the predominantly seller’s market of H2 2019, to the tumultuous times of H1 2020, dynamics are shifting. Deal terms vary by transaction size, industry…