resources
Alerts and Publications
SEC Adopts New Rules on Share Repurchase Disclosure
May 11, 2023Priming Transactions Update: New Serta Developments
April 5, 2023Goodbye Ruby Tuesday: Sixth Circuit Upholds a Lender’s Right to Veto Ruby Tuesday’s Attempted Property Sale
April 4, 2023Will the Supreme Court’s Harvard/UNC Affirmative Action Decisions Imperil Corporate Diversity Programs?
March 6, 2023Officer Oversight Liability: Insights from the McDonald’s Decision
February 9, 20232022 Momentum Year in Review
January 25, 2023NFT: A Token of Corporate Affection
January 25, 2023What Companies – And Not Just Financial Institutions – Need to Know about the New Anti-Money Laundering Whistleblower Program
January 18, 2023Reminder: New Disclosure Obligations for Lenders Go Into Effect in California on December 9, 2022
December 9, 2022No EBITDA? No Problem. Understanding Recurring Revenue Financing
December 6, 2022SEC Adopts Final Clawback Rule
November 1, 2022Priming Transactions Update: Boardriders
October 25, 2022SOS! DAO in Distress!
October 13, 2022NFTs and Secured Transactions
September 14, 2022SEC Adopts Final Pay-for-Performance Disclosure Rule
September 6, 2022The Taxonomy of NFTs
August 31, 2022The ABCs of NFTs
August 17, 2022Changes to U.S. Taxation of Carried Interest Dropped from Proposed Inflation Reduction Act of 2022
August 8, 2022Priming Transactions Update: TPC Group Inc.
July 13, 2022DAOs: Looking for Limited Liability & Legal Personality
July 11, 2022China Law & Policy (Spring 2022) — Impact of China’s 2021 New Negative Lists on Overseas Listing
January 20, 2022Through the Looking Glass: What Does 2022 Hold for Direct Listings?
January 19, 2022Momentum Year in Review
January 10, 20222021 Private Credit Overview and Middle Market Update: Pandemic Priming Shifts Debt to Defence
October 12, 2021The Cramdown Podcast: Lessons Learned from Recent Restructurings by a Non-Restructuring Professional
August 3, 2021SEC Raises “Qualified Client” Net Worth Threshold
June 21, 2021ESG Investing: Marketing, Implementation, and Compliance
April 23, 2021Overview of New Securities Act Rule 152 on Integration
February 21, 2021New “Test-the-Waters” Securities Act Rule 241 Available for All Transactionally Exempt Offerings
February 15, 2021New Verification Method To Determine “Accredited” Status in Securities Act Rule 506(c) Offerings
February 9, 2021No Walls in 2021? SEC Reopens the Door for Companies to Raise Capital through Direct Listings on the NYSE
December 29, 2020NHTSA Revisits Previous Guidance on FMVSS Test Procedures, Opening Path for Innovative Vehicle Designs for Automated Vehicles; Invites Public Comment
December 22, 2020Priming Transactions Update: Don’t Sleep on Serta
December 10, 2020The Cramdown Podcast: Lender On Lender Priming
December 3, 2020ISS Releases Benchmark Policy Updates for 2021
November 23, 2020NHTSA Seeks Public Comment On Wide Range of Automated Driving Safety Topics, in Significant Departure From Previous Rulemaking Efforts
November 20, 2020Bloomberg Law: Avoiding Human Bias in Artificial Intelligence
November 20, 2020Going-Private Transactions of Listed Subsidiaries are Driving M&A Activity in Japan
November 16, 2020New Strings Attached? SBA Requires PPP Recipients to Re-Prove Need for $2 Million+ Loans
November 4, 2020New Regulations Clarify the Application of U.S. Withholding Regime to Secondary Transfers of Partnership Interests by Non-U.S. Partners
October 20, 2020Predatory Priming: How Can Investors Protect Their Priority?
September 9, 2020SEC Amends “Accredited Investor” and “Qualified Institutional Buyer” Definitions under the Securities Act
September 8, 2020California Law Mandating Representation of “Underrepresented Communities” on Public Company Boards Passes California’s State Legislature
September 3, 2020Wall Stays Up a Bit Longer: The SEC Stays Its Approval of the NYSE’s Primary Direct Listing Rules
September 2, 2020SEC Adopts Changes to Modernize Certain Disclosures Under Regulation S-K
September 2, 2020Another Brick Out of the Wall: NYSE and the SEC Open the Door for Companies to Raise Capital through Direct Listings
August 28, 2020The Recorder: Legal Considerations for Distressed Debt Investors
August 26, 2020Impending Updates to the Equator Principles Include Significant Changes for Projects in High-Income Countries
July 23, 2020The Recorder: Practicing Law the ‘Open Source’ Way
July 23, 2020EPA Publishes Revised “Boiler MACT” Rules
July 22, 2020COVID-19: Prime Time for Priming
July 15, 2020CLO Issues in Workouts and Debt Restructurings
July 2, 2020The Wall Street Journal: Viewpoint- Sports Venues Face Possibility of Restructuring Amid Coronavirus Fallout
May 26, 2020US$484 Billion in New Funds for CARES Act Small Business Loans and Health Care Programs
April 24, 2020Federal Reserve Announces Two Main Street Lending Programs as Part of Stimulus Efforts
April 9, 2020Door Opens to Non-Traditional SBA Lenders’ Participation in SBA’s Paycheck Protection Program
April 9, 2020CFO: The Restructuring Remedy
April 9, 2020CARES Act: Direct Loans to Non-Investment Grade Businesses and Federal Reserve Liquidity Facilities
April 3, 2020Open Source Software Licensing Basics for Corporate Users
January 5, 2020Top 8 Considerations for Significant Stockholders in an IPO
December 17, 2019NYSE Resubmits Proposal to Enable Capital Raises Through Direct Listings
December 13, 2019SEC Rejects NYSE’s Proposed Direct Listing Rules, Precluding Capital Raises Through Direct Listing For Now
December 9, 2019Another Brick Out of the Wall: NYSE Opens the Door for Companies to Raise Capital Through Direct Listings
December 4, 2019CFO.com: Companies Face Demand for Third-Party CSR Certifications
November 26, 2019SEC Proposes Changes to Procedural Requirements and Resubmission Thresholds Under Rule 14a-8
November 15, 2019SEC Proposes Amendments to Proxy Rules Relating to Proxy Voting Advice
November 15, 2019New York Law Journal: Chapter 11 Plan Support Agreements- Greasing the Wheels for Confirmation Success
November 15, 2019Momentum Minutes: Going Public? How to Determine Whether a Direct Listing Is Right for You
November 6, 2019Lawsuit Challenges Constitutionality of California Law Mandating Women on Public Company Boards
August 14, 2019Department of Transportation Requests Comment on Automated Vehicle Proposed Rulemakings
June 7, 2019Many Early-Stage Companies Could See Substantial Benefits from Opportunity Zone Tax Incentives
June 3, 2019The Retail Apocalypse’s Impact on Grocery Chains
May 31, 2019SEC Adopts Amendments Related to FAST Act Modernization and the Simplification of Regulation S-K
March 27, 2019SEC Requests Comment on the Nature, Content, and Timing of Earnings Releases and Quarterly Reports
December 21, 2018Venture-Backed M&A: Hot Topics and Recent Developments in 2018
November 5, 2018Structuring Carried Interest After US Tax Reform
October 15, 2018DOT Publishes Automated Vehicle Guidance Version “3.0”
October 9, 2018California Mandates Board Gender Quota at Public Companies Headquartered in California
October 1, 2018Crypto Enforcement - SEC Announces First Action for Investment Company Act Violation
September 19, 2018Regulators Take Action Against Crypto Businesses
September 14, 2018Momentum: How Does a Company’s Choice of Early Stage Investors Affect Investors in Later Rounds?
May 11, 2018Crypto Roundup: SEC and CFTC Chairs, Commissioners, and Enforcement Directors Issue Stern Public Statements on Cryptographic and Virtual Assets
January 23, 2018Potential SEC Shutdown: Frequently Asked Questions About the Impact on Capital Markets Transactions and Public Companies
January 22, 2018California Implements Stricter Auto-Renewal Law for 2018
December 26, 2017SEC’s Mandatory HTML Format and Exhibit Hyperlink Requirements Become Effective on September 1
August 25, 2017Controlling-Shareholder Related-Party Transactions Under Delaware Law – A Primer and Practical Guide
August 23, 2017IPOs: Public Announcement of Confidential IPO Submissions
August 1, 2017Are Initial Coin Offerings the Offer of Securities?
July 27, 2017The Below the Radar Boom in Co-Investments
July 21, 2017SEC Staff Expands Nonpublic Review Process for Registration Statements and Announces Related Accommodations
July 17, 2017Opportunities for Strategic Debt Repurchases
June 9, 2017Blockchain and Financial Services: Hype or Herald?
March 21, 2017Is It Time for You to Implement a Virtual Annual Meeting?
March 15, 2017Accessing Capital Through Customized PIPE Offerings
October 27, 2016New California Law Mandates Public Disclosure of Additional Private Fund Information
October 3, 2016‘In re Sabine’: Gathering Agreements and Real Covenants
June 10, 2016Third Circuit Holds Bankruptcy Policy Trumps Labor Act
March 2, 2016Crowdfunding Portal Registration with the SEC Becomes Effective
January 29, 2016Delaware’s Latest M&A Export to Other States: Streamlined Tender Offers and Section 251(h)
January 19, 2016FERC Proposes Rule Clarifying Requirements for Market-Based Rate Sellers to Identify Owners and Affiliates
December 21, 2015Revisiting the Rules of the Road in Revlon-land
December 23, 2014Sell-Side Auctions: Be Careful with Playing Favorites
December 22, 2014Pragmatic Effect of Recent Delaware Cases on Structuring Deals involving Large Stockholders
November 24, 2014New MOFCOM Rules to Further Facilitate China Outbound Investments
September 22, 2014The Changing Shape of Hostile Takeovers
July 25, 2014Shanghai FTZ Unveils 2014 Version of "Negative List"
July 2, 2014DOJ and FTC Weigh Anticompetitive Effects of Conditional Pricing Practices, Probe Usefulness of Price-Cost Test
June 26, 2014Industry Groups’ Emergency Motion for Full Stay of Conflict Minerals Disclosure Rule Denied by DC Circuit
May 15, 2014The Latest Trend: Inversions via M&A
May 12, 2014Proposed Amendments Clarify DGCL Section 251(h)
May 2, 2014Exclusive Forum Bylaws: Further Consideration Recommended
March 17, 2014“Dual Track” Acquisition Structure Remains Useful to Strategic Acquirors Even After DGCL §251(h)
January 27, 2014Guilty Plea Entered in First Criminal Prosecution Under the Migratory Bird Treaty Act Against a Wind Farm
December 2, 2013Current Environmental Law Developments in China
August 28, 2013China’s SAFE Issues Circular 37 to Replace Circular 75
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