Plus Factors in Price-Fixing Litigation
Antitrust plaintiffs typically rely on circumstantial evidence when pursuing price-fixing claims, because price-fixing conspirators usually conceal
Tag : CLS Blue Sky Blog
Milbank Discusses SEC Guidance on Shareholder Proposals and the Way to Regulate Climate Change
As a result of the SEC’s most recent Staff Legal Bulletin[1] (“SLB”), shareholder proposals that focus on a “significant social policy”
How Holdouts Put Restructuring at Risk
Corporate creditors, perhaps like Americans generally, like to think of themselves as rugged individuals who also work within a communal system.
Paul Weiss Discusses Federal Jury Verdict Finding Cryptocurrency Products Not Securities
On November 2, 2021, a federal jury in Audet v. Fraser found that four cryptocurrency-related products were not securities under the Securities
Debt and Taxes: Why Loans Are Really Leases
Debt has been a ubiquitous form of finance for millennia, and one might reasonably assume that we have a good handle on exactly what it is by now. It
Gibson Dunn Discusses SEC Rules Mandating Use of Universal Proxy Card
On November 17, 2021, the Securities and Exchange Commission (SEC) approved amendments to the federal proxy rules to mandate the use of a universal
SEC Announces Enforcement Results for FY 2021
The Securities and Exchange Commission today [November 18] announced that it filed 434 new enforcement actions in fiscal year 2021, representing a 7
SEC Commissioner Crenshaw on Universal Proxy Rules
Congratulations to the rulemaking team from the Division of Corporation Finance, as well as the staff within the Division of Economic and Risk
SEC Commissioner Peirce Dissents on Universal Proxy Rules
I support universal proxy, but not today’s version of universal proxy. Shareholders voting by proxy should be able to split their vote among
SEC Commissioner Roisman on Universal Proxy Rules
Thank you to the staff who worked on this rulemaking. I support adopting this rule. I see no compelling reason to prevent shareholders from mixing
Rewiring Corporate Law for an Interconnected World
The traditional view of corporate law can be summarized as follows. Shareholders have a single well-defined objective, namely “to maximize the net
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ISS Discusses Intangible Assets and Company Valuation
Intangible assets continue to represent a significant portion of the overall Balance Sheet globally. Over 40% of capital in the US today is in the
Regulating via Social Media: Deterrence Effects of the SEC’s Use of Twitter
Social media is widely used to create, disseminate, and consume information. Today, around seven in 10 U.S. adults use social media.[1] Additionally,
SEC Commissioner Speaks on ESG Risks and Company Accounting Controls
Thank you for the kind introduction Kevin [Gould]. It’s a pleasure to be here today at the annual PepsiCo-PwC CPE conference, which I
Competing Approaches to Director Liability in the Zone of Insolvency
When should directors be held liable for their company’s distressed financial condition? In a recent article, we show that the answer varies widely