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Schulte Roth & Zabel LLP

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FinCEN’s ANPRM on customer due diligence for financial institutions comments due May 4

USA - March 9 2012 On March 5, 2012, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Treasury Department (“Treasury”), issued an advanced notice of proposed rulemaking (“ANPRM”) requesting input from various industries on customer due diligence (“CDD”) requirements for financial institutions

Short slates, majority slates and full slates: strategic and voting considerations

USA - April 15 2008 The ultimate threat available to an activist who seeks to cause a company to take actions it advocates for maximizing shareholder value is obtaining representation on the board through which the activist can advocate, or effectuate, change from within

Texas Supreme Court Resolves Fraudulent Transfer Value Defense for Fifth Circuit

USA - April 6 2016 "Reasonably equivalent value" as a defense to a fraudulent transfer suit "can be satisfied with evidence that the transferee (1) fully performed

Lehman Brothers International (Europe) in administration: latest High Court decisions on application of surplus proceeds in the ‘Waterfall’ series of cases

United Kingdom - August 4 2015 On 31 July 2015, the English High Court delivered its judgments in the 'Waterfall IIA' and 'Waterfall IIB' cases. The decisions are important to

The New FINRA Registration Requirement for Algorithmic Traders: Implications for Broker-Dealers and Investment Advisers

USA - April 26 2016 On April 7, 2016, the Securities and Exchange Commission approved the Financial Industry Regulatory Authority’s proposed amendments to NASD Rule 1032

The New FINRA Registration Requirement for Algorithmic Traders: Implications for Broker-Dealers and Investment Advisers

USA - April 26 2016 On April 7, 2016, the Securities and Exchange Commission approved the Financial Industry Regulatory Authority’s proposed amendments to NASD Rule 1032

Should Schools Test Their Drinking Water?

USA - April 25 2016 With the recent news coverage that has brought to light the potential for elevated lead levels in drinking water, it is a good time for schools to

Federal Court Finds Private Equity Funds Liable for Pension Liabilities of Portfolio Company

USA - April 8 2016 In a much-anticipated decision addressing the reach of multiemployer pension plans in imposing withdrawal liability, a U.S. District Court ruled on

Texas Supreme Court Resolves Fraudulent Transfer Value Defense for Fifth Circuit

USA - April 6 2016 "Reasonably equivalent value" as a defense to a fraudulent transfer suit "can be satisfied with evidence that the transferee (1) fully performed

Seventh Circuit Holds Diversion of Asset Sale Proceeds to Be Fraudulent

USA - March 30 2016 A corporation's asset sale "was structured by its insiders so as to fraudulently transfer assets in order to avoid paying a major creditor what