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Recent developments for the fourth quarter 2011

  • Baker & McKenzie
  • -
  • Canada, China, Denmark, European Union, France, Germany, Ireland, Italy, Japan, Netherlands, Switzerland, United Kingdom, USA
  • -
  • March 15 2012

The end of the year and beginning of a new year is always a busy time for us, as it is for most of our clients

In case you missed it

  • Stoel Rives LLP
  • -
  • USA
  • -
  • October 13 2011

The FDIC, Federal Reserve, Treasury and SEC published proposed regulations to implement the “Volcker Rule” requirements of Section 619 of the Dodd-Frank Act, which generally would prohibit banks from short-term proprietary trading for their own accounts and from specified relationships with hedge funds or private equity funds

Advantages of using ESOPs to structure acquisitions and divestitures in an uncertain economy

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2009

For years, employee stock ownership plans (ESOPs) have provided both a ready exit strategy for privately held business owners and a platform for management buyouts

Hedge funds and private equity funds subject to new deferred compensation restrictions

  • Dentons
  • -
  • USA
  • -
  • October 20 2008

The Emergency Economic Stabilization Act imposes substantial new restrictions on deferral of investment management fees, incentive fees and other compensation payable by hedge funds, private equity funds and certain foreign corporations and partnerships

Private equity fund has controlled group liability for underfunded pension plan

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • January 10 2008

In a decision having far-reaching implications, the Pension Benefit Guaranty Corporation (PBGC) Appeals Board recently held that a private equity fund ("Fund") was jointly and severally liable for a funding shortfall in a pension plan of one of its portfolio companies

Delaware Chancery Court opinion addresses cancellation of stock options in a cash merger transactions

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • August 7 2007

A recent decision from the Delaware Chancery Court, Lillis v. AT&T Corp., No. 717-N (Del. Ch. July 20, 2007) (Lamb, V.C.), provides helpful guidance on the often troublesome issue of the right of acquirors to cash out and cancel compensatory stock options in cash merger transactions

Delaware Chancery Court addresses the cancellation value of employee stock options in mergers

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • July 27 2007

When a corporation is acquired in an all-cash merger, it is generally anticipated that the target company’s employee and officer stock options will be cancelled, with the holders receiving the excess, if any, of the per-share consideration paid in the merger over the per-share exercise price of their options

New SEC rules on executive compensation - application to foreign private issuers

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • January 18 2007

Recently the U.S. Securities and Exchange Commission (the “SEC”) released final amendments to its executive compensation and related party disclosure rules (the “Final Rules”

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