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In Conflict With Other Circuits, Seventh Circuit Rules That Certain Transfers Involving Financial Institution Intermediaries Not Immune From Recovery By Bankruptcy Trustee
  • Proskauer Rose LLP
  • USA
  • August 2 2016

Section 546(e) of the bankruptcy code prohibits a bankruptcy trustee from avoiding “settlement payments”, or payments “made in connection with a


Are You Prepared for Disruption? New regulations, new challenges and opportunities Expect Focus - Vol. II, July 2016
  • Carlton Fields
  • Australia, USA
  • July 31 2016

On June 3, the Federal Reserve Board (the “Fed”) released an advance notice of proposed rulemaking (ANPR) and began soliciting comments for the


Chancery Addresses Limitations of the Power to Delegate Authority to Third Parties in a Delaware LLC
  • McCarter & English LLP
  • USA
  • July 28 2016

In a recent Memorandum Opinion in Obeid v. Hogan, C.A. No. 11900-VCL, the Delaware Court of Chancery addressed the delegation of litigation authority


Consumer Financial Protection Bureau Five-Year Retrospective
  • Mayer Brown LLP
  • USA
  • July 21 2016

The Consumer Financial Protection Bureau (CFPB or the “Bureau”) marks its fifth Birthday having made a substantial mark on the consumer financial


Anatomy of a Term Sheet: Series A Financing (Q2 2016)
  • McCarter & English LLP
  • USA
  • July 14 2016

A key milestone in the lifecycle of many successful companies (and, admittedly, many unsuccessful companies) is obtaining financing from angel or


DOJ’s First Corporate Enforcement Action Under Pilot Program
  • McGuireWoods LLP
  • USA
  • July 5 2016

In April 2016, the Department of Justice (DOJ) announced its Foreign Corrupt Practices Act Enforcement Plan and Guidance, which includes a one-year


Discussion Draft of the Financial CHOICE Act
  • Cooley LLP
  • USA
  • June 27 2016

A discussion draft for the Financial CHOICE Act is now publicly available. Many of the provisions of interest from a corporate standpoint are in


In Our View, Dell Has Not Increased the Risk of an Appraisal Award Higher than the Merger PriceBut Highlights that a “Meaningfully” Competitive Sale Process Is the Key to Reducing the Risk
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • June 10 2016

In Appraisal of Dell Inc. (May 31, 2016), the Delaware Court of Chancery awarded an appraisal amount ($17.62) that was 30 higher than the price


Sidley Perspectives on M&A and Corporate Governance - June 2016
  • Sidley Austin LLP
  • USA
  • June 10 2016

The exposure of corporate directors to shareholder derivative suits relating to their obligations to provide "risk oversight" to the company may turn


Focus on the Foreign Corrupt Practices Act
  • Manatt Phelps & Phillips LLP
  • USA
  • June 6 2016

The Foreign Corrupt Practices Act (FCPA) continues to make news in 2016. Since our last newsletter, DOJ officials have been making the rounds to talk