Patrick E. McDonough

Mintz

Articles

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SEC Adopts New Incentive-Based Compensation "Clawback" Rule

USA - November 29 2022 On October 26, 2022, the Securities and Exchange Commission, in a 3-2 vote, adopted a new rule, Exchange Act Rule 10D-1. Rule 10D-1 directs national…

Adam L. Sisitsky, Xandy Walsh

Court Issues Highly-Anticipated Decision Regarding the Treatment of SPAC Sponsors and Directors

USA - January 10 2022 In a long-anticipated decision, the Delaware Court of Chancery answered several pending questions regarding the treatment of special purpose…

John F. Sylvia

SCOTUS Finds While Defendants Carry the Burden of Proof in Overcoming Basic’s Presumption of Reliance, Defendants May Address the Generic-Nature of Alleged Misstatements at the Class Certification Stage

USA - June 23 2021 On Monday, June 21, 2021, the U.S. Supreme Court issued its much awaited decision on the federal securities laws in Goldman Sachs Grp. v. Arkansas…

Ellen Shapiro

SEC Discloses Its Recommendations on Key Issues for Private Companies Weighing SPAC Transactions

USA - April 2 2021 On March 31, the Securities and Exchange Commission’s Division of Corporation Finance published a staff statement which outlines accounting, financial…

Thomas R. Burton III, Sahir Surmeli, John F. Sylvia

2021’s Continued SPAC Boom Invites Heightened SEC Scrutiny of SPAC Transactions

USA - March 26 2021 The ongoing surge in blank check acquisition transactions has invited heightened scrutiny from the Securities and Exchange Commission (SEC), which…

Thomas R. Burton III, Sahir Surmeli, John F. Sylvia