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Davis Polk Discusses Recent SEC and CFTC Enforcement Actions

Reynolds Holding

The actions include public company disclosure and crypto matters, among others. Actions initiated by the SEC and CFTC in July and August 2023 Number of actions, by matter type Public company disclosures Molecular diagnostic company settles misrepresentation claims related to COVID-19 testing products In the Matter of Co-Diagnostics (A.P.

Banking 52
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Milbank Discusses Universal Proxy and “Horizontal” Conflicts

Reynolds Holding

There is reason to believe the SEC’s new universal proxy Rule 14a-19 will result in more stockholder nominees being elected to the boards of public companies. When a stockholder nominates a director however, a host of questions arise that are qualitatively different.

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Gibson Dunn Offers 2022 Mid-Year Securities Litigation Update

Reynolds Holding

Lucia Companies, Inc. Strategic Investment Opportunities LLC v. UIP Companies, Inc. To cause UIP to buy her stake for 30 times UIP’s total equity value, plaintiff filed a lawsuit asking the court to appoint a custodian with full control of the company. Lee Enterprises, Inc. 2022 WL 453607, at *1 (Del. In Coster v.

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Wachtell Discusses the U.S. Supreme Court’s Business Docket for the October Term 2022

Reynolds Holding

While Axon was a limited, procedural ruling insofar as it did not opine on the underlying merits of any constitutional challenge, the decision affords companies—including merger parties—facing adverse action in the setting of in- house agency forums the opportunity to press constitutional claims at an early stage in a neutral Article III court.

Banking 40
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Gibson Dunn Offers 2022 Year-End Securities Litigation Update

Reynolds Holding

We examine developments in federal securities litigation involving special purpose acquisition companies. We examine environmental, social, and corporate governance (“ESG”) Although too early to identify definitive trends in this area, we survey the types of ESG allegations that are being filed and report on notable decisions.