ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff The Bankruptcy Court for the Southern District of New York was presented with two issues related to a subpoena target’s refusal to comply in In re Three Arrows Capital, Ltd. 2] Three Arrows Capital, Ltd. Tayler Eynon St.

Compliance 40

Compliance Marketability 40

Reynolds Holding

SEPTEMBER 7, 2023

On August 29, 2023, US federal banking regulators issued a proposal for long-term debt (“LTD”) requirements for certain midsize and larger US banking organizations (the “LTD Proposal”). 1 The LTD Proposal is important because it would require many regional and larger banking organizations to issue significant amounts of LTD.

Banking 40

Banking Finance Equity Marketability 40

Reynolds Holding

APRIL 18, 2024

Put another way: any time you have individuals or corporations trying to capitalize and profit on FOMO, or the “fear of missing out,” around a new technology or offering, it should raise red flags for regulators and compliance professionals alike. AI-washing is not just an issue for investment firms; it should concern each of you as well.

Compliance 45

Compliance Technology Start-ups Marketability 45

Reynolds Holding

NOVEMBER 14, 2023

The stand-alone enforcement actions spanned the securities industry, from billion-dollar frauds to emerging investor threats involving crypto asset securities and cybersecurity, and charged violations by diverse market participants, from public companies and investment firms to gatekeepers and social media influencers. Shaw & Co.,

Marketability 45

Marketability Finance Private Equity Firm Compliance 45

Benzinga

MARCH 26, 2024

is a blank check company formed for the purpose of effecting a merger, capital stock exchange, asset acquisition, stock purchase, reorganization or similar business combination with one or more businesses. K Enter has an internal K drama production team, and the Six Korean Entities to be acquired by K Enter include Solaire Partners Ltd.

Private Equity Firm 40

Private Equity Firm Equity Marketability 40

Shephard Mullin M&A

AUGUST 21, 2023

These metrics may include a target’s cash, debt, unpaid transaction expenses and working capital (excluding cash), and sometimes others. Parties should be cognizant of the law governing the purchase agreement, and the corresponding laws governing arbitrations and expert determinations, in electing a dispute resolution mechanism.

Accounting Firms 52

Accounting Firms Appraisal 52

Reynolds Holding

FEBRUARY 1, 2023

4] Companies no longer need to go public to raise enormous amounts of capital. Where we are today is a long way from where we began, when the federal securities laws first established true public markets with certain limited registration exceptions. 2] Companies that contemplate going public are now waiting much longer to do so. [3]

Marketability 58

Marketability Corporate Finance Compliance Equity 58

Reynolds Holding

NOVEMBER 28, 2022

Second, an effective non-financial regulatory regime should be established under new and existing state and federal laws to protect consumers from the much smaller but still meaningful risks that crypto trading will pose once that separation occurs. Crypto and the Purpose of Finance. So why isn’t the crypto trading market finance?

Finance 145

Finance Banking Marketability Treasury 145

Benzinga

DECEMBER 21, 2022

Sparks"), a power infrastructure services firm and a leader in power restoration management, has entered into a merger agreement with 10X Capital Venture Acquisition Corp. A $50 million standby equity financing facility has been secured from YA II PN, LTD., Sparks Energy, Inc. NEW YORK /DANVILLE, ALABAMA, Dec.

Equity Financing 40

Equity Financing Enterprise Value Finance Equity 40

Reynolds Holding

AUGUST 2, 2022

After the Supreme Court’s decision, the lower courts have been grappling with the impact of Lorenzo on securities laws. [9]. In a complaint filed in the Southern District of New York in 2017, the SEC alleged that defendants Rio Tinto plc and Rio Tinto Ltd. (“Rio 7] Janus Capital Group, Inc. Nat’l Australia Bank Ltd. ,

Banking 58

Banking 58

Benzinga

MAY 11, 2023

In addition, if requested by Allied and AMC, Mondavi will continue the company from British Columbia to Ontario, adopt new by-laws and other corporate policies, increase the size of and reconstitute the board of directors and adopt new security-based compensation arrangements.

Finance 40

Finance Corporate Finance Banking Technology 40

Reynolds Holding

DECEMBER 11, 2023

Striving to better, oft we mar what’s well — William Shakespeare, King Lear (1606) The Delaware Court of Chancery has, for more than a century, honed unparalleled expertise in a unique body of corporate law based on equity – and is thus adaptable enough to address injustice. In 2012, Delaware law began to constrain the role of equity.

Venture Capital Fund 64

Venture Capital Fund Equity Appraisal Marketability 64

Reynolds Holding

FEBRUARY 9, 2023

We also identify key topics to track in 2023: the interplay of ESG matters and competition law, the continuing importance of executive remuneration and the possibility of a decrease in interest in ESG matters. A report by research firm Verdantix forecasts that investment in ESG and sustainability consulting will reach $16 billion by 2027.

Finance 49

Finance Marketability Start-ups Equity 49

Reynolds Holding

OCTOBER 18, 2022

a publicly held medical technology company, to resist a proxy contest threatened by Politan Capital Management LP, an activist hedge fund. Existing Delaware law seems to support such a target corporation-triggered self-help remedy. [3] Saba Capital Master Funds, Ltd. , Lee Enterprises, Incorporated , 2022 WL 453607 (Del.

Technology 72

Technology Finance 72

Reynolds Holding

JUNE 28, 2022

Saba Capital Master Fund, Ltd., 2 The Saba Capital decision was itself consistent with longstanding Delaware case law on the enforcement of advance notice bylaws. Harbinger Capital Partners Master Fund I, Ltd. , In early 2020, in BlackRock Credit Allocation Income Tr., 3d 964 (Del. 2d 228 (Del.

Compliance 56

Compliance Equity 56

Reynolds Holding

JUNE 27, 2023

Greater Use of Private Ordering In a scenario where all shareholders attend a meeting and vote in person and no proxies are solicited, state law, including the company’s charter and bylaws, can impose requirements, such as an advance notice provision, [40] on a shareholder’s ability to add a proposal to the meeting agenda.

Corporate Finance 45

Corporate Finance Marketability Finance Start-ups 45

Reynolds Holding

FEBRUARY 1, 2023

billion acquisition of Citrix Systems by affiliates of Vista Equity Partners and Evergreen Coast Capital, Zendesk’s $10.2 Celsius Network, LLC, FTX Trading Ltd. billion buyout of Citrix Systems by affiliates of Vista Equity Partners and Evergreen Coast Capital, the $10.2 and Genesis Global Holdco, LLC. Berkshire Hathaway Inc.’s

Finance 45

Finance Equity Technology Banking 45

Reynolds Holding

MARCH 27, 2023

Although the number of securities lawsuits filed this year remained steady compared to 2021, we have seen many notable developments in securities law. The Supreme Court has also heard, or will hear, administrative law cases that will impact different aspects of securities litigation. Gibson Dunn represents Slack in this litigation.

Technology 59

Technology Start-ups Compliance Finance 59

Reynolds Holding

MAY 9, 2023

One additional item of disclosure that is strongly indicative of the ties between the nominating stockholder and the nominee is whether the nominee will take advantage of a common law exception to board confidentiality policies.

Dividends 45

Dividends Finance Equity Marketability 45

Reynolds Holding

JULY 29, 2022

Violation of law. The no-action requests related to proxy access proposals made the following arguments: substantial implementation (7), procedural (6), lack of power/authority (2), and violation of law (1). Human Capital. Success Rates by Exclusion Ground [17]. . . Specific amount of dividends. Procedural. Resubmissions.

Equity 98

Equity Dividends Banking Finance 98

Reynolds Holding

MAY 25, 2022

The rule requires issuers to provide, among other things, management’s discussion and analysis (“MD&A”) regarding the impact of material events and uncertainties on (1) operations, liquidity, and capital resources; (2) critical accounting estimates; (3) overall financial condition; and (4) forward-looking statements. The Sample Letter.

Compliance 53

Compliance Start-ups Marketability Corporate Finance 53