Law 360 M&A

JUNE 6, 2023

Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

Equity 75

Equity 75

Harvard Corporate Governance

JUNE 21, 2022

There are good reasons for the Commission’s inaction, including the attorney-client privilege, the goal of zealous advocacy, the fact-specific nature of materiality determinations, and the traditionally state-law basis for the regulation of attorney conduct.

Marketability 204

Marketability 204

Harvard Corporate Governance

JULY 8, 2022

Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance by Lucian A. Bebchuk, Kobi Kastiel and Roberto Tallarita; Restoration: The Role Stakeholder Governance Must Play in Recreating a Fair and Sustainable American Economy – A Reply to Professor Rock by Leo E. Strine, Jr.

Marketability 213

Marketability 213

Harvard Corporate Governance

FEBRUARY 6, 2023

McIntosh is a Consulting Attorney at Wachtell, Lipton, Rosen & Katz. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and For Whom Corporate Leaders Bargain (discussed on the Forum here ) both by Lucian A. Strine, Jr.;

Equity 146

Equity 146

Law 360 M&A

MARCH 24, 2023

companies with foreign affiliates from circumventing the new excise tax on stock repurchases should be narrowly defined as to not disrupt routine intercompany transactions, stakeholders and attorneys told the Internal Revenue Service. A set of rules designed to prevent U.S.

40

40

Harvard Corporate Governance

APRIL 5, 2024

Department of Justice (DOJ) How Did Corporations Get Stuck in Politics and Can They Escape? Posted by Jill E.

Technology 100

Technology Marketability 100

Harvard Corporate Governance

APRIL 25, 2022

States have similarly demonstrated an increased focus on ESG regulations: a dozen state attorneys general, including those of California and New York, sent a letter to the SEC last year that called for increased ESG-related disclosures for climate-related financial risks by “all SEC-regulated firms.”

Finance 226

Finance Compliance Marketability 226

Reynolds Holding

JUNE 20, 2023

That way, stakeholders would be assured that if something were going on at the bank, they would have immediate notice and the ability to withdraw their money. This post comes to us from Alireza Gharagozlou, a retired attorney and actuary who is studying the efficient market hypothesis. So why are banks exempt from daily disclosure?

Banking 59

Banking Marketability Finance 59

Reynolds Holding

DECEMBER 6, 2023

Former Attorney General Bill Barr recently provided one of those reminders with his opinion column in the Wall Street Journal , titled Delaware Is Trying Hard To Drive Away Corporations. First, Delaware is not a stakeholder state. There are many legal topics where AG Barr has vast knowledge and experience. That’s why Robert T.

Start-ups 40

Start-ups 40

Reynolds Holding

DECEMBER 6, 2022

Attorney for the Southern District of New York. The fifth and final objective is to maximize value for all stakeholders through potential sales or a reorganization. How much will stakeholders benefit from these chapter 11 proceedings and to what extent will they bear the burdens? But Ray seeks to do something more: to build.

Banking 105

Banking Marketability 105

Reynolds Holding

FEBRUARY 28, 2024

Principal Deputy Assistant Attorney General Brian Boynton, who oversees DOJ’s Civil Division, touted DOJ’s record year in remarks that he delivered at the2024 Federal Bar Association’s Qui Tam Conference. In a 2020 speech discussing FCA enforcement, Principal Deputy Assistant Attorney General Ethan P. billion recovered, morethan $1.8

Equity 45

Equity Private Equity Firm Compliance 45

Reynolds Holding

FEBRUARY 12, 2024

Companies may conclude that, when it comes to issues of great importance to their stakeholders, silence is no longer an option. Supreme Court issues a ruling that is popular among some stakeholders but is considered morally problematic—perhaps even a cause for great concern—to other stakeholders.

Marketability 45

Marketability 45

ABI

JANUARY 19, 2024

4] In the objection, the Sorgente Entities sought a protective order to establish an attorneys’ eyes-only restriction on confidential materials produced via discovery. [5] 7] To guide and protect this process, section 1522 requires the court to ensure that the interests of creditors and other stakeholders are sufficiently safeguarded. [8]

Compliance 40

Compliance 40

BV Specialists

DECEMBER 20, 2021

Business attorneys, appraisers, tax advisers, and investment bankers are some of the contacts you want to develop in advance of an acquisition. Get Stakeholders and Employees on Board. Find Trusted Partners. Review recent transactions in your industry and identify trends.

Appraisal 52

Appraisal Marketability Business Valuation 52

Reynolds Holding

JANUARY 18, 2024

This has prompted external stakeholders, primarily clients, to pressure these firms to enhance gender equality. In a new article, we examined data on the 250 largest U.S. law firms from 2007-2015, using the annual Vault/Minority Corporate Counsel Association Annual Law Firm Diversity Survey as the primary data source.

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Value Scope

AUGUST 31, 2020

The Harvard Law School panel featured some of the nation’s finest bankruptcy attorneys. Attorneys, and judges, often call simulation models “speculative.” The results for the various stakeholders will be far improved. What are the causes? Simulation Models. ValueScope: Measuring, Defending and Creating Value for Our Clients.

Capital Structure 130

Capital Structure Finance Marketability Compliance 130

Harvard Corporate Governance

JANUARY 31, 2023

And, a group of state attorneys general inquired whether an investor-driven initiative on climate risks called Climate Action 100+ implicates antitrust laws. It reflects a business judgment that taking account of ESG matters, such as long-term sustainability, can create value and reduce risk for all company stakeholders.

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255

A Neumann & Associates

JANUARY 12, 2023

Team Not on The Same Page – In order to complete a transaction, a qualified team of professionals with defined roles needs to be in place to support the owner – CPA, financial advisor, business attorney and an experienced M&A advisor.

Banking 93

Banking Business Valuation Marketability Finance 93

A Neumann & Associates

NOVEMBER 2, 2023

A Cohesive and Efficient Team – In order to complete a transaction, a qualified team of professionals with clearly defined roles needs to be in place to support the owner – CPA, financial advisor, business attorney and an experienced M&A advisor. Good communication and dialogue throughout the various steps is critical to success.

Banking 95

Banking Finance Marketability 95

Reynolds Holding

MARCH 28, 2024

In a speech on March 7, Deputy Attorney General (DAG) Lisa Monaco introduced plans for a new incentive program intended to strengthen corporate enforcement efforts through monetary rewards. In her introduction, the DAG referenced the historical use of whistleblower programs at the federal law enforcement level (e.g.,

Compliance 59

Compliance Technology Marketability 59

Reynolds Holding

AUGUST 17, 2023

Issuers and their officers who engage with stakeholders via social media may be unwittingly creating substantial litigation risk for their corporations. Many, however, are extemporaneous, unvetted, and uncrafted. Yet all have been the basis of private investor litigation, civil enforcement, and criminal enforcement.

Alpha 94

Alpha Marketability 94

Audit Board

AUGUST 23, 2023

Plus, investors and other stakeholders often hold private companies to the same standards as public companies, and the SEC’s final rule is a good example of what we can expect from other cybersecurity legislation on the horizon, much of which goes beyond public companies. Companies may delay disclosure if the U.S.

Compliance 52

Compliance Technology Start-ups 52

Reynolds Holding

MAY 4, 2023

2] The attorneys general of a number of states have drafted legal opinions prohibiting their public entities from ESG investing on this basis. [3] Attorney General William Barr stated in the Wall Street Journal that the belief that ESG factors are material to profitability “appears to rest more on hope than fact.” [12]

Systematic Risk 117

Systematic Risk Finance Marketability Equity 117

Reynolds Holding

JANUARY 10, 2023

In 2023, investors, customers, regulators, and other key stakeholders are expected to continue to demand corporate responsiveness on ESG issues. However, how these stakeholders expect organizations to respond to ESG issues is becoming increasingly more nuanced and complex. ESG labor and employment implications will continue to evolve.

Start-ups 56

Start-ups Marketability Banking Finance 56

ThomsonReuters

SEPTEMBER 17, 2021

Being also an attorney, he helps small businesses with anything they get their hands into until he goes to the courthouse. With the key stakeholders, I want to guide the path, which fits nice into the advisory services world, because that is where a lot of planning and conversations come from. “If Strategic partnerships, not referrals.

Accounting Firms 52

Accounting Firms Start-ups 52

Reynolds Holding

JUNE 21, 2022

That reputation is well deserved: Even as corporate governance has broadened its sights of late to accommodate a wider set of stakeholders, the pivotal role of shareholders in corporate decision making remains very much at the core of corporate law. Engaged shareholder voting is often perceived as the linchpin of sound corporate governance.

Marketability 59

Marketability 59

Audit Board

JANUARY 4, 2023

by the California Attorney General for violating California privacy laws. California’s Office of the Attorney General has enforcement authority. Next, update your website privacy notices as they are the most immediately accessible and noticeable to customers, regulators, and stakeholders.

Compliance 52

Compliance B2B 52

Reynolds Holding

DECEMBER 12, 2023

When assessing impact materiality, companies are expected to consider the needs of all their “stakeholders” – which include “civil society, NGOs, governments, analysts and academics”. The climate-impact disclosure will likely be broader.

Start-ups 72

Start-ups Compliance Finance Marketability 72

Reynolds Holding

APRIL 14, 2022

This requires data on the company’s exposure to adverse macroeconomic conditions, the effect of those conditions on its operations (including its stakeholder relationships), and its responses thereto. This fragmentation increases costs to companies and stakeholders and deters the adoption and use of inequality frameworks. [1].

Marketability 59

Marketability Banking Compliance Technology 59

Equilest

JANUARY 17, 2023

Interviews with legal representatives: This can include interviewing the business's legal representatives, such as its attorneys, to understand the current and past legal situation. Strong partnerships can provide access to new markets, technologies, and resources, while weak partnerships can result in financial losses or reputational damage.

Business Valuation 40

Business Valuation Technology Marketability Compliance 40

Audit Board

MAY 10, 2023

But investors and other stakeholders often hold private companies to the same standards as public companies, and the SEC’s public-company draft rules are a good example of what we can expect from other cybersecurity legislation on the horizon, much of which goes beyond public companies. You’re right. Officially, it doesn’t.

Compliance 98

Compliance Technology Specific Risk Start-ups 98

Reynolds Holding

NOVEMBER 6, 2022

Given the breadth of the BOI reporting requirements laid out in the CTA, private entities, financial institutions and other stakeholders have been eagerly awaiting the final rule to assess the scope of their future reporting obligations and learn when those will become effective.

Compliance 45

Compliance Treasury Finance Banking 45

Sun M&A

APRIL 18, 2023

Lack of Well-Structured M&A Process The M&A process involves accountants, attorneys, and partners working together on a single transaction. However, some businesses fail to properly define the requirements, list of stakeholders, and various phases. Businesses need a clear and well-laid-out M&A process to prevent any doubt.

Technology 40

Technology Marketability 40

Reynolds Holding

AUGUST 8, 2023

Harvard (as discussed in our prior memo ), after which Attorneys General from both red and blue states sent conflicting letters to Fortune 100 companies on what the SFFA decision meant for corporate DEI initiatives.

Equity 40

Equity Compliance 40

Reynolds Holding

MAY 5, 2022

The attorneys general of 17 “red” states have faced off against the SEC, the ACLU, an “ Ad Hoc Coalition of Nasdaq-Listed Companies,” and a group of “Investors and Investment Advisers.” On the other hand, 17 states, through their attorneys general, together filed an amicus brief in support of the NCPPR.

Compliance 49

Compliance Marketability 49

Harvard Corporate Governance

SEPTEMBER 25, 2022

Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) by Lucian A. discussed on the Forum here ) and Stakeholder Capitalism in the Time of COVID (discussed on the Forum here ) both by Lucian A. Strine, Jr. more…).

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224

Harvard Corporate Governance

JANUARY 28, 2023

Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) by Lucian A. Strine, Jr.;

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