From innovations in the tech economy to the trends shaping transactions, our insights give you clarity on complex developments across the US market.
Recent insights
FINRA Proposes Amendments to the Capital Acquisition Broker Rules
On Jan. 30, 2020, the Financial Industry Regulatory Authority (FINRA) proposed amendments to the Capital Acquisition Broker (CAB) rules to expand the …
Cybersecurity: The SEC Provides Guidance on Well-Known and Emerging Best Practices
At the end of January, the U.S. Securities and Exchange’s Office of Compliance Inspections and Examinations (OCIE) released its “Observations …
Understanding the Newly Proposed Credit Fund Exclusion Under the Volcker Rule
Section 13 of the Bank Holding Company Act of 1956 (the BHC Act) generally prohibits any insured depository institution (as defined in Section 3(c) of …
The 2019 SNC Review Results: Increased Criticized Loans Observed
On Jan. 31, 2020, the board of governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the …
The “Customer” Argument: An Expansion of the Section 546(e) Safe Harbor?
Introduction In February 2018, the U.S. Supreme Court issued an opinion that, at first blush, appeared to severely curtail the scope of the transferee …
Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction
Litigation partner Ronald S. Greenberg, counsel Natan Hamerman and associates Daniel Lennard and Zachary C. Naidich authored a Lexis Practice Advisor …
SEC Proposal To Modernize MD&A Disclosures and Guidance on MD&A Performance Metrics
Proposed MD&A Amendments On Jan. 30, 2020, the SEC proposed amendments to modernize Management’s Discussion and Analysis (MD&A) financial …
FDIC Views on Leveraged Lending
The FDIC Fall 2019 edition of Supervisory Insights contained an article entitled “Leveraged Lending: Evolution, Growth and Heightened Risk”. …
TN Classification to Remain Intact Under New Trade Agreement
Earlier this week, President Donald Trump signed the United States-Mexico-Canada Agreement (USMCA) Implementation Act, which ratifies the trade agreement …
“‘Time Is On My Side’ — When a ‘Time of the Essence’ Closing Date Keeps Rolling Like a Stone for 60 Days”
The recent decision of the Bankruptcy Court for the Southern District of New York in In re AAGS Holdings LLC, Case No. 19-13029 (SMB) (Bankr. D. …
Is US government inaction on climate change a breach of the constitution?
Delaware Chancery Court Holds That Stockholders Had a “Proper Purpose” to Seek Board Materials From Opioid Distributor, and Orders a 30(b)(6) Deposition, in Section 220 Books and Records Action
Overview In a 63-page decision issued on Jan. 13, 2020, in Lebanon County Employees’ Retirement Fund v. AmerisourceBergen Corporation, Vice …
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Paul H. Schoeman
Executive Partner, US and Managing Partner, Disputes, US, New York
Amy Caton
Managing Partner, Finance and Restructuring, US and Head of Bankruptcy and Restructuring, US, New York
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Head of Litigation, US and Managing Partner, New York Office, New York
Howard T. Spilko
Partner, Global Head of Private Equity and Chair of Corporate, US, New York
Barbara Roth
Partner, New York