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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
18 October 2021
Views on an evolving automotive industry - Using trade secrets to protect innovation
12 October 2021
Delaware Court of Chancery Holds That ‘Effect of Termination’ Provision Bars Party Who Terminated Merger Agreement From Also Recovering Breach Damages
In its recent decision in Yatra Online, Inc. v. Ebix, Inc., Case No. 2020-0444-JRS, 2021 WL 3855514 (Del. Ch. Aug. 30, 2021) (Slights, V.C.), the …
6 October 2021
Second Circuit Declines to Strike Down No-Deny Provision of Executive’s SEC Consent Agreement
On Sept. 27, 2021, the U.S. Court of Appeals for the Second Circuit rejected the most recent legal challenge to the Securities and Exchange …
3 October 2021
Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
Bankruptcy and Restructuring associate Ashish Virmani authored a Kluwer Arbitration Blog article titled “Rekindling the Debate on Enforcement of …
1 October 2021
SEC Staff Guidance Signals Agency Review of Companies’ Current ESG and Climate-Related Disclosures
Despite SEC Chair Gary Gensler’s recent statement that formal rules related to Environmental Social Governance (ESG) may slip to next year, the SEC …
28 September 2021
New York Court Joins Other State Courts in Dismissing Securities Act Claims in Favor of Federal Forum Provision
As we have discussed in prior client alerts (see here and here), in the wake of the Delaware Supreme Court’s decision in Salzberg v. Sciabacucci …
27 September 2021
Bond ETFs Could Be Treated as Debt for NY RBC Purposes
New York-domiciled insurers should take note of new latitude from their home-state regulator concerning exchange-traded funds (ETFs) in their investment …
27 September 2021
Proposed Tax Law Amendments and Tax Increases May Impact Private Equity and M&A Deals
The House Ways and Means Committee recently released legislative proposals as part of the “Build Back Better” reconciliation legislation that …
23 September 2021
In Echo of Expert Network Cases, SEC Reaches Securities Fraud Settlement with Alternative Data Provider
On Sept. 14, 2021, the Securities and Exchange Commission (SEC) entered a cease-and-desist order against App Annie Inc. and its co-founder and former …
23 September 2021
Court of Appeals Declines to Hear 200 Amsterdam Avenue Appeal
On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the …
21 September 2021
Delaware Court of Chancery Allows Caremark Claim To Proceed Against Boeing Directors
In a significant decision, the Delaware Court of Chancery recently denied a motion to dismiss, thus allowing discovery to proceed, on a Caremark claim …
17 September 2021
How to Avoid SPAC Litigation and Regulatory Enforcement Actions
Litigation partner Michael J. Dell and special counsel Tobias B. Jacoby co-authored a Reuters Westlaw article titled “How to Avoid SPAC Litigation and …
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Key contacts
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
Scott S. Balber
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