The Securities and Exchange Commission (SEC) under the current Trump administration has swiftly adopted a new agenda. Some of the first initiatives dealt with shareholder engagement and shareholder proposals. These initiatives…
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/ Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law
Only a short time has elapsed since President Trump named Mark T. Uyeda as Acting Chair of the Securities and Exchange Commission (“SEC”) on January 21, 2025. Already, however, the regulatory climate has shifted significantly…
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/ Business Organizations, Securities Law
In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit…
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/ Antitrust & Trade Regulation, Real Estate - Commercial, Real Estate - Residential, Science, Computers, & Technology
A new presidential administration means turnover in top leadership roles throughout the government. Jay Clayton, President Trump’s pick to lead the U.S. Attorney’s Office for the Southern District of New York (“SDNY” or the…
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/ Criminal Law, Government Contracting, Securities Law
Eleven attorneys general sue asset managers, alleging ESG investment standards raise coal prices and violate antitrust laws - The ideological battle over the role of Environmental, Social and Governance (ESG) investment…
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/ Antitrust & Trade Regulation, Business Organizations, Environmental Law, Finance & Banking, Securities Law
The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework for…
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/ Administrative Law, Antitrust & Trade Regulation, Mergers & Acquisitions
On 30 October 2024, the Government published its highly anticipated Autumn Budget 2024 (the “Budget”). Among measures promised to “fix the foundations of the economy” is the Government’s commitment to implement “the most…
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/ Business Organizations, Criminal Law, Taxation
So long ago that it may have slipped from memory, the U.S. Securities and Exchange Commission (“SEC”) adopted changes to the regime for reporting beneficial interests in publicly traded equity securities on Schedule 13G. The new…
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/ Business Organizations, Finance & Banking, Securities Law
On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas granted a nationwide injunction setting aside the Federal Trade Commission’s (“FTC”) rule banning most non-compete clauses in…
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/ Administrative Law, Antitrust & Trade Regulation, Constitutional Law, Labor & Employment Law
On June 24, 2024, the U.S. Court of Appeals for the Second Circuit decided Packer ex rel. 1-800-Flowers.com, Inc. v. Raging Capital Management, LLC, reversing a district court decision that had held that a shareholder plaintiff…
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/ Business Organizations, Business Torts, Securities Law
The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of goods…
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/ Antitrust & Trade Regulation, Business Organizations, Business Torts, Commercial Law & Contracts
The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry…
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/ Administrative Law, Antitrust & Trade Regulation, Health
La présentation de demandes de brutage fiscal – ou « tax gross-up » – des indemnités pouvant être réclamées lors d’une procédure d’arbitrage par les parties lésées est essentielle. L’objectif de telles demandes consiste en la…
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/ Alternative Dispute Resolution (ADR), International Law & Trade, Taxation
On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…
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/ Civil Rights, Commercial Law & Contracts, Labor & Employment Law
On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) adopted new rules governing initial public offerings (“IPOs”) of special purpose acquisition companies (“SPACs”) and subsequent combinations between SPACs…
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/ Mergers & Acquisitions, Securities Law
