‘Enforcement 40′ for 2017
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Is There a First-Drafter Advantage in M&A?
Does the party that provides the first draft of a merger agreement get better terms as a result? There is considerable lore among transactional lawyers on this question, yet it has never been examined empirically. In a recent article, Is There a First-Drafter Advantage in M&A?, we develop a novel dataset of drafting practices in […]
Feb. 22 Webcast: SEC Enforcement — Current Developments and What’s Ahead for 2019
Please join Bill McLucas, Doug Davison, Marty Wilczynski and Steve Richards for this free webcast.
ISS Releases 2018 Top 100 U.S. Securities Suit Settlements List | The D&O Diary
As was the case in 2017, there were relatively few larger securities class action lawsuit settlements during 2018, compared to prior years. As reported in latest large securities class action lawsuit settlement report from ISS Securities Class Action Services (ISS), there were only four settlements in 2018 that were large enough to make the list […]
They’re the Biggest Investors in Private Equity. Now They’re Asking the SEC to Step In. | Institutional Investor
Sure, they have billions of dollars invested and spend millions in consulting and advisory fees. But now, some of the world’s largest private equity investors, along with an industry group, are demanding oversight over the industry they’re largely funding. On Tuesday, the Institutional Limited Partners Association and 35 of its member institutions sent a letter […]
Suit Accuses Current, Former CBS Executives of Insider Trading – WSJ
Mr. Moonves, acting CEO Joe Ianniello, chief accounting officer Lawrence Liding and former communications chief Gil Schwartz collectively sold more than 3.4 million shares worth over $200 million before the company’s July disclosure that it would investigate Mr. Moonves, according to an amended complaint filed Monday in federal court in the Southern District of New […]
Saying So Long to State Court Securities Litigation
Unfortunately, almost a century later, that “happenstance” is contributing to a shrinking IPO market. Given the absence of any apparent original purpose for granting concurrent jurisdiction over adjudication of IPO-related claims and Congress’ more recent intent to prevent plaintiffs from evading the protections of the PSLRA by filing suit in state courts, it is time […]
Guest Column — The Neutral Accountant’s Role in the Arbitration Process: Resolving Working Capital & Earnout Disputes Without Costly Litigation
Guest Columnist Jeff Litvak on how a neutral accountant can save the parties to a dispute a significant amount of time and money.
Crypto Work Still Priority of Law Firms Despite Burst Bubble
Practice leaders concede that the popped crypto bubble has resulted in a tough time for a segment of their clients, especially startups, as fewer new crypto businesses are forming than in recent years, and consequently the “new deal flow” is slowing. Yet these attorneys report such practice groups are still thriving despite the changed market. […]
D&O Insurance: Policy Wording Matters | The D&O Diary
Everyone involved in any way in D&O insurance transactions has seen an insurance buyer choose to buy a policy that while less expensive provides narrower coverage. Sometimes the price difference might be slight, sometimes the difference could be significant. But the fact is, the most expensive policy is the one that doesn’t provide coverage when […]
Silicon Valley’s Unbridled Optimism Gets Fresh Reality Check – WSJ
Yet a worrying sign is the shrinking of so-called seed deals, essentially the earliest investments in startups. The number of these deals has fallen steadily, dropping to 882 in the fourth quarter from more than 1,500 three years earlier, PitchBook says. Venture capitalists typically follow the trajectory of tech stocks, as they did in early […]