JD Supra United States
- Publisher:
- JD Supra
- Publication date:
- 2019-04-29
Publisher
- JD Supra (355670)
Law Firm
- Ballard Spahr LLP (7083)
- McDermott Will & Emery (5484)
- Foley & Lardner LLP (5140)
- King & Spalding (4890)
- Sheppard Mullin Richter & Hampton LLP (4855)
- BakerHostetler (4666)
- Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (4661)
- Allen Matkins (4546)
- Jackson Lewis P.C. (4510)
- Fox Rothschild LLP (4501)
- Manatt, Phelps & Phillips, LLP (4262)
- Carlton Fields (4237)
- Seyfarth Shaw LLP (4201)
- Morrison & Foerster LLP (4142)
- Fisher Phillips (4012)
- Davis Wright Tremaine LLP (3671)
- Katten Muchin Rosenman LLP (3501)
- Baker Donelson (3426)
- Dorsey & Whitney LLP (3406)
- Goodwin (3280)
- McGuireWoods LLP (3256)
- Morgan Lewis (3178)
- K&L Gates LLP (3144)
- Littler (3108)
- Faegre Drinker Biddle & Reath LLP (3079)
- Cozen O'Connor (2919)
- Troutman Pepper (2883)
- Bradley Arant Boult Cummings LLP (2854)
- Holland & Knight LLP (2782)
- Kelley Drye & Warren LLP (2699)
- Akin Gump Strauss Hauer & Feld LLP (2576)
- Bryan Cave Leighton Paisner (2562)
- Hogan Lovells (2486)
- McDonnell Boehnen Hulbert & Berghoff LLP (2453)
- Bergeson & Campbell, P.C. (2448)
- Thomas Fox (2412)
- Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. (2407)
- Eversheds Sutherland (US) LLP (2356)
- Cooley LLP (2352)
- Robinson+Cole Data Privacy + Security Insider (2255)
- U.S. Equal Employment Opportunity Commission (EEOC) (2223)
- Shearman & Sterling LLP (2205)
- Snell & Wilmer (2169)
- Dechert LLP (2159)
- Robins Kaplan LLP (2110)
- Nossaman LLP (2030)
- Skadden, Arps, Slate, Meagher & Flom LLP (2026)
- Franczek P.C. (2005)
- Womble Bond Dickinson (2003)
- Patterson Belknap Webb & Tyler LLP (1973)
Latest documents
- 401(k) Plan Sponsors Need To Turn The Lights Back On
I live on Long Island, so the joke is by law, I must like Billy Joel. Honestly, I’ve been a fan since about 7 or 8 when my Aunt had the Glass Houses record. After a long time of not writing any music, Billy is back with “Turn the Light Back On.” It’s a song about regret and mistakes. The song has been in my head for weeks and the AI-created music video showing Billy when he was younger is an alltime classic and would be an MTV staple if MTV still showed music videos. Many 401(k) plan sponsors may have many mistakes and some regrets if they knew the mistakes they were making. They certainly could turn the “lights back on” for their 401(k) plan.
- Key Considerations for the 2024 Annual Reporting and Proxy Season Part II: Proxy Statements
Each year in our Annual Memo series, White & Case's Public Company Advisory Group provides practical insights on preparing Annual Reports on Form 10-Ks, Annual Meeting Proxy Statements and, for FPIs, the Annual Report on Form 20-F. This installment of our Annual Memo will focus on key considerations for 2024 Annual Meeting Proxy Statements in three subsections: - Compensation Related Disclosure Matters - Boards of Directors and Related Governance Disclosures - Proxy Housekeeping Items
- Potential Impact of the SEC’s Rulemaking Agenda on Crypto
The current SEC administration has expressed the view that most crypto assets are offered and sold as securities and has proposed several rules that address “digital asset securities” or “crypto asset securities.” In this article, the authors address how certain SEC rule proposals could impact existing crypto market participants if the rules are adopted as proposed and the SEC’s view that most crypto assets are offered and sold as securities prevails. Originally published in The Review of Securities & Commodities Regulation - March 6, 2024.
- International Trade Enforcement Roundup – February 2024 Update
February saw a continuing focus on Russia. First, the Treasury Department’s Office of Foreign Assets Control (OFAC), in conjunction with the State Department, sanctioned over 500 individuals and entities – the “largest number of sanctions imposed since Russia’s full-scale invasion of Ukraine.” The Commerce Department’s Bureau of Industry and Security (BIS) also added 93 entities to its Entity List. Second, the Department of Justice (DOJ) disrupted two separate sanctions evasion schemes with individuals entering guilty pleas. There were three notable actions involving Iran this month. BIS reached an administrative settlement with CargoSave, a freight shipper, which seems to have been granted “credit” for assisting in an investigation of a third party. Also, a UK citizen was sentenced to 18 months in prison for conspiring to export U.S.-origin goods to Iran, and a father-son duo was charged with facilitating the export of a variety of U.S.-origin equipment and technology to Iran.
- Q1 2024 Sustainable Debt Finance: Trends and Opportunities in an Area of Accelerated Growth
While 2022 showed that the sustainable debt market is not impervious to overall economic slow-down (particularly in the capital markets), 2023 demonstrated its resiliency, even in a high-interest rate market. Notwithstanding increasing undercurrents of greenwashing concerns and skepticism, banks, investors and companies continue to turn their attention to environmental, social and governance (ESG) factors in response to changing societal expectations and evolving ideas regarding the ability of good ESG practices to create value or mitigate the erosion of value.
- Key Takeaways - Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks
Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York City. Mr. Englander focused on how AI is impacting the area of trademark law while Mr. Trigg provided insight on this fast-evolving technology’s effect on copyright law.
- Data Privacy + Cybersecurity Insider - March 2024 #3
CYBERSECURITY - Patch, Patch, Patch: Updates for Fortinet, Microsoft, and Adobe Products - Patching vulnerabilities is a difficult task. Keeping up with and patching them without disrupting users’ experience is tricky. Nonetheless, it is a necessary evil and crucial to cybersecurity hygiene and incident prevention.
- Holland & Knight Health Dose: March 12, 2024
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector.
- 2023 Developments in U.S. Securities Fraud Class Actions Against Non-U.S. Issuers
In 2023, plaintiffs filed 33 securities class action lawsuits against non-U.S. issuers, down by one from the 34 filings in 2022. This number indicates a continued decline in non-U.S. issuer filings, since a recent high of 88 filings in 2020.
Featured documents
- When are local recruitment meetings operated by corporate entities?
The court held that Koscot needed authorization to do business in the state because it in fact operated the recruitment meetings and not local distributors. Members of the Koscot board of directors attended and spoke at the meetings, they were operated according to a script authorized by Koscot,...
- Where is the proper venue to consolidate pretrial proceedings in a litigation proceeding consisting of 5 cases in 4 districts?
The Panel transferred pretrial proceeding to the Northern District of California because Holiday Magic was located there, most of the witnesses were also there, and litigation was currently pending in that court that had already made significant forward progress. Common questions of law and fact...
- What differentiates a franchise from an investment contract, a type of security?
The District Court held that, according to the US Supreme Court in Howey, an investment contract is an investment of money in an enterprise with an expectation of profit solely from the efforts of others. The agreement with Plum Tree was not in the nature of an investment contract and was a...
- Is an agreement granting an exclusive territory to operate a franchise in an "investment contract" for federal securities law purposes?
The Court of Appeals upheld the district court ruling that the agreement in question was not an "investment contract". Plaintiffs paid T.V. Tempo for the right to publish a television programming guide in an exclusive territory. T.V. Tempo would provide training to the Plaintiffs and their...
- May a trial court judge reverse an order without receiving new facts into evidence?
The Court of Appeals held that a trial court can change a preliminary ruling without additional evidence being submitted. The State presented many exhibits and affidavits to the court, and moved for summary judgment. The trial court denied the motion, specifically stating that several issues were...
- Delaware v. Ferro
The court held that the statute prohibiting pyramid schemes was constitutional, and that an airplane scheme fell under the definitions within the statute because it was a "sales device" that transferred a "right" to perpetuate the scheme. Because the activity clearly fell under the statue, the...
- Is an airplane investment program a security, and can the promoters of the program be held liable as sellers of securities?
The Supreme Court of Kansas was asked if summary judgment was appropriate to determine that an airplane investment program was a security, and that the promoters of the program could be held liable as sellers of securities. The full case and case summary are also available online at: http://www....
- Does the dismissal of a pendant state securities claim in federal court act as an adjudication on the merits for res judicata purposes?
The Louisiana Supreme Court ruled that because the federal court had pendant jurisdiction over the state law claims arising out of the same transaction as the federal claims, the plaintiff is barred res judicata from bringing additional state law claims in state court. Reeder was defrauded in a...
- What is the proper definition of an investment contract?
The Tennessee Supreme Court held that the proper definition of an investment contract is the definition espoused by the Supreme Court of Hawaii: (1) An offeree furnishes initial value to an offeror, and (2) a portion of this initial value is subjected to the risks of the enterprise, and (3) the...
- Does the short maturity time of the "Advertising Pool" program exempt its notes from registration requirements under Federal securities laws?
The Better Life Club of America, Inc., offered people who paid $39 for membership an opportunity to join the "Advertising Pool," a "wealth-building project" which promised a double return on investment in 60 to 90 days. The pool shortly had outstanding obligations to investors of $51.6 million on...