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Mind the Gaps: Lessons from the Goldstein Opinion on Why a Target Company’s Approach to Board Minutes Can Make All the Difference in M&A Litigation

Vice Chancellor Laster’s recent opinion in Goldstein v. Denner provides a useful reminder of the importance of documenting board meetings, updates, and communications in formal corporate board documen...

Author(s): Ethan Klingsberg, Meredith Kotler, Victor Ma

  • m&a
  • litigation
  • corporate governance
  • delaware law

Life Sciences Under the Antitrust Microscope

Under the Biden Administration, the US Federal Trade Commission (FTC) has prioritized aggressive antitrust enforcement, including in the life sciences sector. Over the past weeks, the FTC: Announced a...

Author(s): Justin Stewart-Teitelbaum, Laura Onken, Lauren Vaca

  • life sciences
  • antitrust and competition

SEC Remains Focused on Auditor Independence, Cautioning Against “Checklist Compliance” Mentality

On June 8, 2022, Paul Munter, the SEC’s Acting Chief Accountant, issued a statement (the “statement”) emphasizing the importance of the auditor independence framework under Rule 2-01(b) of Regulation ...

Author(s): Taryn Zucker, Fatima Anjum

  • corporate
  • capital markets and securities
  • corporate governance

U.S. Supreme Court Rejects Section 1782 Discovery for Use in Most Arbitrations

Under 28 U.S.C. § 1782, a district court may grant discovery “for use in a proceeding in a foreign or international tribunal.”  For years, federal courts of appeals have split on how to interpret the ...

Author(s): Timothy Harkness, Linda Martin, David Livshiz, Scott Eisman, Olivia Greene, Paige von Mehren, Christian Vandergeest

  • arbitration
  • litigation

DOJ Pursues Criminal Prosecutions Related to Use of Cryptocurrency to Evade Sanctions

On May 13, 2022, Magistrate Judge Zia Faruqui released a redacted Memorandum Opinion disclosing that the US Department of Justice (DOJ) had launched a criminal prosecution against a US citizen involvi...

Author(s): Olivia Radin, Timothy Howard, Kimberly Zelnick, Stephanie Brown Cripps, Jane Peng, Andrew Bulovsky

  • sanctions and trade
  • investigations
  • financial institutions

U.S. Supreme Court Rejects Prejudice Requirement for Finding Waiver of Contractual Right to Arbitrate

On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance, Inc., which addressed whether the waiver of a right to arbitrate by first litigating in court requires a showing that the delay in s...

Author(s): Elliot Friedman, David Livshiz, Scott Eisman, Christian Vandergeest

  • arbitration
  • litigation

Pressure Builds to Resolve Lack of Access to Audit Papers of Chinese Listed Companies

On May 24, 2022 YJ Fischer, the director of the U.S. Securities and Exchange Commission Office of International Affairs, gave a speech on recent regulatory developments related to the continued inabil...

Author(s): Michael Levitt, Jeremy Barr, Isaac Ellman

  • corporate
  • corporate governance
  • capital markets and securities
  • financial institutions
  • sanctions and trade

The Other Shoe Drops: California Court Invalidates Statute Requiring Women on Corporate Boards, Eliminating All Board Diversity Requirements

BackgroundOn September 30, 2018, Senate Bill 826 (SB 826) was signed into law in California, which required publicly held corporations with principal executive offices located in California to have at...

Author(s): Elizabeth Bieber, Jennifer Burrow, Evelyne Kim

  • corporate
  • corporate governance
  • shareholder activism
  • capital markets and securities

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