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Insights on M&A, litigation, and corporate governance in the US.

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The risks of overbroad confidentiality commitments

A recent decision out of California serves as a stark reminder for counsel to draft employee confidentiality contracts thoughtfully.California, like many states, has a statute prohibiting “non-compete...

Author(s): Peter Jaffe, Maj Vaseghi, Menachem Kaplan, Jillian Simons

  • intellectual property
  • litigation

Looking ahead to the 2021 proxy season: ISS updates its voting policies

On November 12, Institutional Shareholder Services (“ISS”) published its annual policy updates in its 2021 global proxy voting guidelines, which are effective for shareholder meetings held on or after...

Author(s): Pamela Marcogliese, Maj Vaseghi, Doru Gavril, Elizabeth Bieber, Kelsey MacElroy

  • corporate
  • corporate governance
  • executive compensation
  • litigation
  • arbitration

Compensation-related considerations for the 2021 proxy season

Companies poised to enter into the upcoming annual report and proxy season should start disclosure preparations early in order to address the complexities that will have inevitably resulted from an un...

Author(s): Maj Vaseghi, Lori Goodman, Sarah Ghulamhussain, Jordan Salzman

  • corporate
  • executive compensation
  • corporate governance

The newly proposed UK national security and investment regime and its potential impact on inbound M&A from the US

On November 11, 2020, the UK government published the National Security and Investment Bill (the “NSI Bill”), which, when enacted into law, will impose a new filing and clearance process for certain i...

Author(s): Michele Davis, Aimen Mir, Paul Tiger, Christine Laciak, Thomas Lair

  • corporate
  • m&a
  • cfius
  • mergers and acquisitions

US Executive Order prohibiting US investment in Chinese companies: key takeaways

On November 12, 2020, President Trump issued a new executive order:  the “Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the E...

Author(s): Nabeel Yousef, Kimberly Zelnick, Stephanie Brown Cripps, Teresa Ko, John Choong

  • sanctions and trade
  • m&a
  • capital markets and securities
  • sanctions

Five take-aways from Beam Suntory’s recent FCPA resolution: managing FCPA risks associated with cross-border M&A and integration efforts

Beam Suntory Inc.’s (Beam) recent FCPA resolution speaks to the potential perils of conducting cross-border M&A without engaging in risk-based due diligence (either pre or post-transaction) and the im...

Author(s): Olivia Radin, Adam Siegel, Andrew Bulovsky

  • investigations
  • m&a

Mind the (SPAC) gap

This article was co-authored by Carrie O’Neil, Esq. of CAC SpecialtyAs this article goes to print, there have been over 170 SPAC IPOs in 2020. To say that SPAC transactions are “the hot thing” would b...

Author(s): Boris Feldman, Doru Gavril

  • litigation
  • capital markets and securities

AML update: focus on cross-border transactions and virtual currency

The Federal Reserve Board (FRB) and Financial Crimes Enforcement Network (FinCEN) are continuing to focus on cross-border money flows, as shown by a recent proposed rule change that would require fina...

Author(s): Olivia Radin, Jane Peng

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