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Category: Securities Litigation & Enforcement

California State Court Applies Discovery Stay in Securities Act Claim

Posted by Susan E. Engel, Matthew Rawlinson, and Peter Trombly, Latham & Watkins LLP, on Wednesday, August 31, 2022 Editor's Note: Susan E. Engel and Matthew Rawlinson are partners and Peter Trombly is an associate at

The Most Curious Rule Proposal in Securities and Exchange Commission History

Posted by Joseph Grundfest (Stanford University), on Tuesday, May 17, 2022 Editor's Note: Joseph A. Grundfest is William A. Franke Professor of Law and Business at Stanford Law School. This post is based on his

Recent SEC Enforcement Developments

Posted by Haimavathi V. Marlier, Jina Choi, and Michael D. Birnbaum, Morrison & Foerster LLP, on Sunday, March 27, 2022 Editor's Note: Haimavathi V. Marlier, Jina Choi, and Michael D. Birnbaum are partners at Morrison

SEC Identifies Private Fund Deficiencies, Signifying Increased Industry Scrutiny

Posted by Marc E. Elovitz, Kelly Koscuiszka, and Tarik M. Shah, Schulte Roth & Zabel LLP, on Thursday, February 17, 2022 Editor's Note: Marc E. Elovitz and Kelly Koscuiszka are partners and Tarik M. Shah

M&A/PE Quarterly

Posted by Gail Weinstein, Steven Epstein, and Philip Richter, Fried, Frank, Harris, Shriver & Jacobson LLP, on Sunday, January 16, 2022 Editor's Note: Gail Weinstein is senior counsel, and Steven Epstein and Philip Richter are partners at

Alarm.com and the Open Questions Regarding Trade Secret Claims Related To Usurpation of Corporate Opportunities

Posted by Robert S. Velevis and Lora Chowdhury, Sidley Austin LLP, on Tuesday, June 29, 2021 Editor's Note: Robert S. Velevis is partner and Lora Chowdhury is an associate at Sidley Austin LLP. This post

Delaware Court Orders Up Prevention Doctrine to Require Reluctant Buyer to Close

Posted by Matthew Salerno, Mark McDonald, and Jim Langston, Cleary Gottlieb Steen & Hamilton LLP, on Thursday, May 27, 2021 Editor's Note: Matthew Salerno, Mark McDonald, and James Langston are partners at Cleary Gottlieb Steen

PE Seller May Have Liability for Portfolio Company Concealing Steep Earnings Decline Post-Signing

Posted by Gail Weinstein, Robert C. Schwenkel, and Andrea Gede-Lange, on Tuesday, September 1, 2020 Editor's Note: Gail Weinstein is senior counsel, and Robert C. Schwenkel and Andrea Gede-Lange are partners at Fried, Frank, Harris,

Comment Letter on Control Shares Statutes and Registered Investment Companies

Posted by Phillip Goldstein, Bulldog Investors, on Saturday, August 8, 2020 Editor's Note: Phillip Goldstein is the co-founder of Bulldog Investors. This post is based on his letter to the SEC Division of Investment Management.

SEC Identifies Private Fund Deficiencies

Posted by Brian T. Daly and Marc E. Elovitz, Schulte Roth & Zabel LLP, on Monday, July 27, 2020 Editor's Note: Brian T. Daly and Marc E. Elovitz are partners at Schulte Roth & Zabel

Navigating Down-Round Financings

Posted by Steve Bochner, Amy Simmerman and Becki DeGraw, Wilson Sonsini Goodrich & Rosati, on Tuesday, May 12, 2020 Editor's Note: Steve Bochner, Amy Simmerman and Becki DeGraw are partners at Wilson Sonsini Goodrich &

Going Private Transactions

Posted by Warren S. de Wied, Philip Richter, and Robert C. Schwenkel, Fried, Frank, Harris, Shriver & Jacobson LLP, on Saturday, April 18, 2020 Editor's Note: Warren S. de Wied, Philip Richter, and Robert C.

Appraisal and Merger Synergies—Right to a Refund on Prepayments

Posted by Gail Weinstein, Brian T. Mangino, and Amber Banks (Meek), Fried, Frank, Harris, Shriver & Jacobson LLP, on Tuesday, March 10, 2020 Editor's Note: Gail Weinstein is senior counsel, and Brian T. Mangino and Amber Banks

Together but Separate: Private Equity Funds Liability for Portfolio Company Pension Obligations

Posted by Rick Giovannelli and Ali U. Nardali, K&L Gates LLP, on Sunday, December 15, 2019 Editor's Note: Rick Giovannelli and Ali U. Nardali are partners at K&L Gates LLP. This post is based on

Approval of Conflicted Transactions in Publicly Traded Limited Partnerships

Posted by Gail Weinstein, Warren S. de Wied, and Steven Epstein, Fried, Frank, Harris, Shriver & Jacobson LLP, on Wednesday, December 4, 2019 Editor's Note: Gail Weinstein is senior counsel and Warren S. de Wied

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