CHEAT SHEET â– â– A hallmark of good governance. Independent investigations when red flags are raised signals to shareholders, regulators, and business partners that the business takes misconduct seriously. â– â– Cooperation credit is cheap. The US Department of Justice has made it clear that it will offer reduced sanctions if an investigated company conducted an independent...
May 25, 2016 SEC Issues New Guidance on Non-GAAP Financial Measures On May 17, 2016, the Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (the “SEC”) issued new and updated Compliance and Disclosure Interpretations (“C&DIs”) of the rules and regulations on the use of non-GAAP financial...
May 16, 2016 Federal District Court Finds Partnership-In-Fact and Holds Private Equity Funds Liable for Portfolio Company’s Withdrawal from Multiemployer Pension Plan In the latest installment in the much-watched Sun Capital litigation, on March 28, 2016, the United States District Court for the District of Massachusetts issued a decision finding a group of private equity funds...
June 5, 2013 SCOTUS Lets Stand Security Interest in Proceeds of Bankruptcy Transfer of FCC License On May 13, 2013, the Supreme Court declined to review the ruling of the United States Court of Appeals for the Tenth Circuit1 that had held that a security interest may extend to the “proceeds” of the future transfer of a license holder’s interest in its Federal...
April 15, 2016 Treasury Department Issues New Regulations to Further Limit Corporate Inversions and New Debt/Equity Regulations to Limit Earnings Stripping On April 4, 2016, the Treasury Department issued a broad package of temporary and proposed regulations (the “Regulations”) intended to reduce the benefits—and limit the number—of corporate inversions,...
February 29, 2016 NYSE Requires Foreign Private Issuers to File Semi-Annual Unaudited Financial Information The New York Stock Exchange (“NYSE” or the “Exchange”) has amended its rules to require NYSE listed foreign private issuers to submit a Form 6-K to the Securities and Exchange Commission (“SEC”) containing semi-annual unaudited...
AND 88 8 SER V H NC THE BE ING 1 BA R SINCE www. NYLJ.com Wednesday, February 24, 2016 Volume 255—NO. 35 Expert Analysis ANTITRUST Concert Venue Tying Claims Rejected T he U.S. Court of Appeals for the Fourth Circuit ruled that a national concert promoter and venue operator did not engage in unlawful tying because the evidence showed it did not coerce artists to perform at...
80 Pine Street, New York, NY 10005-1702 | 212.701.3000 cahill.com | New York | Washington D.C. | London 'Watch Your Attitude, Petitioning Creditors!' Third Circuit Rules That an Involuntary Bankruptcy Filing Must Be Made in Good Faith Date: 02/01/16 Source: The Bankruptcy Strategist. Volume 33, Number 4 • February 2016 The Bankruptcy Code contains relatively clear and...
January 26, 2016 FTC Revised Antitrust Thresholds: HSR Pre-Merger Reporting Threshold Increased to $78.2 Million The Federal Trade Commission (“FTC”) announced its annual revision to the thresholds for the premerger reporting of proposed acquisitions to the United States antitrust authorities under the Hart-ScottRodino Antitrust Improvements Act of 1976, as amended (the...
A N E W Y O R K L A W J O U R N A L S P E C I A L S E C T I O N NYSBA Annual Meeting January 25-30 | Hilton New York www. NYLJ.com Monday, jAnuary 25, 2016 Applying the Rule of Reason In Antitrust Cases A mong many topics explored by the Antitrust Section this past year, we devoted several programs to courts’ interpretation and application of the “rule of...
AND 88 8 SER V H NC THE BE ING 1 BA R SINCE www. NYLJ.com Wednesday, december 23, 2015 Volume 254—NO. 120 Expert Analysis ANTITRUST U.S. Brings Computerized Price-Fixing Charges T he U.S. Department of Justice brought criminal charges against online retailers for conspiring to fix prices by utilizing algorithm-based pricing software, among other means. The U.S. Court...
Corporate Counseling Committee Monthly Antitrust Update Program October 2015 Lauren Rackow The Corporate Counseling Committee’s Monthly Update program presented on November 9, 2015 by Cahill Gordon & Reindel LLP, with speakers David Januszewski, Elai Katz, Richard Kelly, and Lauren Rackow, covered private and government antitrust litigation, mergers, and international...
AND 88 8 SER V H NC THE BE ING 1 BA R SINCE www. NYLJ.com tuesday, october 27, 2015 Volume 254—NO. 81 Expert Analysis ANTITRUST Prohibitions on Paying College Athletes For Use of Images in Video Games T he U.S. Court of Appeals for the Ninth Circuit decided that rules prohibiting student-athletes from being paid for the use of their names, images and likenesses in video...