Private equity investments were considered selective last year, with price being an apparent issue mitigating against deal flow. Perhaps also a lack of sufficient cash-outs constrained available capital. Optimism prevailed at the start of 2026, although to me there did … Continue reading
Category Archives: The Law
This month’s issue of Directorship (the publication of National Association of Corporate Directors) discusses the necessity of having a “tenth man” in the board room when discussing complex matters with substantial risk wherein the board promptly has granted approval. Boards are admonished … Continue reading
Monday the US Equal Employment Opportunity Commission formally deleted support materials permitting affirmative action in cases where it was deemed appropriate to overcome past or present barriers to equal opportunity in employment. This action is not unexpected; it is a … Continue reading
Interesting trends have popped up relative to the use of earn-outs and insurance against seller misrepresentations in acquisition practice. (Tip of the hat to the firm of SRS Acquiom which provides shareholder services in such transactions and periodically reports on … Continue reading
To my mind, few things make less sense than the regulatory status of the prediction markets. A very new phenomenon, prediction contracts first were regulated by various forms of State regulation, toyed with by the SEC and then came under … Continue reading
First, I find that many people do not understand the status of recreational cannabis. It is Federally within Class 1 and thus is not legally available, according to clear reading of Federal law. Since it may nonetheless be available under … Continue reading
Banks are evaluated by a Federal Council staffed by several other agencies, including the Federal Reserve Bank. The existing bank rating criteria, in effect in current form for thirty years, considered capital, asset quality, management quality, earnings, liquidity and exposure … Continue reading
In 2024 the SEC adopted a rule requiring robust reporting of emissions of greenhouse gasses by public companies. The current SEC, under this administration, does not enforce this extant requirement; the rule itself has engendered various lawsuits claiming that the … Continue reading
Every Monday I peruse the legal press to see what’s new, interesting, important. Sometimes it is M&A or capital markets. But this Monday’s mailbox was full of interesting stuff. Posts are supposed to be short revelations, not long rambles– SO … Continue reading
Those readers of my posts no doubt have views about the fees we lawyers charge. Many folks think we are overpaid; we of course bemoan our poverty. Now, another law firm is working to make sure they do not fall … Continue reading