Delaware law is known to be friendly to management and to boards of directors. Company founders and investors long have favored Delaware corporate law as being best for establishing good governance, predictability of result, and freedom from strike suits by … Continue reading
Category Archives: The Law
First, there is no rush for employers or employees to react; the original FTC Rule was to take effect after 120 days of publication, but as anticipated litigation has been entered by several parties including the US Chamber of Commerce … Continue reading
The adopted FTC Rule voids all present and future employee non-comps after a 120 day waiting period. This Rule will surely be challenged in court and such a challenge likely will delay implementation. It should be noted that the scope … Continue reading
Last week, the US Patent and Trademark Office issued guidance asking that lawyers submitting patent applications limit the number of references cited in the filing as constituting “prior art;” prior art refers to older inventions that should be considered in … Continue reading
Today the National Association of Corporate Directors/New England and the Massachusetts Business Roundtable presented a panel program about making Massachusetts the leader in hosting businesses that support climate sustainability. Globe business reporter Jon Chesto chaired the meeting. The accepted assumption … Continue reading
Some investment advisers provide service only over the internet. Until now they filed ADVs (disclosure of their practice) with the SEC but did not need to register with the SEC. Until now they could advise only over the internet except … Continue reading
Today the SEC adopted sweeping disclosure requirements by which public companies over the next few years will compel detailed recitation of two kinds of climate information: what the company emits directly and indirectly, and what risk it fears from climate … Continue reading
The SEC has pending a proposed regulation, anticipated for adoption before the end of this year, requiring brokers and advisers to remove data analytics which would put the firm’s interests before the interests of investors. Separately, while speaking this week … Continue reading
The US economy in 2023 was not really soft, but it was perceived as such and market valuations of enterprises held by PE funds were depressed. PE Fund refrained from cashing out their investments, hoping that values would rise in … Continue reading
The Sarbanes Oxley Act provides that the Federal Government can grant payment to individuals who report illegal actions in connection with securities offerings, and where the government finds that in fact illegal actions occurred. The statute is often invoked to … Continue reading