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
Category Archives: The Law
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
Last week the SEC promulgated two new rules which are of great impact on large-scale securities investors and the firms that advise them. The below merely touches certain highlights and, I must emphasize, as with all things posted here, does … Continue reading
To review: a SPAC is an entity formed with the intent of acquiring an emerging private company which it will then operate, paying for that acquisition in stock. The cash previously raised from investors in the empty (shell) SPAC is … Continue reading
Two days ago, the Federal Trade Commission and the Department of Justice issued new and more restrictive guidelines for when the government will challenge business combinations in various categories. These new guidelines define when the government will take action, and … Continue reading
Today the SEC issued its report on the definition of an “accredited investor” under the Securities Act of 1933. This report is not only a cautionary tale for the future of capital raises exempt from substantial SEC regulation, but also … Continue reading
On December 7, the Federal Trade Commission, the Department of Justice and the Department of Health and Human Services jointly announced an intent to focus on anti-competitive practices in the pharma market and in healthcare service delivery. The announcement was … Continue reading
SCOPE OF THIS POST: A general orientation, in one place, of this new Federal law, the Corporate Transparency Act (“Act”). I have found that clear basic information is spotty and not easily found. This post is intended to inform general … Continue reading
How should corporate directors perform their fiduciary duties in the face of the numerous global crises currently assailing the operations of their corporations? Dean Bhaskar Chakravorti of Tuft’s Fletcher School of International Affairs suggested the appropriate mind-set for corporate boards … Continue reading
I am not making this up. When you fire someone you should obtain a Severance Agreement in exchange for granting severance pay or other considerations not otherwise mandated. Standard language in such agreements seeks to assure the employer, providing separation … Continue reading