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
Category Archives: The Law
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
The SEC just issued a Rule prohibiting entities, which package and sell to the public asset-backed securities (ABSs), from taking market actions which would profit from a decline in value of those very same ABSs. It is a usual practice … Continue reading
The business press is always carrying stories about suits brought against companies because the company: made a public misstatement that affected the price of its publicly traded shares; the statement was later proven incorrect; and then the stock price fell … Continue reading
Yesterday BlackRock, the huge institutional investor, reported that “most gender-balanced companies [over the last 8 or 9 years] outperformed the least diverse companies by 29%, as measured by average return on assets.” Those companies with women in leadership and who … Continue reading
In the face of growing backlash against DEI efforts in general and questions about the value of corporate positioning to root out alleged systemic racism, yesterday the New England Chapter of National Association of Corporate Directors presented a program on … Continue reading
As part of the Administration’s expanding activity in anti-trust, which includes new proposed Guidance and changes in pre-merger filings under Hart-Scott-Rodino for larger transactions, the FTC for the first time is going to court to make anti-trust violation claims against … Continue reading