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
Category Archives: The Law
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
If you are acquiring another business, or if someone is trying to buy your own company, what questions will be asked as part of acquirer due diligence? The list is a matter of common sense; although AI is complex and … Continue reading
The Federal Government requires virtually all businesses formed in the United States before this year-end, regardless of form of entity and regardless of line of enterprise, to register during 2024 and disclose all owners; if you form a new business … Continue reading
This is the first, brief post based on this morning’s program at Boston’s Seaport Hotel sponsored by National Association of Corporate Directors–New England. (Disclosure: I am on the Advisory Board to, and Secretary of, NACD-New England). At the end of … Continue reading
The law relating to nonfungible tokens continues to limp along without clear guidance. In the past, the SEC has taken the general position that if you sell an NFT based on the express or implied promise of making a profit … Continue reading
I have previously posted about the issue of whether US copyright protection is available for art or text created by use of artificial intelligence. On August 18, the United States District Court for the District of Columbia denied copyright protection … Continue reading