• Our Client Alert looks at potential legal defenses under New York State law to nonperformance of contractual obligations that might occur due to the coronavirus pandemic.

  • On April 9, the Securities and Exchange Commission acted on its proposal published in 2016 and adopted rules that are designed to simplify the scope of “covered clearing agency” in Rule 17Ad-22(a) under the Securities Exchange Act of 1934.

  • Our lawyers summarize practice-by-practice legal and regulatory developments for clients in the new environment.

  • Corporate charter provisions that require shareholders to bring 1933 Act lawsuits in federal court are facially valid, the Delaware Supreme Court has held. See Salzberg v. Sciabacucchi, No. 346, 2019, ___ A.3d ___, 2020 WL 1280785 (Del. Mar. 18, 2020) (“Blue Apron”). The unanimous, en Banc March 18 opinion paves the way for Delaware corporations to adopt those provisions in their charters or by-laws. If widely adopted, those provisions could slow or reverse the trend of 1933 Act lawsuits’ being filed in state court, a trend that has accelerated since the U.S. Supreme Court confirmed in 2018 that investors could file such lawsuits in federal or state court. Given Delaware’s influence in corporate law, Blue Apron’s impact will likely be felt beyond Delaware, including by international companies with subsidiaries incorporated in the U.S. or considering incorporating subsidiaries in the U.S.

  • Read our Client Alert on the National Nursing Home Initiative recently launched by the U.S. Department of Justice.

    The Justice Department has already initiated investigations into approximately 30 individual nursing facilities in nine states as part of this effort.

    The Client Alert from our Health Care Practice outlines eight areas for effective compliance by nursing homes.

  • The Securities and Exchange Commission recently brought and settled short tendering cease and desist proceedings against two broker-dealers.