• December 16, 2019 | New York Law Journal

    SEC Proposal To Simplify Financial Statement Disclosures

    In his Real Estate Securities column, Peter Fass discusses a release issued by the SEC on May 3, which proposes amendments to the financial disclosure requirements for financial statements of businesses acquired or to be acquired and for business dispositions. The release changes are intended to improve the information investors receive regarding acquired or disposed businesses, reduce complexity and costs of preparing the required disclosures, and facilitate timely access to capital.

    1 minute read

  • October 16, 2019 | New York Law Journal

    No Presumption of Confidentiality for Books-and Records-Productions, Says the Delaware Supreme Court

    In their Corporate and Securities Litigation, Margaret A. Dale and Mark D. Harris discuss a recent Delaware Supreme Court decision in 'Tiger v. Boast Apparel', holding that documents produced pursuant to books-and-records inspection requests under §220 of the Delaware General Corporation Law are not subject to a presumption of confidentiality. Rather, while courts can impose confidentiality restrictions in appropriate cases, there must be some justification that the confidentiality is necessary and indefinite periods of confidentiality should be the exception and not the rule.

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  • October 16, 2019 | New York Law Journal

    SEC Issues Concept Release on Harmonization of Securities-Offering Exemptions

    In his Real Estate Securities column, Peter Fass discusses a concept release issued by the SEC on June 18 which seeks feedback "on possible ways to simplify, harmonize, and improve the exempt offering framework" of the The Securities Act of 1933.

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  • Sycamore Partners Mgmt., L.P. v. Endurance Am. Ins. Co.

    Publication Date: 2019-08-14
    Practice Area: Insurance Litigation
    Industry: Insurance | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David J. Baldwin, Carla M. Jones and Tracey E. Timlin, Potter Anderson & Corroon LLP, Wilmington, DE; John E. Failla, Na-than R. Lander and Alyse Stach, Proskauer Rose LLP, New York, NY for plaintiffs.
    for defendant: Barry M. Klayman and Michael R. Davisson, Cozen O’Connor, Wilmington, DE and Los Angeles, CA for defendant Starr In-demnity & Liab. Co. Elena C. Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael F. Perlis and Cary J. Economou, Locke Lord LLP, Los Angeles, CA for defendant Markel American Ins. Co.

    Case Number: D68669

    A federal district court did not have "related to" jurisdiction over this insurance coverage dispute and abstention was required under federal law, so it remanded the matter to state court.

  • March 25, 2019 | The American Lawyer

    Therium Announces $430M Fund, Pushing Investments Past $1B

    The litigation funder recently opened up a presence in Australia and invests in litigation and arbitration globally.

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  • U.S. v. Klein

    Publication Date: 2019-01-16
    Practice Area: Criminal Law | Securities Litigation
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Chief Judge Robert Katzmann
    Attorneys: For plaintiff: For Appellee: Jo Ann M. Navickas and Julia Nestor, Assistant United States Attorneys, on the brief, David C. Pitluck, Assistant United States Attorney, for Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brooklyn, New York
    for defendant: For Defendant‐Appellant: John E. Roberts, on the brief, Mark D. Harris, Proskauer Rose LLP, New York, New York

    Case Number: 17-3355

    Intent Evidence Supports Tipper's Conviction Where Tippee Traded on Inside Information

  • December 24, 2018 | New York Law Journal

    Qualified Opportunity Zone: Proposed Regulations

    In his Real Estate Securities column, Peter M. Fass discusses the qualified opportunity zone program, which is designed to encourage investment in distressed communities by providing tax incentives. The enacted statutory language left many uncertainties regarding the operation of the opportunity zone program. Proposed Regulations answer some of the most important questions, mostly with taxpayer-friendly answers. However, important questions remain unanswered and additional proposed regulations are expected to be issued in the near future.

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  • J.P. Morgan Securities Inc. v. Vigilant Ins. Co.

    Publication Date: 2018-09-28
    Practice Area: Insurance Litigation | Securities Litigation
    Industry: Financial Services and Banking | Insurance | Investments and Investment Advisory
    Court: Appellate Division, First Department
    Judge: Justice Richard Andrias
    Attorneys: For plaintiff: For Respondents: Steven E. Obus and Seth Schaffer of counsel, Proskauer Rose LLP, New York
    for defendant: For Vigilant Insurance Company and Federal Insurance Company, appellants: James M. McGuire, Daniel M. Sullivan and Gregory Dubinsky of counsel, Holwell Shuster & Goldberg LLP, New York, Joseph G. Finnerty III, Megan Shea Harwick and Eric S. Connuck of counsel, and DLA Piper LLP (US), New York For Liberty Mutual Insurance Company, appellant: Scott A. Schechter, Andrew E. Oldis and Matthew Mawby of counsel, Kaufman Borgeest & Ryan LLP, New York For The Travelers Indemnity Company, appellant: David F. Abernethy of the bar of the State of New Jersey and the State of Pennsylvania, admitted pro hac vice, of counsel, Drinker Biddle & Reath LLP, Philadelphia, PA Marsha J. Indych of counsel, and Drinker Biddle & Reath LLP, New York For National Union Fire Inssurance Company of Pittsburgh, PA, appellant: Kevin J. Windels, Luke D. Lynch and Liza A. Chafiian of counsel, D'Amato & Lynch, LLP, New York For Certain Underwritters at Lloyd's, London, appellant: Edward J. Kirk, Gabriela Richeimer and Matthew Prutting of counsel, Clyde & Co. US LLP, New York For American Alternative Insurance Corporation, appellant: William Ballaine of counsel, Landman Corsi Ballaine & Ford P.C., New York

    Case Number: 600979/09

    Under 'Kokesh' SEC Disgorgement Is Penalty, Not 'Loss'; Banks Not Entitled to Coverage

  • August 7, 2018 | National Law Journal

    Proskauer Lands Corporate Partner From Dechert

    Corporate and capital markets partner William Tuttle traded one out-of-town firm for another in Washington.

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  • July 11, 2018 | International

    Asia Deal Digest: July 12, 2018

    • Skadden advises mobile chat app Momo's $650 million convertible notes offer.• Paul Hastings acting on Korean logistics investment in Illinois.• Allen & Gledhill guides Singapore's first retail private equity bond.

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