Searching Content indexed under Corporate/Commercial Law by Mintz ordered by Published Date Descending.
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Second Circuit Summarily Affirms The Attorneys' Fees Award In The Foreign Exchange Antitrust Settlement After District Court Rejects Class Counsel's Side Deal With The Objector
On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the Foreign Exchange Antitrust Settlement.
United States
4 Dec 2019
5 Key Reasons To Ensure Ongoing Compliance With State Distributor Licensing Requirements
Manufacturers and other drug developers should be cognizant of the fact that proper licensing is required in order to distribute prescription drugs.
United States
12 Nov 2019
Are Bankruptcy Blocking Provisions in Corporate Governance Documents Enforceable?
It has long been the law that creditors are rarely entitled to contractually prohibit a debtor from filing for bankruptcy, whether such restriction is contained in the debt instruments
United States
6 Nov 2019
HHS Proposes Sweeping Changes To AKS And Stark Law, Part 3: Personal Services And Management Contracts, Outcomes-Based Payments, And Warranties
This post is the third installment of our blog series on recent proposed rules from the Department of Health & Human Services (HHS) that, if finalized, would implement major changes to the...
United States
5 Nov 2019
Commentary Uniform Commercial Code Financing Statement Is Integral In Bond Defaults
Proper attention to the unsexy "Uniform" Commercial Code financing statement may well be the single most consequential checklist item in a secured bond financing from the perspective of bondholder ...
United States
2 Oct 2019
Compounding Pharmacy And Private Equity Firm Owner Agree To $21 Million Settlement To Resolve FCA Allegations
The Department of Justice (DOJ) recently announced that it has agreed to a $21.36 million settlement with compounding pharmacy Diabetic
United States
26 Sep 2019
Incorporation By Reference Of A Commercial Contract's Arbitration Clause Can Bind A Non-Signatory Performance Bond Surety
Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common law basis for binding
United States
11 Sep 2019
Energy & Sustainability M&A Activity – August 2019
Harsco (Air-X-Changers), a subsidiary of Harsco, was acquired by Chart Industries for $592 million.
United States
22 Aug 2019
Eleventh Circuit Confirms The FCC's Solicited Fax Rule Is Dead And Reverses Course On Interpretation Of The Hobbs Act In TCPA Appeal
In Gorss Motels, Inc. v. Safemark Systems, Inc., the Eleventh Circuit considered whether two hotel franchisees provided prior express permission to receive faxes from Safemark Systems, the franchisor's affiliate, and, if so, ...
United States
21 Aug 2019
Utilizing Derivative Action Litigation (Video)
Seth Goldman explains how derivative action litigation can be an effective strategy for minority shareholders and discusses the favorable settlement Mintz achieved on behalf of client using this approach.
United States
20 Aug 2019
Judge Rakoff Unseals Documents In Petrobras Securities Class Action To Allow Use In Foreign Arbitration, Bypassing Traditional Requirements Of 28 U.S.C. § 1782
Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff
United States
16 Aug 2019
Three Things To Learn From Delaware Supreme Court's Opinion On Board Of Director Oversight Duties (Marchand v. Barnhill)
In June 2019, the Delaware Supreme Court issued a decision reaffirming director liability where there is no board-level reporting process for essential compliance matters.
United States
8 Aug 2019
Delaware Court Of Chancery Reaffirms Entire Fairness Standard In Director Compensation
On May 31, 2019, in Stein v. Blankfein, et. al., the Delaware Court of Chancery reaffirmed the Delaware Supreme Court's holding in In re: Investors Bancorp, Inc. Stockholder Litigation that the "entire fairness" standard ...
United States
21 Jun 2019
You've Got Mail! Emails May Be Subject To Stockholder Books And Records Requests
Delaware corporations have always been required to provide certain information to their stockholders under Section 220 of the DGCL, but the scope and form of that information has naturally changed as technology advances.
United States
18 Jun 2019
Supreme Court Denies Opportunity To Clarify Whether The Federal Securities Laws Carry A Duty To Update
On May 20, 2019, the U.S. Supreme Court denied defendants-appellees' petition for certiorari in Hagan v. Khoja.
United States
5 Jun 2019
The Impact Terms Project: Defining The Standard For Impact
The Impact Terms Project ("ITP") was launched as a platform intended to provide guidance on best practices to entrepreneurs, investors and other stakeholders in the rapidly-evolving social enterprise space.
United States
16 May 2019
Tenth Circuit Affirms Extraterritorial Reach Of SEC Enforcement Of The Federal Securities Laws
In the Traffic Monsoon litigation, the U.S. Court of Appeals for the Tenth Circuit held that the enforcement provisions of the Securities Act and the Exchange Act reach Traffic Monsoon's sales
United States
16 May 2019
Blockchain In Energy: Recent SEC Guidance On Tokenization
On Wednesday, April 3, the U.S. Securities and Exchange Commission published much anticipated guidance regarding blockchain and initial coin offerings.
United States
30 Apr 2019
Can I Raise Venture Capital As A Public Benefit Corporation?
As societies and markets increasingly insist that corporations generate positive social impact alongside profit, investors have taken notice.
United States
5 Apr 2019
Judge Dismisses FCA Claims Against Compounding Pharmacy And Private Equity Firm Owner But Allows The Government To Amend
Last week, a U.S. district court judge in the Southern District of Florida upheld a magistrate judge's decision to dismiss FCA allegations against a compounding pharmacy, its private equity firm owner...
United States
22 Mar 2019
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