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On April 10, 2009, the Securities and Exchange Commission (the “SEC”) published proposed amendments to Regulation SHO that would impose new restrictions on short sales. As proposed, t...
In an important decision published last week, the Federal Circuit affirmed a decision by the Northern District of Texas, holding that a covenant not to sue in a settlement agreement autho...
In March 2008, the Paulson Treasury issued its Blueprint for a Modernized Financial Regulatory Structure (the “Paulson Blueprint”), in which Treasury recommended the establishment of ...
In an important decision published last week, the Second Circuit reversed a decision by the Southern District of New York Bankruptcy Court, which had held that premiums payable to the Pen...
President Obama’s budget proposal, released on February 26, 2009, contained the following line item: “Tax carried interest as ordinary income.” On April 3, Representative Sander Lev...
Despite credit market turmoil and declines in deal activity, antitrust remains an important consideration in M&A transactions involving private equity buyers and sellers. The Obama admini...
In an open meeting held today, the Securities and Exchange Commission voted unanimously to issue proposals to revive restrictions on short sales in equity securities.
On March 14, 2009, news media reported that American International Group, which had received more than $170 billion in government assistance under TARP, would honor obligations to pay app...
On March 26, 2009, SEC Chairman Shapiro testified before the Senate Committee on Banking, Housing and Urban Affairs with regard to SEC objectives for investor protection enhancement and s...
The reorganization or liquidation of most types of companies is governed in the United States by a single federal law—the US Bankruptcy Code (the “Bankruptcy Code”). As a result, no...