On March 18, 2020, a unanimous Delaware Supreme Court held in Salzberg v. Sciabacucchi that provisions in a Delaware corporation’s certificate of incorporation requiring actions arising...
Davis Polk partners Arthur Burke, Arthur Golden, Ronan Harty, Jon Leibowitz, Neal Potischman, Howard Shelanski and Jesse Solomon and counsel Christopher Lynch and Mary Marks authored a ...
On November 6, 2019, the FTC unanimously found that a consummated 2017 merger of prosthetics manufacturers violated United States antitrust law, ordering the purchaser to divest completel...
On September 3, the United States District Court for the Eastern District of New York unsealed an order ruling that, under certain circumstances, the Mandatory Victims Restitution Act—w...
On August 6, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance on the steps companies should take in order to receive cooperation credit in the SFO’s chargi...
On March 6, 2019, CFTC Director of Enforcement James McDonald said the agency is pursuing foreign corrupt practices that constitute violations of the Commodities Exchange Act, with some i...
On December 26, 2018, the Ninth Circuit issued a decision in a shareholder derivative action that alleged that Disney’s board of directors and several corporate officers participated in...
On August 24, 2018, the Second Circuit held in
United States v. Hoskins
that a nonresident foreign national cannot be found liable for violating the anti-bribery provisions of the Fore...
On July 17, the Ninth Circuit issued a decision holding that an overseas company with unsponsored ADRs trading in the United States on the over-the-counter market can be liable for violat...
On June 28, 2018, the Securities and Exchange Commission (“SEC”) voted to propose amendments to the rules governing its whistleblower program. These changes include expanding the typ...
