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HTMLDivision of Corporation Finance Provides Guidance on Determining Qualified Institutional Buyers Under Rule 144A
Greenberg Traurig LLP;
Legal Alert/Article
December 21, 2016, previously published on December 19, 2016
On Dec. 8, 2016, the SEC Division of Corporation Finance issued six new CDIs with respect to Rule 144A under the Securities Act of 1933, as amended. Rule 144A provides that a person complying with its provisions and participating in a distribution of securities to “qualified institutional...

 

HTMLA View from Amsterdam: Continuing Renewal of Dutch Corporate Law
Martijn W.S. Hermus, Thedoor Melchers, Paul Westhoff; Greenberg Traurig, LLP;
Legal Alert/Article
December 21, 2016, previously published on December 5, 2016
As part of a continuing effort of the Dutch government to modify the existing corporate legislation in the Netherlands to address today’s needs, a legislative proposal has been published that facilitates the cross-border migration of Dutch BVs and NVs to another EU member state.

 

HTMLSEC Provides Disclosure Guidance at the 2016 AICPA National Conference
Greenberg Traurig LLP;
Legal Alert/Article
December 21, 2016, previously published on December 19, 2016
During the recent 2016 AICPA National Conference, SEC staff, including Wesley Bricker, the newly appointed Chief Accountant, provided issuers disclosure guidance for 2017.

 

HTMLDigital Single Market Update: Official Draft EU Copyright Directive and Regulation Published
Viola Bensinger, Christoph Enaux, Stefan Lütje; Greenberg Traurig Germany, LLP;
Legal Alert/Article
December 21, 2016, previously published on November 30, 2016
On September 14, the EU Commission published its proposals for a new Copyright Regulation and Copyright Directive. The proposals are part of the Commission's strategy for a Digital Single Market, which was announced in May 2015 and first substantiated by an action plan for modernizing European...

 

HTMLSEC Sanctions Demonstrate Broad Reach of Internal Controls and Books and Records Requirements
Greenberg Traurig LLP;
Legal Alert/Article
December 21, 2016, previously published on December 19, 2016
On Dec. 2, 2016, the SEC announced an agreement with a major airline to settle charges in connection with the company’s reinstatement of an unprofitable flight route to curry favor with a senior public official. The SEC alleged that the company violated Sections 13(b)(2)(A) and (B) of the...

 

HTMLThe Equality Act (Gender Pay Gap Information) Regulations 2017
Robert E. Collier-Wright, Naomi Feinstein, Russell D. Lamb; Greenberg Traurig, LLP;
Legal Alert/Article
December 21, 2016, previously published on December 19, 2016
The final draft of the Equality Act (Gender Pay Gap Information) Regulations 2017 (the Regulations) and accompanying Explanatory Memorandum was published 6 December 2016. Subject to parliamentary approval, the Regulations will come into force 6 April 2017. The Regulations introduce a mandatory...

 

HTMLCouncil of Institutional Investors warns of “Zombie” Directors on Corporate Boards
Greenberg Traurig LLP;
Legal Alert/Article
December 21, 2016, previously published on December 19, 2016
The Council of Institutional Investors, or CII, released an advisory article on “zombie” directors on corporate boards. A zombie director is a director who failed to win majority support of shareholders in an annual election, regardless of the company’s vote requirement, but still...

 

HTMLA View from Israel: Of Sand Castles and Sandbagging
Aaron R. Katz; Greenberg Traurig, LLP;
Legal Alert/Article
December 21, 2016, previously published on December 5, 2016
When I was a summer associate at Greenberg Traurig in Chicago, I took part in the firm’s annual corporate mock deal for its summer associates. Our summer class split into two teams that were involved in a fictional transaction involving the sale of a diamond business and its property, with...

 

HTMLDivision of Corporation Finance Provides Guidance on Regulation S
Greenberg Traurig LLP;
Legal Alert/Article
December 21, 2016, previously published on December 19, 2016
On Dec. 8, 2016, the SEC Division of Corporation Finance issued six new CDIs applicable to Regulation S under the Securities Act, which provides a registration exemption for the issuance of securities in offshore transactions to persons other than “U.S. persons.” A U.S. person includes...

 

HTMLThe Attorney-Client Privilege Post-Merger
Kenneth A. Gerasimovich, Sheran Sharafi; Greenberg Traurig, LLP;
Legal Alert/Article
December 21, 2016, previously published on December 5, 2016
Attorneys should keep in mind the importance of preserving the attorney-client privilege during the course of an M&A transaction and understand (and cause the client to understand) which communications regarding the transaction are protected by the attorney-client privilege and what actions may...

 


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