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HTMLU.S. and EU Extend Deadline for Deal in Iran Nuclear Talks
Kara M. Bombach, Sandra K. Jorgensen, Renee A. Latour; Greenberg Traurig, LLP;
Legal Alert/Article
July 3, 2015, previously published on July 2, 2015
On June 30, 2015, the five permanent members of the U.N. Security Council (China, France, Russia, the United Kingdom, and the United States) plus Germany, the European Union, and Iran agreed to extend by seven days their self-imposed deadline for finalizing a deal regarding Iran’s nuclear...

 

HTMLHedge Fund Investment Advisory Firm Charged with Fraudulent Fund Valuation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 2, 2015, previously published on July 1, 2015
Earlier today, the SEC announced that it has charged a Connecticut-based investment adviser and its two owners with fraudulently inflating the prices of unlisted, thinly-traded residential mortgage-backed securities (RMBS) held in hedge fund portfolios managed by the adviser.

 

HTMLEnbridge Buys Stake in Delfin LNG Offshore Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 2, 2015, previously published on July 1, 2015
Today, Fairwood Peninsula Energy Corp (Fairwood LNG) announced that Enbridge, Inc., has purchased a 5% equity investment in Fairwood LNG and has entered into a Joint Development Agreement with Fairwood LNG to assist in the development of offshore LNG facilities in the Gulf of Mexico. Fairwood LNG...

 

HTMLPrivate Equity Fund Adviser Charged with Misallocating Broken-Deal Expenses
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 2, 2015, previously published on July 1, 2015
The SEC recently announced its first enforcement action brought against a private equity adviser for misallocating “broken-deal” expenses.

 

Adobe PDFDispatches from the Battleground: Will Fee-Shifting Bylaws Keep Shareholders from the Courthouse?
Edward G. Timlin; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
As discussed in the last edition of The Advocate, the Delaware Supreme Court’s May 8, 2014 ruling in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) presents a serious threat to meritorious stockholder litigation. ATP held that a non-stock corporation could adopt a bylaw...

 

Adobe PDFA Matter of Opinion? The Omnicare Decision Will Make it Harder for IPO Issuers to Mask Misrepresentations as Opinion Statements
Dave Kaplan; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
The US Supreme Court delivered a victory for investors last month with a decision that clarifies what companies can say in their IPOs and other securities offerings. In short, the Court’s long-awaited decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund,...

 

Adobe PDFThe Resurgence of the Activist Investor Investors are Challenging Entrenched Corporate Boards — and Winning
John Vielandi; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
Shareholders do not have any direct control over a company’s day-to-day operations. Instead, shareholders enjoy three core rights: the right to sell, the right to sue, and the right to vote. Electing directors to manage and oversee the company, and voting on other important matters, are...

 

HTMLCanadian SPACS Ride the Lightning - Summer 2015
William J. E. Jones, Jonathan Poirier, Manoj Pundit, Jason M. Saltzman; Borden Ladner Gervais LLP;
Legal Alert/Article
June 26, 2015, previously published on June 24, 2015
The Canadian capital markets are abuzz with optimism around the development and proliferation of the SPAC program in 2015. On June 22, 2015, the TSX hosted an information session on the SPAC program with panels on the Canadian experience to date contrasted with the US SPAC experience. The programme...

 

HTMLMarrying the Rules for ETFS and Mutual Funds?
Whitney Bell, Carol E. Derk, Erin Seed; Borden Ladner Gervais LLP;
Legal Alert/Article
June 26, 2015, previously published on June 26, 2015
On June 18, 2015, the Canadian Securities Administrators (the CSA) published for comment proposed rule amendments that introduce a requirement for exchange-traded funds (ETFs) to prepare and file specified “ETF Facts” documents, in addition to the ETF’s prospectus. Under the...

 

HTMLDeadline Approaching for Submission of 2014 BEA Survey of U.S. Direct Investment Abroad and Foreign Direct Investment in the U. S.
Katherine Meyers Cohen, N. Jerold Cohen, Dorothy Black Franzoni, Matthew J. Gries, Michael B. Koffler; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
The Bureau of Economic Analysis (BEA) of the U.S. Commerce Department is conducting its quinquennial (every five years) survey of investment in foreign entities. The BE-10 Benchmark Survey (BE-10 Survey) is the most comprehensive survey of U.S. investment abroad. The collection of this information...

 


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