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HTMLEligibility Criteria Relaxed for Citizenship by Investment Program
Fragomen Del Rey Bernsen Loewy LLP;
Legal Alert/Article
October 17, 2016, previously published on October 7, 2016
Foreign entrepreneurs, investors and their families will be subject to more flexible citizenship eligibility criteria on or after October 31, 2016, including a lower minimum investment amount and more investment options.


HTMLIn GAMCO v. Vivendi, the Second Circuit Affirms that Value Investors Can Rely on the Fraud-on-the-Market Presumption Unless Specific Facts Establish Non-Reliance
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 13, 2016, previously published on October 11, 2016
On September 27, 2016, the Second Circuit ruled against an opt-out action brought in the continuing Vivendi litigation. The recently issued opinion, however, does have positive implications for institutional investor class participants. First, the opinion confirms the availability of the...


HTMLIn The Wake of the Yahoo Breach, the CSA Offers Timely Guidance to Public Companies
Joseph DiPonio; Borden Ladner Gervais LLP;
Legal Alert/Article
October 13, 2016, previously published on October 7, 2016
On September 22nd, 2016 Yahoo Inc. ("Yahoo") - in the midst of a US$4.8 billion deal to sell its core business to Verizon Communications Inc. - disclosed that certain user account information, such as names, email addresses, telephone numbers, dates of birth and passwords, were swiped...


HTMLCanadian Appellate Court Confirms That Judges Must Consider Evidence From Both Parties when Deciding a Motion for Leave to Bring a Class Action
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 13, 2016, previously published on October 5, 2016
As detailed repeatedly in this space, the Canadian court system has issued a number of decisions which have altered the practice of bringing - or defending against - a securities class action for secondary market misrepresentation. In its recent decision in Mask v. Silvercorp Metals, Inc....


HTMLChoosing an Investment Adviser for a Special Needs Trust
Chambliss Bahner Stophel P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 5, 2016
Money exchangeTrustees of special needs trusts have a duty to properly manage the funds in their care. However, most trustees, especially non-professional ones, are not sophisticated investors and they should not be directly managing the investment of large sums of money. This does not mean that...


HTMLNew Proposed RIC Regulations
John Kaufmann, Carl J. Riley; Greenberg Traurig, LLP;
Legal Alert/Article
October 10, 2016, previously published on October 5, 2016
It is a good thing to qualify as a Regulated Investment Company (a “RIC”). All domestic corporations are subject to income tax on their net taxable income. Regular domestic corporations (“subchapter C corporations”) are taxed on their income before they distribute dividends...


HTMLA Review of the STADA Arzneimittel Proxy Contest and the Activism Landscape in Germany
Ron S. Berenblat, Andrew M. Freedman, Steve Wolosky; Olshan Frome Wolosky LLP;
Legal Alert/Article
October 3, 2016, previously published on September 27, 2016
Active Ownership Capital (“AOC”), an activist investment company that takes minority positions in undervalued small to mid-size publicly traded companies in Western Europe and the Nordics, recently won a small, but significant, victory in a proxy battle it waged against STADA...


HTMLCourt in LendingClub Class Action Requires Due Diligence by Lead Plaintiff Before Approving Lead Counsel
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 28, 2016, previously published on September 27, 2016
In a recent decision in the now-consolidated LendingClub class action cases, Judge William Alsup of the Northern District of California appointed a lead plaintiff but unexpectedly declined to appoint lead counsel at the same time. Instead, the judge ordered that candidates for lead counsel must...


HTMLAccess to Capital for Small and Medium-Sized Businesses - ASC Adopts New Capital-Raising Initiatives for Start-Up Businesses
Alex Bruvels, Jonathan L. Doll; Borden Ladner Gervais LLP;
Legal Alert/Article
September 23, 2016, previously published on September 19, 2016
The Alberta Securities Commission (ASC) has adopted ASC Rule 45-517 Prospectus Exemption for Start-Up Businesses (Start-Up Exemption) which came into effect July 19, 2016. The Start-Up Exemption is a prospectus exemption intended to allow Alberta-based small and start-up issuers to raise modest...


HTMLUpdate on the New Saudi Arabian Companies Law and SAGIA Announcements
Mahmoud Alsaif, Prem Anand; Jones Day;
Legal Alert/Article
September 22, 2016, previously published on September 2016
The new Saudi Arabian Companies Law, discussed in our November 2015 Commentary, came into effect on May 2, 2016.[1] In connection with the new law coming into force, the Ministry of Commerce and Investment ("MOCI") has published model forms for the Articles of Association and By-Laws for...


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