Searching Content by Rachel Wolkinson from Proskauer Rose LLP ordered by Published Date Descending.
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International Comity And Deference: A Foreign Government With Final Say When Interpreting Its Own Laws
On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior
United States
26 Sep 2016
Second Circuit: Intent To Harm Is Not Required For Criminal Conviction Under Investment Advisers Act
The U.S. Court of Appeals for the Second Circuit yesterday affirmed the fraud conviction of a registered investment adviser and held that proof of intent to harm is not an element of a criminal conviction...
United States
9 May 2016
SEC Accepts DC Circuit's Decision Vacating Retroactive Punishment
When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in July 2010, it authorized the SEC to impose certain newly-enacted remedial sanctions...
United States
19 Oct 2015
SEC Sanctions Hedge Fund Advisory Firm For Improper Valuations Of Illiquid Securities
The SEC charged that the overvaluations improperly increased the management and performance fees collected by the adviser.
United States
7 Jul 2015
SEC's Data-Driven Analysis Identifies Allegedly Improper Trade Allocations By Investment Advisor
The Order initiating proceedings states that DERA analyzed the firm's allocation of options trades over 35 months, from February 2010 to January 2013.
United States
2 Jul 2015
Delaware Governor Signs Bill Prohibiting Bylaws On Fee-Shifting
Last week, Delaware Governor Jack Markell signed Senate Bill 75, which amends the Delaware General Corporation Law to prohibit Delaware stock corporations from adopting bylaws that force shareholders to pay legal fees...
United States
2 Jul 2015
Delaware House Passes Bill Prohibiting Bylaws On Fee-Shifting
The Delaware Senate passed the same bill last month, as we reported here. The bill now heads to Governor Jack Markell for signature.
United States
15 Jun 2015
Delaware Senate Passes Bill Prohibiting Bylaws On Fee Shifting
The bill passed on a 16-5 vote and now heads to the Delaware House of Representatives.
United States
14 May 2015
Delaware Legislature To Consider New Fee-Shifting Legislation
On April 29, 2015, Senator Bryan Townsend introduced legislation that would amend the Delaware General Corporation Law (DGCL) to ban fee-shifting bylaws for Delaware stock corporations.
United States
7 May 2015
State Bar Council Proposes New Legislation For Delaware Fee-Shifting Ban And Delaware Court Of Chancery Considers Fee-Shifting Bylaw
In December, we reported on the Delaware Court of Chancery's continued validation of board-adopted forum-selection bylaws in City of Providence v. First Citizens BancShares, Inc. , 99 A.3d 229, 234 (Del. Ch. 2014)..
United States
23 Mar 2015
Proskauer Hedge Fund Seminar Recap: Fallout From The Second Circuit’s Insider-Trading Ruling
On Thursday, February 5, 2015, Ralph C . Ferrara, Robert J. Cleary and Jonathan E. Richman were invited to Proskauer’s Hedge Fund Breakfast Seminar to speak about the Second Circuit’s insider-trading ruling in Newman/Chaisson.
United States
11 Feb 2015
Delaware Legislature To Resume Debate In January On Bylaws Imposing Liability On Shareholders
The ability of corporations to impose liability on shareholders through bylaws and charter provisions has been the subject of much debate recently.
United States
19 Dec 2014
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