LexBlog Presents
Top Stories in...
Corporate & Commercial
January 01, 2023
View in browser »
Top Stories

Shining a Light on the Corporate Transparency Act: FinCEN’s Rules for Beneficial Ownership Reporting
by Andrew Bettwy, Ryan Blaney, Stephanie Heilborn, Jeffrey A. Horwitz, Seetha Ramachandran, Yuval Tal, Elanit Snow, Amy Gordon and Portia Proctor

On January 1, 2021, Congress enacted the Corporate Transparency Act as part of the Anti-Money Laundering Act of 2020 to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity.” FinCEN issued the final rule on Beneficial Ownership Information Reporting Requirements on September...

Bill Would Allow Shareholders To Phone It In
by Keith Paul Bishop

Currently, the California Corporations Code prohibits a California corporation from conducting a meeting of shareholders solely by electronic transmission by and to the corporation, electronic video screen communication, conference telephone, or other means of remote communication unless one or more of the following conditions apply: (A) all of the shareholders consent; (B) the board determines...

Facial Recognition and Judiciary Law 487
by Andrew Lavoott Bluestone

Hutcher v Madison Sq. Garden Entertainment Corp. 2022 NY Slip Op 34417(U)December 23, 2022 Supreme Court, New York County Docket Number: Index No. 653793/2022 Judge: Lyle E. Frank is already a famous case. Banned from MSG, these attorneys took to the courts. The present action anses out of Defendant MADISON SQUARE GARDEN ENTERTAINMENT CORP.’s (“MSG”)...

Wachtell Lipton Discusses Antitrust and ESG
by Adam O. Emmerich, Jonathan M. Moses, Damian G. Didden and Sabastian V. Niles

As boards continue to evaluate how environmental, social and governance (“ESG”) considerations factor into corporate operations, some lawmakers and regulators have raised potential antitrust concerns about coordinated efforts.  For example, several U.S. Senators sent letters to law firms admonishing them to advise clients of increased congressional scrutiny of “institutionalized antitrust violations being committed in the...

When Will Shareholders Vote for Socially Beneficial but Costly ESG Policies?  
by Daniel Friedman, John Duffy, Jean Paul Rabanal and Olga Rud

Investors are increasingly interested in whether firms implement environmental, social, and governance (ESG) policies that, for example, reduce the firms’ carbon footprints, diversify their workplaces, or better protect customers’ private information. Some socially beneficial policies (e.g., improving energy-efficiency) may also improve shareholder wealth or would do so with appropriate government actions (e.g., given a carbon...

Deceptive Labeling Class-Action Alert: FDA Proposes Updated “Healthy” Food Label Standard
by Peter S. Lubin and Patrick Austermuehle

The U.S. Food and Drug Administration recently published a proposed rule that, if implemented, would update the labeling standards that food products must meet in order to be labeled as “healthy.” The FDA first established a definition for “healthy” in 1994, and at that time nutrition science and federal dietary guidance focused more on the...

Exclusion Bars Coverage for Insured Company’s Acquisition Underpayment
by Kevin LaCroix

The so-called “Bump-Up” Exclusion found in many D&O insurance policies typically excludes coverage for claims alleging that the insured company, as the acquiror, underpaid or sought to underpay for the acquisition of a target company. However, in a recent decision following a bench trial, in which the court interpreted an unusually worded exclusion that arguably...

FTC Announces Proposed Ban on Noncompete Agreements
by Emily A. Bushaw and Heather Shook

On January 5, 2023, the Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete...

Keep current with a free subscription to LexBlog. Subscribers receive one email each week with the best legal insights written by leading lawyers. Sign up or manage your subscription by clicking the button below
Subscribe for Free

The story behind Sheppard Mullin’s Coronavirus Insights. How Sheppard Mullin worked with LexBlog to pull all of the firm’s COVID-19 related content into a new publication without having to re-upload a single word. Learn More

Our Recent Thinking & Doing
Best of Law Blogging: week in review, dogs and greenwashing

Real Lawyers Have Blogs
Microsoft CEO says ChatGPT To Help Journalists (and bloggers) Write Better
99 Park Row
Hey, the LexBlog Platform has an image library now

This email was sent to rickgeorges@gmail.com
why did I get this?    unsubscribe from this list    update subscription preferences
LexBlog, Inc. · 113 Cherry Street · Suite 41325 · Seattle, WA 98104 · USA