Publication
2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
When stock prices drop for reasons unrelated to company fundamentals, those companies are vulnerable to opportunistic activists and potential unsolicited acquirors, who can otherwise acquire a large stake before filing a Schedule 13D or 13G or HSR Form. In addition, the CARES Act has provided for enhanced NOL carryback opportunities for some companies, increasing the need to protect their NOL assets. In both cases, companies need to consider measures to protect their shareholders to enable them to benefit from the return to more normal share prices or to realize the value of their NOL assets. In fact, 2020 has already seen a significant uptick in preemptive standard and NOL pill adoption.
View key areas public company boards should consider in the current environment.
Publication
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Publication
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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