A Renewed Emphasis on ABA Model Rule 4.2
Depending on the specific subdivision of the law being applied, federal courts will treat even the most upstanding marijuana business either the same as any legitimate business, or as a miscreant wit…
Business Law Today: December 2022
Cover Story
Articles and Features
SEC Adopts Rules for Mandatory Clawback Policies
The SEC’s Final Rules implementing the clawback provisions of the Dodd-Frank Act will require companies to adopt clawback policies and provide related disclosures.
Key Readiness Tactics for a Software Audit, Part One: Software Audit Steps and Management
Software audits have become increasingly sophisticated. This article delves into what to do upon receipt of an audit demand, what the audit process looks like, tips for managing audits, and more.
In Search of Reasonableness: The Exercise of Professional Judgment by Underwriters and Its Implication for Judicial Determinations of Reasonableness
This article explores the broad range and inevitable role of professional judgments by underwriters in registered securities offerings and the relevance to judicial determinations of reasonableness o…
OCC Advises “Careful and Cautious” Approach to FinTech-Bank Partnerships
Acting Comptroller of the Currency Michael J. Hsu's remarks “Safeguarding Trust in Banking: An Update” reflect that the OCC will increase scrutiny on bank-FinTech partnerships to ensure consumer conf…
Recent Decisions Relevant to the MBCA
This article describes recent Del. decisions relevant to the Model Business Corporation Act—one related to determining surplus to support distributions and the other involving director duties in asse…
Litigation Finance: A Modern Financial Tool for Corporate Counsel
Litigation finance is the practice of a third party providing capital to a plaintiff. It can support the pursuit of meritorious litigation and ensure the financial survival of thinly capitalized comm…
Two Hot Button SPAC Issues as We Wrap Up 2022
Delving into two key questions for many SPAC teams right now: How can our SPAC team handle the new 1% excise tax? Are there new avenues to get a SPAC deal done?
The Role of Contract Attorneys in Achieving Diversity Goals
Achieving the diversity goals of your firm or department requires attention to attracting a diverse group of new talent and working to support and retain attorneys already on your team.
Cryptocurrency’s Impact on BSA/AML and Sanctions Programs
As part of a company’s BSA/AML and sanctions programs, it is critical to prevent sanctioned persons and other illicit actors from exploiting digital currency for illicit and criminal purposes.
Month-In-Brief
December 2022 in Brief: Bankruptcy & Finance
Bankruptcy & Finance Law Month-in-Brief update, December 2022: Purchase of Lien by Straw Man Lands Counsel in Criminal Trouble.
December 2022 in Brief: Business Regulation & Regulated Industries
Business Regulation & Regulated Industries Month-in-Brief update, Dec. 2022: IRS Delays New $600 1099-K Threshold & more, from banking to health law.
December 2022 in Brief: Business Litigation & Dispute Resolution
Business Litigation & Dispute Resolution update, December 2022: BuzzFeed Employee Suit Governed by Corporate Charter, not Arbitration Clause, and more.
December 2022 in Brief: Corporations, LLCs & Partnerships
Corporations, LLCs, & Partnerships Month-in-Brief update, Dec. 2022: Del. Supreme Court reverses decision in Boardwalk Pipeline Partners, LP v. Bandera Master Fund LP, and more.
December 2022 in Brief: Internet Law & Cyber-Security
Internet Law & Cybersecurity Law updates, Dec. 2022: NY Department of Financial Services Proposes Amendments to Cybersecurity Requirements for Financial Services Companies; Delaware Adopts Revised Un…
December 2022 in Brief: Legal Opinions & Ethics
Legal Opinions & Ethics Month-in-Brief updates, December 2022: New York Is the First State to Require Cybersecurity CLE, & more.
December 2022 in Brief: Securities Law
Securities Law Month-in-Brief update, December 2022: C&DI Updates on Non-GAAP Financial Measures, SEC Adopts Amendments to Rule 10b5-1, and more.