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Articles

Blacklisting Icahn: How Some Drug Companies Keep Out Activists

By Miles Weiss

This article addresses how pharmaceutical companies take precautions against activist firms when using their shares as currency for an acquisition. These bans have gone largely unnoticed by the activist managers, who say shareholders may be harmed when a company limits who can buy its shares.

Articles

Department of Justice and Federal Trade Commission: Antitrust Policy Statement on Sharing of Cybersecurity Information Executive Summary

Through this Statement, the Department of Justice’s Antitrust Division (the “Division”) and the Federal Trade Commission (the “Commission” or “FTC”) (collectively, the “Agencies”) explain their analytical framework for information sharing and make it clear that they do not believe that antitrust is – or should be – a roadblock to legitimate cybersecurity information sharing.

Articles

Liability of Holding Companies

By CMS

This article addresses the principle of limited liability that has been the central tenet of company law since it was adopted in the United Kingdom, and most countries in continental Europe during the latter half of the 19th century.

Articles

Collateral Consequences of Individual Liability

By Richard Strassberg and William Harrington

This article shows how requiring admissions of wrongdoing in settlement may have broad-reaching consequences, very much akin to a finding of liability after trial in any civil fraud action.

Articles

Cybersecurity Guidance Update

This guidance update highlights the importance of the issue and discusses a number of measures that funds and advisers may wish to consider when addressing cybersecurity risks. Because of the rapidly changing nature of cyber threats, the Division will continue to focus on cybersecurity and monitor events in this area.

Articles

2015 Was a Record Year for the SEC (USA)

By Nicolas Morgan, Sam Puathasnanon & Thomas Zaccaro, Paul Hastings

This article discusses the Securities and Exchange Commission's filing of a record 807 enforcement actions in FY2015 and obtaining orders totaling $4.2 billion in disgorgement and penalties.