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9 Oct 2022, 7:22 pm by Bill Henderson
This section discusses (a) our shallow understanding of the Cravath firm and lockstep compensation, (b) a new type of market power enjoyed by today’s super-rich firms, and (c) a new type of firm-specific capital grounded in legal expertise combined with data, process, technology, design, and business operations. [read post]
7 Sep 2022, 9:01 pm by Paul Munter
In light of this uncertainty, it appears that certain China- and Hong Kong-based issuers have begun attempting to structure audit engagements not with local registered public accounting firms but with registered public accounting firms located either in the U.S. or elsewhere to avoid the potential of consecutive PCAOB HFCAA determinations and a potential resultant trading prohibition.[14] Audit Engagement Structures of Multinational Issuers[15] Issuers generally engage auditors in their… [read post]
4 Sep 2022, 4:15 pm by INFORRM
Cyberleagle has published a post on the most vulnerable aspects of the Online Safety Bill in light of last term’s delay, and discusses how the Bill might be reimagined under a new Prime Minister. [read post]
26 Aug 2022, 12:35 am by Tessa Shepperson
Landlords have very little choice if they are to meet the minimum EPC targets by 2025 of having EPC rating ‘C’. [read post]
11 Aug 2022, 12:26 am by Florian Mueller
While Epic hasn't yet filed a notice of who will be its lead counsel, I presume--based on the appellate briefs--that Thomas C. [read post]
4 Aug 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
7 Jul 2022, 9:05 pm by Toshiyuki Arai
On March 22, the Target’s board resolved to implement the Measures (as discussed below) citing (a) certain breaches of procedural requirements under the Measures, (b) the sell pressure caused by the announced tender offer, (c) the likely loss of corporate value and (d) the adverse impacts on stakeholders. [read post]
27 Jun 2022, 9:05 pm by Jeffrey N. Gordon
” Third, in light of the SEC’s concerns about the use of swaps to disguise potential control positions, I propose a “safe harbor” for parties entering into certain swaps that clearly do not implicate those concerns. [read post]
” But the Commission also made clear that the SEC’s “broad discretion to require disclosure provides necessary latitude to expand or contract disclosure rules in light of changes in the relevant context in which securities issuers conduct their business. [read post]
15 Jun 2022, 5:01 am by Robert Gorwa
  The proposal is light on technical details and the question of how this would actually be achieved. [read post]
26 May 2022, 12:09 pm by Scott R. Anderson, Chimène Keitner
But as Paul Stephan has explained in a useful set of exchanges with Philip Zelikow and Laurence Tribe here on Lawfare, these proposals do not always take full account of the unprecedented nature of what they are proposing or the domestic and international legal questions such actions raise. [read post]
23 May 2022, 8:55 am by Laurence H. Tribe
” Although such “implied powers” are anything but imaginary, especially in light of the capacious understanding of Article II embodied in recent Supreme Court jurisprudence, nothing in our proposal depends on that kind of understanding. [read post]