• Corporate charter provisions that require shareholders to bring 1933 Act lawsuits in federal court are facially valid, the Delaware Supreme Court has held. See Salzberg v. Sciabacucchi, No. 346, 2019, ___ A.3d ___, 2020 WL 1280785 (Del. Mar. 18, 2020) (“Blue Apron”). The unanimous, en Banc March 18 opinion paves the way for Delaware corporations to adopt those provisions in their charters or by-laws. If widely adopted, those provisions could slow or reverse the trend of 1933 Act lawsuits’ being filed in state court, a trend that has accelerated since the U.S. Supreme Court confirmed in 2018 that investors could file such lawsuits in federal or state court. Given Delaware’s influence in corporate law, Blue Apron’s impact will likely be felt beyond Delaware, including by international companies with subsidiaries incorporated in the U.S. or considering incorporating subsidiaries in the U.S.

  • Read our Client Alert on the National Nursing Home Initiative recently launched by the U.S. Department of Justice.

    The Justice Department has already initiated investigations into approximately 30 individual nursing facilities in nine states as part of this effort.

    The Client Alert from our Health Care Practice outlines eight areas for effective compliance by nursing homes.

  • The Securities and Exchange Commission recently brought and settled short tendering cease and desist proceedings against two broker-dealers.

  • On June 5, 2019, the SEC adopted Regulation Best Interest (“Reg. BI”), which not only required the disclosure of interest, but also imposed a standard of conduct on broker-dealers (“BDs”) when making a recommendation to a retail customer of any securities transaction or investment strategy.

  • Joseph P. Facciponti attorney profile image Maxwell T.S. Thompson attorney profile image

    The California Consumer Privacy Act (CCPA) is one of the most consequential data privacy laws passed to date in the U.S. and will require significant changes to the way many U.S. companies manage the personal information of their customers. The CCPA may apply to businesses even if they do not have a physical presence in California if they meet certain requirements, such as having 50,000 customers based in the state. Failure to comply with the CCPA when it enters into force in 2020 could result in costly fines or private lawsuits.

  • Four of our securities lawyers predict in this client alert that the SEC will scrutinize offshore activity more aggressively going forward following a recent ruling in the Tenth Circuit’s Court of Appeals.