Nathan J. Larkin (LAW ’20) of Cozen O’Connor co-authored an article with Stephen A. Miller discussing the DOJ’s market collusion crackdown of no-poach and wage-fixing agreements between competitors, as showcased in United States v. DaVita Inc.
Professor Jonathan Broder assesses the impact of the recent SCOTUS decision against the Environmental Protection Agency on the power of administrative agencies over regulated industries.
Professor Donnella pushes back against criticism of the recent DOJ sanction of Glencore International.
A panel of corporate advisors updated their 2017 survey of securities litigation involving development-stage biotech companies, providing important practice points for the institutional investor and concluding that biotech start-ups do not pose a greater securities class action risk compared to other companies. Stronger cases involved plaintiffs making credible allegations that defendants intentionally misrepresented data or facts about their interactions with the FDA, omitted adverse regulator feedback, or presented misleading information about regulatory milestones or assessments.
Hannah Travaglini (LAW ’21) of Montgomery McCracken co-authored an article with Edward Schnitzer discussing the recent court decision in the LeClairRyan bankruptcy and, more broadly, the tax ramifications of different corporate entity structures during bankruptcy.
Professor Jonathan Lipson discusses the emerging issue of vertical forum shopping in chapter 11 bankruptcy cases.
Professor Donnella discusses the role of corporations in reforming their internal compliance and ethical guidelines
The Delaware General Assembly is set to consider amendments to the General Corporation Law of the State of Delaware (DGCL), already approved by the Corporation Law Section of the Delaware State Bar Association, to, among other things, allow Delaware corporations to adopt exculpation clauses limiting or eliminating the monetary liability of certain officers. The proposed amendment to Section 102(b)(7) of the DGCL addresses a growing concern over officer liability, albeit by providing narrower exculpation than is available to directors.
IFA USA, the ABA Tax Section, and the Temple Tax & Bankruptcy Law Society brought four real world practitioners to speak to an audience of students about their experiences in tax law, the value of mentorship, and the varied opportunities available to students in the field.
Robert M. Kane, Jr. examines Pope & Talbot and argues that the IRS inappropriately relied on that case in two rulings addressing the calculation of section 311 gain on distributions of partnership equity.