Webinar Covers the Impact of COVID-19 on Shareholder Activism in the Retail Industry

On October 7, 2020, Morgan Lewis Partner Christina Edling Melendi moderated a virtual panel discussion examining the impact of COVID-19 on shareholder activism in the retail industry. Panelists included attorneys and consultants alike from some of the nation’s top legal and consulting firms. The panel’s focus was aimed squarely at helping retailers understand the threats they may face in the wake of the pandemic, as well as possible strategies to defend themselves against activist campaigns.

How the West Became the East: The Patent Litigation Explosion in the Western District of Texas

Since Judge Alan Albright took the bench in the Western District of Texas in 2018, his docket has become the new hotspot for patent litigation. The authors identify five reasons why the Western District is attractive to patentees and explain why they are problematic.

SEC Expands the Definition of Accredited Investor

SEC rules governing accredited investors are designed to protect individual investors from risks that could result from the lack of regulatory oversight associated with unregistered private securities offerings. By expanding the definition of “accredited investor,” the SEC has provided more investors with the opportunity to access alternative investments and given companies, private-equity firms, and hedge funds access to a larger pool of investors.

SEC Adopts Amendments to Regulation S-K Items 101, 103, and 105

Under the rule amendments, the SEC significantly revised public company business disclosure rules for the first time in more than 30 years. The amendments were crafted from a proposed rule released in August 2019 that was part of a comprehensive review by the SEC of the disclosure requirements per a study mandated by the JOBS Act.

Leveling The Playing Field-U.S. Court Jurisdiction Over Disputes Between American Professional Athletes And Foreign Sports Teams

This article, which explores federal court jurisdiction over foreign business entities in the context of an American professional baseball player’s lawsuit against a Japanese professional baseball team and its corporate owner, uses the decision of the District Court finding personal jurisdiction over the team, but not its owner, as a springboard for a broader discussion of the jurisdictional issue. It explores the various analyses that are employed by courts in the Third Circuit and other Circuits, focusing particularly on the interactive nature of websites as a basis for the exercise of personal jurisdiction.

How Federal Financial Regulatory Agencies can use Fintech to Improve Financial Transactions

Financial technology (“fintech”) has become one of the most important inventions in today’s world. However, technology’s overall impact on our financial institutions is still unclear. Fintech has become an essential tool in the financial world, but we need to (i) identify and (ii) improve the potential uses of fintech for the financial systems of the future. The role of the federal government in this context is especially important, but complicated.

SEC Disgorgement Lives to See Another Day After Supreme Court’s Liu v. SEC Ruling

US Supreme Court

On June 22, 2020, in Liu v. SEC, the Supreme Court affirmed in an 8-1 ruling that the Securities and Exchange Commission may continue to pursue disgorgement awards under the federal securities law provided that the award is capped at the defendant’s net profits, and further, provided that the award is made for the benefit of wronged investors. In so holding, the Court struck a middle ground by narrowly preserving one of the most powerful enforcement mechanisms available to the agency but limiting the awards more closely than the awards the SEC has sought over the years.