Arbitration of customer disputes under FINRABy Scott CarfelloApril 2015An overview of the Financial Industry Regulatory Authority, its arbitration rules, and a look at how it differs from other arbitration providers.
IRC §§ 721 and 83(b)—Benefits to the business sellerBy Brian F. JohnsonNovember 2015With smaller businesses now being sold to low- and mid-market private equity firms, it is important for the seller’s attorney to be aware of two code sections within the Internal Revenue Code and their potential usefulness to the seller.
The Sunlitz decision: A primer on shareholder demand for corporate books and records when self-dealing is at issueBy Charles W. Murdock & Katelyn SpragueNovember 2015In Sunlitz Holding Co. W.L.L. v. Trading Block Holdings, Inc., the court reaffirmed the view that good-faith fears of mismanagement, in contrast to proof of actual wrongdoing, support a proper purpose for inspection of corporate books and records under the Business Corporations Act of 1983.
Third Circuit weighs in on extraterritorial application of U.S. securities lawsBy John R. SchleppenbachJune 2015Deciding an issue of first impression, the Third Circuit joined the growing consensus that a securities transaction can be considered domestic (and therefore subject to U.S. securities laws) if title is passed or irrevocable liability to carry out the transaction is incurred in the United States.