https://law.temple.edu/10q/facebook-compensation-row-delaware-corporate-formalities-held-indispensable/
In light of Zuckerberg, boards of directors of Delaware corporations need to remain vigilant in ensuring that corporate formalities are observed in ratifying transactions where there are director conflicts of interest. This is true even in situations similar to Facebook’s, where there is a controlling shareholder that has the ability to singularly ratify corporate actions. Given the ...
https://law.temple.edu/10q/tag/negative-list/
Professor Tarrant Mahony discusses the recent passage of the “Foreign Investment Law of the People’s Republic of China” (the “FIL”). The FIL consolidates many recent changes to China’s foreign investment regime, allows for the establishment of foreign investment projects without prior government approval, and addresses issues of intellectual property rights protection and forced ...
https://law.temple.edu/10q/author/jbroder/
Jonathan Broder, former GC of Conrail and current Temple Law Adjunct Professor, discusses the growing movement to regulate Big Tech as public utilities and the obstacles to doing so.
https://law.temple.edu/10q/us-quarterly-fee-differential-ruled-unconstitutional/
: On May 25, 2021, the U.S. Court of Appeals for the Second Circuit reaffirmed the U.S. Constitution’s requirement of uniformity in bankruptcy legislation and rulemaking.
https://law.temple.edu/10q/tag/opportunities/
On October 11, 2022, Caroline D. Ciraolo, former Acting Assistant Attorney General of the U.S. Department of Justice’s Tax Division and current Partner at Kostelanetz & Fink, delivered this year’s Fogel Lecture at Temple Law School, titled “Enforcing the Nation’s Tax Laws Fully, Fairly, and Consistently: The Role of DOJ in Tax Enforcement.” Ms. Ciraolo’s presentation centered ...
https://law.temple.edu/10q/financial-weapons-war/
A new type of warfare is upon us. In this new mode of war, finance is the most powerful weapon, bullets are not fired, financial institutions are the targets, and almost everyone is at risk. Instead of smart bombs, improvised explosives, and unmanned drones––economic sanctions, financial restrictions, and cyber programs are the weapons of choice.
https://law.temple.edu/10q/tag/arko-corrigan/
Barbara Sicalides (LAW ’89) and Alexis Fennell (LAW ’21) co-authored an article discussing the FTC’s treatment of an offensive noncompete provision, going beyond the subject of their initial investigation, the parties’ asset purchase agreement.
https://law.temple.edu/10q/tag/rule-501a-of-regulation-d/
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 ...
https://law.temple.edu/10q/category/agreements/
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) in 2016 published Antitrust Guidance for Human Resource Professionals warning of criminal remedies for those participating in illegal no-poach agreements. Recently, the DOJ and FTC made good on that promise by filing the first public criminal indictment alleging a conspiracy between companies in which they agreed not to ...
https://law.temple.edu/10q/tag/international-business/
Companies providing information technology products and services to U.S. government agencies are now required to notify such agencies of cyber incidents and meet specific cybersecurity standards.