Weil, Gotshal & Manges LLP

Mergers & Acquisition

April 2013 |
The April 2013 edition of The Deal Compass discusses deals announced in March 2013 and includes developments on previously announced deals. Eight strategic transactions valued above $500M were announced in March. March 2013 also yielded four going-private transactions valued above $100M.

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Corporate Governance

June 2013 | Holly Gregory
In her regular column on corporate governance issues, Holly Gregory explores the challenges that boards and their corporate governance and nominating committees face when making decisions relating to the composition of the board. The article, “Board Composition, Diversity and Refreshment,” was published by PLC’s Practical Law Journal in the June 2013 issue.

Antitrust

June 11, 2013 | Bruce Colbath
Weil Antitrust/Competition partner Bruce Colbath discusses the New York State Court of Appeals decision in Schlessinger v. Valspar Corp. in which the court determined that a statutory violation of N.Y. General Business Law §395, on its own, was not inherently deceptive and declined to expand GBL § 349 to include “unlawful” conduct, reasoning that the legislature intended the deceptive practices law to address only “conduct that tends to deceive consumers.”

Securities Enforcement & Litigation

May 30, 2013 | Steven Tyrrell, Christian Bartholomew, Christopher Garcia, Brianna Benfield
Weil Litigation partners Steven Tyrrell, Christian Bartholomew, and Christopher Garcia and Litigation associate Brianna Benfield co-authored an article regarding the US District Court for the Southern District of New York’s recent decisions in SEC v. Straub and SEC v. Sharef. These decisions addressed the extent to which the Foreign Corrupt Practices Act permits US regulators to pursue enforcement actions against foreign executives of foreign issuers alleged to have participated in bribery of foreign government officials.

Bankruptcy & Insolvency

May 9, 2013 | Sally Willcock and Alexander Wood
Weil Business Finance & Restructuring partner Alexander Wood and attorney Sally Willcock address the UK Supreme Court’s recent ruling in BNY Corporate Trustee Services Limited v. Eurosail. This decision marks the first time that UK’s highest court has had to interpret the balance sheet test at S123(2) of the Insolvency Act 1986. The article appears on Weil’s European Restructuring Watch, an online microsite where we make regular postings on key developments in restructuring in London and across Continental Europe.

Class Actions

April 25, 2013 | Allan Dinkoff
Weil Employment counsel Allan Dinkoff discusses the US Supreme Court's decision to grant/vacate/remand RBS Citizens v. Ross, which – considering its recent holding in Comcast v. Behrend – sheds interesting light on the potentially broad implications of Comcast on class certification jurisprudence.

Technology & Intellectual Property

June 1, 2013 | Sandhu, Charan J., Osterman, Jeffrey D., Krpata, Kyle C.
Technology & IP Transactions partners Charan Sandhu and Jeffrey Osterman, and Private Equity/Mergers & Acquisitions partner Kyle Krpata have co-authored a Practical Law Company Practice Note, “Patent Portfolio Acquisitions,” which discusses key considerations for evaluating and acquiring patent portfolios. The Note also explores recent trends in patent portfolio acquisitions, typical transaction structures and deal-making contexts, and key issues to consider when conducting patent portfolio due diligence and drafting and negotiating the provisions of a patent purchase agreement.

Employment Law

June 3, 2013 | Jeffrey Klein, Nicholas Pappas, and Courtney Fain
Weil Employment partners Jeffrey Klein and Nicholas Pappas and Employment associate Courtney Fain have co-authored an article which discusses the discrimination laws implicated in the design and implementation of employee wellness programs.

Tax

May 10, 2013 | Kimberly Blanchard
Weil Tax, Benefits, and Executive Compensation partner Kimberly Blanchard has authored the commentary “IRS Responds to Taxpayer’s Protest Over Application of Rev. Rul. 91-32.” The commentary discusses field attorney advice memorandum FAA 20123903F, which was released on September 28, 2012, but not published until March, and the application of Rev. Rul. 91-32, which the Obama Administration has proposed to “codify.”
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