Publications Mar 30, 2020 Keeping the Machine Running Part Two: Emergency Bylaw Provisions Under Delaware Law Mar 30, 2020 Congressional COVID-19 Stimulus: Small Business Loan Expansions Mar 30, 2020 COVID-19 Quick Reference Guide to Finance, M&A and Funds Legal Issues Mar 30, 2020 Supreme Court: Hears Oral Argument on Whether the SEC May Seek and Obtain Disgorgement in Civil Enforcement Proceedings Mar 30, 2020 Supreme Court: “Actual Knowledge” Requirement for the Three-Year Statute of Limitations for ERISA Breach of Fiduciary Duty Claims Is Not Satisfied Merely by the Plaintiff’s Receipt of the Relevant Disclosures Mar 30, 2020 Tenth Circuit: Affirms the Dismissal of a Securities Fraud Action for Failure to Allege That Any Individual Defendant or the Corporation Itself Acted with Scienter Mar 30, 2020 Southern District of New York: Plaintiffs Cannot Satisfy the PSLRA’s Pleading Requirements With Uncorroborated Allegations Attributed to Anonymous Sources Referenced in Short-Seller Reports Mar 30, 2020 Southern District of New York: Dismisses Securities Fraud Complaint That Mischaracterized Defendants’ Opinions and Emphasizes That Companies Have No Duty to Disclose All Facts Cutting Against Statements of Opinion Mar 30, 2020 Central District of California: Plaintiffs Adequately Alleged That (1) Purchases of Unsponsored ADRs Constituted “Domestic Transactions,” and (2) the Foreign Issuer’s Alleged Fraud Was “in Connection With” Those Transactions Mar 30, 2020 Delaware Supreme Court: Federal Forum Selection Provisions for Securities Act Claims Are Facially Valid Mar 30, 2020 Delaware Chancery Court: MFW’s Procedural Safeguards Were Not Satisfied Where a Majority of the Special Committee Members Allegedly Had a Material Self-Interest in the Transaction Mar 30, 2020 Delaware Chancery Court: Involvement of a Special Committee Can Cleanse a Transaction Involving a Conflicted Board Only If the Special Committee Is Engaged Before the Commencement of Substantive Economic Negotiations Mar 30, 2020 Delaware Chancery Court: Allegations That Directors Made Misrepresentations Concerning FDA Approval Prospects Were Insufficient to Plead Demand Futility Absent Plausible Allegations of Scienter Mar 27, 2020 SEC Issues Disclosure Guidance for Companies Affected by COVID-19 and Extends Conditional Exemptions From Reporting Requirements Mar 26, 2020 Senate Passes the Coronavirus Aid, Relief, and Economic Security Act Mar 26, 2020 Keeping the Machine Running: Corporate Actions and SEC Filings in the COVID-19 Era Mar 26, 2020 Justice Matters: Simpson Thacher Pro Bono Newsletter, March 2020 Mar 26, 2020 New York State Defines Essential Businesses For Purposes of COVID-19 Restrictions Mar 26, 2020 Senate Bill Includes Historic Economic Stabilization Provisions to Support Financial Markets Mar 25, 2020 Mary Beth Forshaw, Bryce Friedman and Karen Cestari Author Article on Business Insurance Coverage Surrounding COVID-19 ...71727374757677787980...