Client Alerts Archive

Olshan COVID-19 Resource Guide
April 2021
Olshan COVID-19 Response Team
CLIENT ALERT: Shareholder Activist Funds Should Be Aware of BlackRock’s Expansion of the Application of Its Director “Overboarding” Policy to Fund Managers
April 2021
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: IRS Extends 2020 Individual Income Tax Return Filing and Tax Payment Deadline from April 15 to May 17, 2021
March 2021
Stephen Ferszt
CLIENT ALERT: Third Circuit Rejects Triangular Setoff and Offers Practical Guidance
March 2021
Jonathan Koevary
CLIENT ALERT: Department of Labor Updates COVID-19 Relief Guidance
March 2021
Stephen Ferszt
NEWSLETTER: Advertising, Marketing & Promotions - Winter 2021
March 2021
CLIENT ALERT: Delaware Chancery Court Invalidates “Anti-Activist” Poison Pill in a Class Action Suit Led by Olshan’s Steve Wolosky
March 2021
Steve Wolosky, Andrew Freedman, Lori Marks-Esterman and Ron Berenblat
CLIENT ALERT: Virginia Poised to Become Second State to Pass Comprehensive Consumer Privacy Legislation
March 2021
Mary L. Grieco
CLIENT ALERT: Distressed Real Estate Loan Restructurings in the COVID (and Post COVID) Environment
January 2021
Adam H. Friedman
CLIENT ALERT: Leadership Change at the SEC: What Activists Could Expect from Gary Gensler and the Biden Administration
January 2021
Sebastian Alsheimer and Andrew Freedman
CLIENT ALERT: The End of the Anonymous Shell Company in the United States: A Paradigm Shift in Responsibility for Identifying Corporate Ownership
January 2021
Robert M. Appleton
CLIENT ALERT: Delaware Supreme Court Affirms AmerisourceBergen Ruling that Company Must Produce Documents, Reinforcing Stockholders’ Section 220 Rights to Books and Records
January 2021
Lori Marks-Esterman, Steve Wolosky and Andrew Freedman
CLIENT ALERT: Delaware Chancery Court Provides Important Guidance on COVID 19’s Impact on a Buyer’s Obligation to Close
December 2020
Michael R. Neidell and Zachary E. Freedman, Law Clerk
CLIENT ALERT: Second Circuit Decision Vacating Section 16(b) Award Against Master Fund Shows Importance of Effective Delegation in Advisory Agreements
December 2020
Thomas J. Fleming, Adrienne M. Ward and Ron S. Berenblat
CLIENT ALERT: Nasdaq Proposes New Listing Rules Related to Board Diversity
December 2020
Elizabeth Gonzalez-Sussman and Ron S. Berenblat
CLIENT ALERT: New York Enacts Comprehensive Automatic Renewal Law Modeled After California Law
November 2020
Andrew Lustigman and Morgan Spina
CLIENT ALERT: Institutional Shareholder Services Releases Updated Voting Guidelines on Various Topics Relevant to Shareholder Activism
November 2020
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Updated New York City and State Sick Leave Laws Now in Effect
October 2020
Michael J. Passarella
CLIENT ALERT: California Governor Signs Bill That Will Require Each Public Company Headquartered in the State to Include a Minimum Number of Directors from Underrepresented Communities on Its Board
October 2020
Elizabeth Gonzalez-Sussman, Ron S. Berenblat and Ian A. Engoron
CLIENT ALERT: Proposed HSR Rule Change Would Benefit Activist Investors by Creating New De Minimis Exemption from Filing and Waiting Period Requirements
October 2020
Steve Wolosky, Andrew Freedman, Kenneth M. Silverman and Ron S. Berenblat
NEWSLETTER: Advertising, Marketing & Promotions - Fall 2020
October 2020
CLIENT ALERT: Israel-UAE Peace: Opportunities and Contracts in the Middle East
September 2020
Mitchell Raab
CLIENT ALERT: California State Legislature Passes Bill Requiring Each Public Company Headquartered in the State to Include a Minimum Number of Directors from Underrepresented Communities on its Board
September 2020
Elizabeth Gonzalez-Sussman, Ron S. Berenblat and Ian A. Engoron
CLIENT ALERT: Your Estate Tax Exemption - Use It or Lose It
August 2020
Stephen L. Ferszt, Warren R. Gleicher and Shirlee Y. Gordon
CLIENT ALERT: Tax Decoupling During COVID-19
August 2020
Stephen L. Ferszt
CLIENT ALERT: The Continuing Reopening of New York – An Overview of Relevant New York, CDC, OSHA and EEOC Guidelines
July 2020
Stephen Ferszt and Michael J. Passarella
CLIENT ALERT: SEC Proposes Increase in Form 13F Reporting Threshold and Other Changes to Reflect Today’s Equity Markets
July 2020
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: PPP Loan Forgiveness Application Revised
June 2020
Kenneth A. Schlesinger, Jason S. Saltsberg and Michael J. Passarella
CLIENT ALERT: New York’s Executive Orders 202.8 and 202.28 Should Not Stop Commercial Lease Enforcement, Though New York City Legislation Sets Limitations on Landlords Seeking Recovery From Personal Guarantors for Tenant Defaults
June 2020
Lori Marks-Esterman, Thomas J. Fleming, Thomas D. Kearns and Joseph B. Weiner
CLIENT ALERT: COVID 19 Health and Welfare Benefit Plans Update
June 2020
Stephen L. Ferszt
The Paycheck Protection Program Flexibility Act
June 2020
Mark A. Limardo
CLIENT ALERT: Main Street Loan Facilities
June 2020
Mark A. Limardo, Kenneth A. Schlesinger, Jason S. Saltsberg and Michael J. Passarella
CLIENT ALERT: The Paycheck Protection Program Flexibility Act of 2020 (H.R. 7010)
June 2020
Kenneth A. Schlesinger, Jason S. Saltsberg and Michael J. Passarella
CLIENT ALERT: Main Street Loan Facilities
June 2020
Kenneth A. Schlesinger, Jason S. Saltsberg and Michael J. Passarella
Living with a PPP Loan (Part II)
May 2020
Michael J. Passarella
CLIENT ALERT: Employee Benefits Update – DOL Guidance
May 2020
Stephen Ferszt
NEWSLETTER: Advertising, Marketing & Promotions - Spring 2020
May 2020
CLIENT ALERT: CMBS Loan Restructurings: COVID 19 Causing Immediate Need for Loan Workouts
May 2020
Adam H. Friedman
Living with a PPP Loan
May 2020
Michael J. Passarella
CLIENT ALERT: State Statutory Pandemic-Related Insurance Relief Efforts
May 2020
Jeremy M. King
CLIENT ALERT: Update On PPP Loans - Major Change to Employee Counting Rules and Due Date Extension
May 2020
Jason S. Saltsberg, Kenneth A. Schlesinger and Michael J. Passarella
CLIENT ALERT: Main Street Loan Facilities
May 2020
Kenneth Schlesinger, Jason Saltsberg and Michael Passarella
CLIENT ALERT: COVID 19 Estate Planning Strategies
May 2020
Stephen Ferszt, Warren Gleicher and Shirlee Gordon
CLIENT ALERT: Paycheck Protection Program Loans Capped at $20 Million per Single Corporate Group
May 2020
Kenneth A. Schlesinger, Jason S. Saltsberg and Michael J. Passarella
CLIENT ALERT: Paycheck Protection Program Update – SBA Adds New Restrictions on Access
April 2020
Kenneth A. Schlesinger and Jason S. Saltsberg
CLIENT ALERT: COVID 19 – Update on Federal and State Leave Laws
April 2020
Michael Passarella
CLIENT ALERT: COVID-19: Quarantine-Caused Vacancy Could Jeopardize Your Property Insurance Coverage
April 2020
Jeremy King
CLIENT ALERT: "Main Street” Loan Facilities under the CARES Act
April 2020
Jason S. Saltsberg
CLIENT ALERT: Update – COVID-19 Hardship Distributions from Qualified Retirement Plans
April 2020
Stephen Ferszt
CLIENT ALERT: NY Executive Order 202.8 Should Not Stop Commercial Lease Enforcement
April 2020
Lori Marks-Esterman, Thomas J. Fleming and Thomas D. Kearns
CLIENT ALERT: Delaware Governor Issues Emergency Order Intended to Facilitate Corporations’ Pivot From In-Person Stockholder Meetings to Remote Communication Meetings in Light of COVID-19 Precautions
April 2020
Steve Wolosky, Andrew Freedman, Adrienne Ward and Ron Berenblat
CLIENT ALERT: SBA Loans Available under the CARES Act (Updated April 4, 2020)
April 2020
Jason Saltsberg and Kenneth Schlesinger
CLIENT ALERT: Proposed Amendments to Delaware Law That Would Allow Corporations to Postpone Annual Meetings in Light of COVID-19 Pandemic May Undermine Stockholder Democracy
April 2020
Steve Wolosky, Andrew Freedman, Adrienne Ward and Ron Berenblat
CLIENT ALERT: COVID 19 Pandemic Relief — Small Business Insurance Update
April 2020
Jeremy King
CLIENT ALERT: CARES Act Provides Significant Relief for Employee Benefit Plan Participants and Sponsors
March 2020
Stephen Ferszt
CLIENT ALERT: SEC Extends Period for Delayed Filings Due to COVID 19 and Provides COVID 19 Disclosure Guidance
March 2020
Kenneth Silverman
CLIENT ALERT: Force Majeure? Contractual Performance During the Coronavirus Pandemic - Updated March 27
March 2020
Alexander F. Ferrini III
CLIENT ALERT: 401(k) Strategies During the COVID-19 Pandemic
March 2020
Stephen Ferszt
CLIENT ALERT: New York State and Federal Governments Enact and Modify Paid and Unpaid Leave Laws as Part of COVID-19 Response
March 2020
Michael Passarella
CLIENT ALERT: SEC Provides Temporary Relief and Guidance Due to COVID-19 Pandemic
March 2020
Kenneth Silverman and Spencer Feldman
CLIENT ALERT: COVID-19, Business Losses and Risk Mitigation - Is Your Business Interruption Insurance Sufficient?
March 2020
Jeremy King
CLIENT ALERT: Force Majeure? Contractual Performance During the Coronavirus Pandemic - Updated March 18
March 2020
Alexander F. Ferrini III
CLIENT ALERT: Force Majeure? Contractual Performance During the Coronavirus Pandemic
March 2020
Alexander F. Ferrini III
CLIENT ALERT: Navigating Defaults, Foreclosures, Evictions and Workouts in the Wake of the Coronavirus Pandemic
March 2020
Michael Fox, Adam Friedman and Jonathan Koevary
CLIENT ALERT: The SECURE ACT Passage Means Significant Changes to Individual Retirement Planning and Qualified Retirement Plans
March 2020
Stephen Ferszt
CLIENT ALERT: Olshan’s Shareholder Activism Group Issues Letter of Comment Citing Serious Shortcomings of SEC’s Proposed Proxy Voting Advice Rules in “Real World” of a Proxy Contest
February 2020
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Olshan’s 2020 Hot Topics in Bankruptcy Law
February 2020
Michael Fox, Adam Friedman and Jonathan Koevary
CLIENT ALERT: New York’s Uniform Voidable Transactions Act: Clarifying and Modernizing New York’s Fraudulent Conveyance Laws
January 2020
Adam H. Friedman and Jonathan T. Koevary
CLIENT ALERT: New York Governor Signs Nuisance Call Act into Law
December 12, 2019
Andrew B. Lustigman
CLIENT ALERT: IRS Announces 2020 Retirement Plan And Other Benefit Limitations
November 2019
Stephen Ferszt
NEWSLETTER: Advertising, Marketing & Promotions - Fall 2019
November 2019
CLIENT ALERT: Institutional Shareholder Services Releases Updated Voting Guidelines Relating to Problematic Capital Structures at Newly Public Companies, Independent Board Chair Proposals and Board Diversity
November 2019
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: California Attorney General Issues Draft Regulations in Regard to the California Consumer Privacy Act (CCPA)
October 2019
Mary Grieco
CLIENT ALERT: Investor Advisory Committee Recommends SEC Take Immediate Action to Improve U.S. Proxy System
September 2019
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: SEC Issues Guidance on Proxy Voting Responsibilities of Investment Advisers and Interpretation Regarding Applicability of Proxy Voting Rules to Proxy Advisory Firm Voting Recommendations
September 2019
Steve Wolosky, Andrew Freedman, Kenneth Silverman and Ron Berenblat
NEWSLETTER: Advertising, Marketing & Promotions - Summer 2019
August 2019
CLIENT ALERT: Olshan Represents Activist in First Successful Use of a Universal Proxy Card for a Control Slate in the United States
July 2019
Steve Wolosky, Andrew Freedman, and Elizabeth Gonzalez-Sussman
CLIENT ALERT: Delaware Court Rules That Overbroad Questionnaires “Went Too Far” in Decision to Enjoin Closed-End Funds From Invalidating Shareholder Nominations
July 2019
Steve Wolosky, Andrew Freedman, Lori Marks-Esterman, Ron Berenblat and Kyle J. Kolb
CLIENT ALERT: New Federal Reserve Rule Proposal Could Pave the Way for Increased Shareholder Activism at Banking Organizations
July 2019
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: House Passes Bipartisan Retirement Relief Reform Bill
June 2019
Stephen Ferszt
NEWSLETTER: Advertising, Marketing & Promotions - Spring 2019
May 2019
CLIENT ALERT: North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts
April 24, 2019
Andrew B. Lustigman
CLIENT ALERT: New York City Sexual Harassment Law Takes Effect
April 2019
Michael J. Passarella
NEWSLETTER: Advertising, Marketing & Promotions - Winter 2019
January 2019
CLIENT ALERT: IRS Announces 2019 Changes to the 401(k) Plans’ Hardship Distribution Rules and the New Cost of Living Adjustments
December 2018
Stephen L. Ferszt
CLIENT ALERT: Institutional Shareholder Services and Glass, Lewis & Co. Release Updated Voting Guidelines Promoting Gender Diversity on Corporate Boards
November 2018
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: SEC Warns of Potential Violations from Cyber Risks
October 29, 2018
Jeremy M. King and Kenneth M. Silverman
CLIENT ALERT: New Guidance on Mandatory Sexual Harassment Training and Policies and New Reasonable Accommodation and Personal Leave Requirements in NY State and NYC
October 5, 2018
Michael J. Passarella
CLIENT ALERT: Section 162(m) Guidance Clarifies Executive Compensation Limitations, with Caution to Corporations
September 18, 2018
Stephen L. Ferszt
CLIENT ALERT: SEC Withdraws No-Action Letters on Investment Adviser Responsibilities in Voting Client Proxies and Use of Proxy Voting Firms
September 17, 2018
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: SEC Announces Roundtable on the Proxy Process
August 1, 2018
Steve Wolosky, Andrew Freedman and Ron Berenblat
NEWSLETTER: Advertising, Marketing & Promotions - Summer 2018
July 2018
CLIENT ALERT: Vermont Becomes First State to Require Onerous “Double Opt-In” with Respect to Automatic Renewal Provisions
June 25, 2018
Andrew B. Lustigman
CLIENT ALERT: California State Senate Passes Bill That Would Impose Gender Quotas on Public Company Boards
June 5, 2018
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: New York State Supreme Court Blocks Proposed Xerox Transaction Leading to Swift Settlement
May 3, 2018
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Companies Should Consider Making Additional Defined Benefit Plan Contributions for 2017 to Maximize Tax Benefits
May 2, 2018
Stephen Ferszt
CLIENT ALERT: Shareholder Activists Who Have Missed a Nomination Deadline May Have a Second Bite at the Apple
April 12, 2018
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Federal Appeals Court Strikes Down Two FCC Provisions Relating to Automated Calls and Texts
March 22, 2018
Andrew B. Lustigman and Scott A. Shaffer
NEWSLETTER: Advertising, Marketing & Promotions - Winter 2018
March 2018
CLIENT ALERT: Disclosing Cybersecurity Risks and Incidents and Concomitant Financial, Legal and Reputational Consequences
February 28, 2018
Spencer G. Feldman
CLIENT ALERT: Olshan Client Awarded its Attorneys Fees in Suit to Protect Shareholder Nomination Rights
February 27, 2018
Steve Wolosky, Andrew Freedman and Thomas J. Fleming
CLIENT ALERT: Federal Tax Reform Contains Significant Changes to Treatment of Compensation and Employee Benefits
January 12, 2018
Stephen L. Ferszt and Michael J. Passarella
CLIENT ALERT: NLRB Issues Two Significant Decisions Overturning Prior Standards
December 15, 2017
Michael Passarella
CLIENT ALERT: Olshan’s Nomination Primer for the 2018 Proxy Season
December 7, 2017
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Institutional Shareholder Services Releases Voting Policy Updates for 2018
November 27, 2017
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Online Marketers, Review Your Enrollment Processes Now: California Enhances Its Automatic Renewal Statute
November 10, 2017
Andrew B. Lustigman
CLIENT ALERT: Second Circuit Remands Momentive Back to Bankruptcy Court
October 27, 2017
Michael Fox, Adam Friedman and Jonathan Koevary
NEWSLETTER: Advertising, Marketing & Promotions - October 2017
October 2017
CLIENT ALERT: New York City Salary History Law to Take Effect on October 31, 2017 / Update on New York State Paid Family Benefits Leave Law
October 27, 2017
Michael Passarella
CLIENT ALERT: Utilizing Social Media in Proxy Contests: Considerations for the Upcoming Proxy Season
October 25, 2017
Steve Wolosky, Andrew Freedman, Ron Berenblat, Kenneth Mantel
CLIENT ALERT: Institutional Shareholder Services Announces Results of its 2017-2018 Global Policy Survey Covering Governance Issues Relevant to Shareholder Activism
September 26, 2017
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Chancery Court Provides Guidance Regarding Limits on a Delaware Corporation’s Ability to Fix Unauthorized Corporate Acts
August 15, 2017
Margaret C. Bae
CLIENT ALERT: Trap for the Unwary Shareholder Activist: The Latest Tactic by Companies to Tilt the Playing Field in Proxy Contests
June 21, 2017
Steve Wolosky, Andrew Freedman and Ron Berenblat
NEWSLETTER: Advertising, Marketing & Promotions - Spring 2017
June 2017
CLIENT ALERT: New York City Council Approves Law Prohibiting Employer Inquiries Into Applicants’ Salary History
May 19, 2017
Aliza Herzberg and Lori Barnea
CLIENT ALERT: Texas Legislature’s Proposed “Bring Business to Texas and Fairness in Disclosure Act” Seeks to Impose Draconian Disclosure Requirements on Shareholder Activists and Proxy Advisory Firms
March 27, 2017
Steve Wolosky, Andrew Freedman and Ron Berenblat
NEWSLETTER: Advertising, Marketing & Promotions - Winter 2017
March 2017
CLIENT ALERT: Delaware Chancery Court Affirms Fundamental Right of Shareholders to Remove Annually Elected Directors By Majority Vote Despite Supermajority Voting Threshold in Bylaws
February 6, 2017
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: Get Ready for Out of Court Bond Restructurings: Cliffs and the Reversal of Marblegate
January 23, 2017
Adam Friedman, Mitchell Raab, Jonathan Koevary and Claudia Dubón
CLIENT ALERT: Department of Labor’s Final Rule Doubling Minimum Salary for FLSA Exemption Enjoined Nationwide
December 15, 2016
Aliza Herzberg and Lori Barnea
NEWSLETTER: Advertising, Marketing & Promotions - Fall, 2016
November 2016
CLIENT ALERT: Institutional Shareholder Services Releases Proposed Voting Policy Changes for 2017
October 28, 2016
Steve Wolosky, Andrew Freedman, Ron Berenblat
CLIENT ALERT: SEC Takes Initial Step to Require “Universal” Proxy Ballots in Contested Elections
October 26, 2016
Steve Wolosky, Andrew Freedman, Kenneth Silverman and Ron Berenblat
CLIENT ALERT: A Review of the STADA Arzneimittel Proxy Contest and the Activism Landscape in Germany
September 27, 2016
Steve Wolosky, Andrew Freedman and Ron Berenblat
CLIENT ALERT: IRS Issues Proposed Regulations Restricting the Use of Valuation Discounts by Family-Owned Entities for Estate and Gift Tax Purposes
September 1, 2016
Warren Gleicher and Shirlee Gordon
CLIENT ALERT: SEC Issues Guidance Regarding Schedule 13G Filings Following ValueAct Settlement of HSR Violation Claims
July 2016
Steve Wolosky, Andrew Freedman, Kenneth Silverman and Ron Berenblat
CLIENT ALERT - IP Implications of the UK withdrawing from the EU
June 24, 2016
Mary L. Grieco
NEWSLETTER: Advertising, Marketing & Promotions - Spring, 2016
May 2016
CLIENT ALERT: LLC Agreement Questions
May 2016
Thomas D. Kearns
CLIENT ALERT: Examine Your Terms and Conditions: New Jersey Sees A Flood of Class-Action Lawsuits
April 20, 2016
Andrew B. Lustigman, Scott Shaffer, Tamara Carmichael
NEWSLETTER: Advertising, Marketing & Promotions - Winter, 2016
February 2016
CLIENT ALERT: SEC Approves Two New Rules to Make Public Offerings More Efficient
January 22, 2016
Spencer Feldman and Kenneth Silverman
CLIENT ALERT: Delaware Chancery Court Confirms Right of Stockholders to Remove Directors Without Cause in the Recent In re Vaalco Ruling
January 14, 2016
Steve Wolosky and Timothy Knox
CLIENT ALERT: The FAST Act’s Hidden Changes to “Speed Up” Capital Formation
December 17, 2015
Spencer Feldman and Kenneth Silverman
CLIENT ALERT: SEC Proposes Amendments to Modernize and Expand Eligibility for Intrastate Securities Offerings
December 2, 2015
Spencer G. Feldman and Kenneth A. Schlesinger
CLIENT ALERT: SEC Issues Guidance Limiting Exclusion of Shareholder Proposals
November 18, 2015
Michael Neidell
CLIENT ALERT: AAA Requires Advance Registration for Arbitration Clauses Contained in Terms and Conditions
November 13, 2015
Andrew Lustigman and Scott Shaffer
CLIENT ALERT: SEC Issues New Proxy Rule Guidance in M&A Context
November 3, 2015
Michael R. Neidell
NEWSLETTER: Advertising, Marketing & Promotions - Fall, 2015
October 2015
CLIENT ALERT: Appeal Watch: Judge Scheindlin Sets Trial Parameters and Certifies Appeal Over Clash Between Release of Guarantee and Trust Indenture Act in Caesars’ Noteholder Case
October 2, 2015
Michael S. Fox, Adam H. Friedman and Jonathan T. Koevary
CLIENT ALERT: SEC Adopts CEO Pay Ratio Rule
August 2015
Michael R. Neidell and Honghui S. Yu
CLIENT ALERT: CMBS Loans: Borrower (and Bondholder) Beware
August 2015
Adam H. Friedman
CLIENT ALERT: FCC Rulings Create Greater Legal Exposure For Marketers
June 2015
Andrew B. Lustigman and Scott A. Shaffer
CLIENT ALERT: FTC Issues New Social Media/Endorsement Guidance
June 2015
Andrew Lustigman
NEWSLETTER: Advertising, Marketing & Promotions - Spring, 2015
May 2015
CLIENT ALERT: Internal Revenue Service Issues Final Regulations under Internal Revenue Code Section 162(m)
May 2015
Manes Merrit
CLIENT ALERT: SEC Adopts Regulation A+ to Exempt Offerings of up to $50 Million of Securities Annually in Groundbreaking Step
March 2015
Spencer Feldman
CLIENT ALERT: SEC Announces Aggressive Enforcement Action Against Delinquent Schedule 13D/13G and Form 4 Filers
September 15, 2014
Michael Neidell and Spencer Feldman
CLIENT ALERT: Genco Shipping: Valuation Lessons Learned From "Underwater” Equity
September 11, 2014
Michael Fox, Adam Friedman and Jordanna Nadritch
CLIENT ALERT: Second Circuit Court of Appeals Looks at “Commercial Reality” in Deciding Lehman / Barclays Dispute
August 7, 2014
Adam Friedman and Jonathan Koevary
NEWSLETTER: Advertising, Marketing & Promotions - Spring, 2014
June 5, 2014
CLIENT ALERT: NYC Pregnancy Accommodation Law Notice Due To All Employees By May 30, 2014
May 29, 2014
Aliza F. Herzberg and Lori Barnea
UPDATED CLIENT ALERT: Credit Bidding Alive and Well in Delaware: Follow Up on Fisker Automotive
May 22, 2014
Adam Friedman, Jonathan Koevary, Mitchell Raab
UPDATED CLIENT ALERT: Supreme Court Decision Holding That Section 3 of the Defense of Marriage Act is Unconstitutional Will Affect Employee Benefit Plans
April 2014
Manes M. Merrit and Barry L. Salkin
CLIENT ALERT: Unpaid Interns To Be Protected Under NYC Discrimination Law
April 2014
Aliza Herzberg and Lori Barnea
CLIENT ALERT: New York Launches “START-UP NY”; Creates Tax-free Zones to Attract Start-up Companies
April 2014
Erik Syvertsen and Nik Talreja
CLIENT ALERT: The New York City Earned Sick Time Act
March 12, 2014
Aliza Herzberg and Lori Barnea
NEWSLETTER: Advertising, Marketing & Promotions - Winter, 2014
March 10, 2014
CLIENT ALERT: Non-Profit Revitalization Act of 2013 Substantially Revises New York Not-for-Profit Corporation Law
February 2014
Barry L. Salkin
CLIENT ALERT: Recent Rulings Highlight Risks of Shareholder Clawbacks, Capped Credit Bids for Distressed Investors; Appeals Pending
February 2014
Adam H. Friedman, Mitchell Raab and Jonathan Koevary
CLIENT ALERT: SEC Staff Issues Report With Recommendations to Numerous Regulation S-K Disclosure Requirements
January 2014
Spencer G. Feldman
CLIENT ALERT: California Supreme Court to Address Insurance Coverage of Advertisers
December 2013
Jeremy M. King
CLIENT ALERT: Internal Revenue Service Announces Modification of “Use It or Lose It” Rule
November 2013
Manes M. Merrit and Barry L. Salkin
CLIENT ALERT: SEC Issues a Balanced Proposal for Equity-Based Crowdfunding Transactions Over the Internet
November 2013
Spencer G. Feldman and Nik Talreja
CLIENT ALERT: New York State Extends Labor Law Protections to Child Models
November 2013
CLIENT ALERT: CMBS Restructurings: Issues with Special Servicers
October 2013
Adam H. Friedman
CLIENT ALERT: New Telemarketing and Texting Regulations Take Effect October 16, 2013
October 2013
Andrew Lustigman and Scott Shaffer
NEWSLETTER: Advertising, Marketing & Promotions - Summer, 2013
September 4, 2013
CLIENT ALERT: Institutional Shareholder Services Inc. Releases Annual Policy Survey
August 2013
Steve Wolosky, Andrew M. Freedman and Jason W. Soncini
CLIENT ALERT: Olshan Client, Landry’s, Inc., Involved in Favorable Delaware Chancery Court Decision for Private Equity Mergers
July 2013
Steve Wolosky and Michael Neidell
CLIENT ALERT: Supreme Court Decision Holding That Section 3 of the Defense of Marriage Act is Unconstitutional Will Affect Employee Benefit Plans
July 2013
Manes M. Merrit and Barry L. Salkin
CLIENT ALERT: SEC Adopts Final Rules Permitting General Solicitation and General Advertising in Private Offerings
July 2013
Michael R. Neidell
CLIENT ALERT: The Supreme Court’s Defense of Marriage Act Ruling and Its Effect On The Family and Medical Leave Act
July 2013
Aliza F. Herzberg and Lori N. Barnea
CLIENT ALERT: New Generic Domain Name Extensions Are Set To Be Launched This Year
July 23, 2013
CLIENT ALERT: The New York City Earned Sick Time Act
July 2013
Aliza F. Herzberg and Lori Barnea
CLIENT ALERT: Minimizing Class Action Exposure: The Power of Mandatory Arbitration Clauses
July 2013
Andrew B. Lustigman and Alexander J. Sperber
CLIENT ALERT - Changes for Additional Insureds: Coverage could be Expanded, but Recovery could be Limited
June 18, 2013
Allen R. Wolff and Nicole C. Barna
NEWSLETTER: Advertising, Marketing & Promotions, Spring 2013
June 4, 2013
CLIENT ALERT: Various Legal Issues May Arise in Implementing Wellness Programs
May 20, 2013
Barry L. Salkin and Manes Merrit
CLIENT ALERT: FTC Updates Dot Com Disclosures Guide
March 2013
Andrew B. Lustigman
CLIENT ALERT: IRS Provides Only Limited Relief in 2012 for Retroactive Increase in Contribution Limit for Mass Transit Commuting Expenses
February 2013
Nina Krauthamer and Barry Salkin
CLIENT ALERT: Reminder - New York Employers’ Annual Notice Requirement Under the Wage Theft Prevention Act
January 2013
Aliza Herzberg
CLIENT ALERT: Acquiring a C Corp to Obtain Control Over Its Real Estate
January 2013
Thomas Kearns and Nina Krauthamer
CLIENT ALERT: IRS Announces Relief for Victims of Hurricane Sandy
January 2013
Manes Merrit and Barry L. Salkin
NEWSLETTER: Advertising, Marketing & Promotions, Winter 2012
Fall 2012
CLIENT ALERT: ISS Releases U.S. Corporate Governance Policy Updates for the 2013 Proxy Season
November 2012
CLIENT ALERT: Hurricane Sandy and the "Force Majeure" Clauses in Contracts
November 2012
CLIENT ALERT: Delaware vs. NY LLCs
November 2012
CLIENT ALERT: IRS Issues Sample Code § 83(b) Election Form
October 2012
CLIENT ALERT: Reversal of Fortune: Lenders Beware As Eleventh Circuit Reinstates Tousa Bankruptcy Court Decision
July 2012
NEWSLETTER: Advertising, Marketing & Promotions, Summer 2012
Summer 2012
CLIENT ALERT: Distressed Debt Buyers Beware: Delaware Bankruptcy Court Holds That Claim’s Defect Follows Claim Purchaser
June 2012
CLIENT ALERT: Chapter 9 — Municipal Bankruptcy
June 2012
CLIENT ALERT: New Domain Names for Global NGO Community
June 2012
Nina Krauthamer and Mary L. Grieco
CLIENT ALERT: JOBS Act Fundamentals
May 2012
Kenneth Silverman and Michael Neidell
NEWSLETTER: Advertising, Marketing & Promotions, Spring 2012
Spring 2012
CLIENT ALERT: Federal Court Endorses Computer-Assisted Review in E-Discovery
March 2012
Kyle C. Bisceglie
CLIENT ALERT: SEC Staff Issues Risk Alert on Strengthening Practices for Preventing and Detecting Unauthorized Trading
March 2012
Steve Wolosky, Ron Berenblat, Ryan Replogle
CLIENT ALERT: New Social Media Site Can Pose Significant Intellectual Property Issues
March 2012
Mary L. Grieco
CLIENT ALERT: SEC Amends Rule That Permits Registered Investment Advisers to Charge "Qualified Clients" Performance Based Compensation
March 2012
Kenneth M. Silverman and Ryan S. Replogle
CLIENT ALERT: Buyer Beware: Bankruptcy Court Rules That A Non-Collusive Foreclosure Sale May Be A Bankruptcy "Preference"
March 2012
Adam H. Friedman and Jonathan T. Koevary
CLIENT ALERT: Delaware Bankruptcy Court Approves Contested Real Mex Section 363 Sale to Second Lien Noteholders Notwithstanding Administrative Insolvency
February 2012
Michael S. Fox, Adam H. Friedman and Jonathan T. Koevary
CLIENT ALERT: IRS Launches Voluntary Classification Settlement Program ("VCSP")
January 2012
Barry Salkin, Manes Merrit, Nina Krauthamer and Aliza F. Herzberg
CLIENT ALERT: Profiting from Strategic Investments in a Weak Real Estate Market
January 2012
Thomas D. Kearns and Eric L. Goldberg
NEWSLETTER: Advertising, Marketing & Promotions, Winter 2011
Fall 2011
CLIENT ALERT: SEC Amends $1 Million Net Worth Standard for Accredited Investors in Accordance with the Dodd-Frank Act
December 2011
Kenneth M. Silverman and Ryan S. Replogle
Quarterly Survey of SEC Rulemaking and Major Appellate Decisions, 2004-2013
Victor M. Rosenzweig
NEWSLETTER: Advertising, Marketing & Promotions, Fall 2011
Fall 2011
CLIENT ALERT: NLRB'S New Posting Requirements and First Reported Decision Regarding Employees' Social Media Communications
October 2011
Aliza F. Herzberg and Lori Barnea
CLIENT ALERT: New .xxx Domain Name Extension To Be Launched On September 7, 2011: Trademark Owners Must Act to Opt-Out of .xxx Extension
August 2011
Steven R. Gursky and Mary L. Grieco
CLIENT ALERT: Redemption of Privately-Placed Notes Shielded From Clawback in Bankruptcy
August 2011
Michael S. Fox, Adam H. Friedman and Fredrick J. Levy
NEWSLETTER: Advertising, Marketing & Promotions, Summer 2011
Summer 2011
CLIENT ALERT: New York Approves Prudent Management of Institutional Funds Act: IMPORTANT UPDATE
May 2011
Nina Krauthamer
CLIENT ALERT: Friendly Foreclosures May Not be so Friendly: Beware of Successor Liability in Article 9 Sales
May 2011
Adam H. Friedman and Fredrick J. Levy
CLIENT ALERT: Changes to Form I-9 Documentation Recent Amendments Enacted to Help Combat Fraud
May 2011
Aliza F. Herzberg and Lori Barnea
CLIENT ALERT: Revised Bankruptcy Rule 2019: New Disclosure Rules Approved
May 2011
Michael S. Fox, Adam H. Friedman and Fredrick J. Levy
CLIENT ALERT: Importance of Maintaining an ERISA-Compliant Document Retention Policy
April 2011
Manes Merrit and Barry Salkin
CLIENT ALERT: Automatic, Non-Binding Mediation for SDNY Employment Matters
February 23, 2011
Aliza F. Herzberg
CLIENT ALERT: SEC Adopts Final "Say-On-Pay" Rules
February 2011
Ron S. Berenblat and Kenneth M. Silverman
CLIENT ALERT: Victory for Lenders: District Court Quashes Tousa Fraudulent Transfer Opinion
February 2011
Michael S. Fox and Adam H. Friedman
WEBINAR MATERIALS: 2010 Developments in New York e-Discovery
December 15, 2010
Kyle C. Bisceglie
CLIENT ALERT: New Non-Discrimination Tests for Group Health Plans Under the Patient Protection and Affordable Care Act
November 2010
Aliza F. Herzberg and Manes Merrit
PRESENTATION SLIDES: The Dodd-Frank Wall Street Reform and Consumer Protection Act — An Overview of the Impact on Public Companies
November 2010
Kenneth M. Silverman and Michael D. DeDonato
CLIENT ALERT: New York Approves Prudent Management of Institutional Funds Act
October 2010
Nina Krauthamer
CLIENT ALERT: IRS Modifies Proposed Tax Disclosures of Uncertain Tax Positions
October 2010
Nina Krauthamer
CLIENT ALERT: The Dodd-Frank Act: Overview of Impact on Public Companies
September 2010
Robert H. Friedman and Jeffrey S. Spindler
CLIENT ALERT: The Dodd-Frank Act: Registration Requirements for Private Fund Advisers
September 2010
Robert H. Friedman, Jeffrey S. Spindler and Adam W. Finerman
NEWSLETTER: Advertising, Marketing & Promotions, Fall 2010
Summer 2010
CLIENT ALERT: Retroactive Amendment to Clarify NY Power of Attorney Law
August 2010
Robert H. Friedman and Kenneth M. Silverman
CLIENT ALERT: NYSE to Prohibit Broker Discretionary Voting on Executive Compensation Matters
August 2010
Steve Wolosky, Kenneth M. Silverman, Michael R. Neidell and Ron S. Berenblat
CLIENT ALERT: SEC Seeks Public Comment on Proxy System
August 2010
Steve Wolosky, Kenneth M. Silverman, Kenneth A. Schlesinger and Ron S. Berenblat
NEWSLETTER: Advertising, Marketing & Promotions, Summer 2010
Summer 2010
NEWSLETTER: Advertising, Marketing & Promotions, Spring 2010
Spring 2010
CLIENT ALERT: Preservation and Production of Electronically Stored Information
February 2010
Kyle C. Bisceglie, Thomas J. Fleming and Jeffrey A. Udell
NEWSLETTER: Advertising, Marketing & Promotions, Winter 2010
February 11, 2010
CLIENT ALERT: Bankruptcy Courts Split Over Disclosure Required From Ad Hoc Committee Participants Under Rule 2019
February 2010
Michael S. Fox, Adam H. Friedman and Jordanna L. Nadritch
CLIENT ALERT: SEC Releases Interpretive Guidance on Climate Change Disclosure
February 2010
David Adler, Jeffrey Spindler and Kenneth Silverman
PRESENTATION MATERIALS: The Activist's Toolkit
January 2010
Steve Wolosky and Andrew M. Freedman
How the Emerging Area of E-Discovery Impacts You and Your Clients
January 21, 2010
Kyle C. Bisceglie
CLIENT ALERT: SEC Approves Rules Requiring Enhanced Disclosure About Risk, Compensation and Corporate Governance
January 2010
Steve Wolosky, Kenneth M. Silverman and Ron S. Berenblat
CLIENT ALERT: Section 409A in the Mergers and Acquisition Context
December 2009
Nina Krauthamer
COBRA Subsidy Duration and Eligibility Periods Extended
December 2009
Aliza F. Herzberg, Lori Barnea, Manes M. Merrit and Barry L Salkin
CLIENT ALERT: NASDAQ Amends Rules Regarding Advance Notice of Material Information
November 2009
Kenneth M. Silverman
FTC Issues Guidelines Concerning Endorsements and Advertising — Are You In Compliance?
November 2009
Steven R. Gursky and Mary L. Grieco
New York Law Requires Written Notice to Employees of Rates and Timing of Pay
October 2009
Aliza F. Herzberg
NEWSLETTER: Advertising, Marketing & Promotions, Fall 2009
October 21, 2009
IRS Further Extends FBAR Filing Deadline For Certain Persons Until June 30, 2010
August 2009
Warren R. Gleicher and Victor M. Rosenzweig
Weekly Reporting of Short Sale Activity on Form SH No Longer Required Temporary Rule Addressing Abusive "Naked" Short Selling Now Permanent
August 2009
Steve Wolosky, Kenneth M. Silverman and Ron S. Berenblat
SEC Proposes Amendments to Proxy Disclosure and Solicitation Rules
July 2009
Steve Wolosky, Kenneth M. Silverman and Ron S. Berenblat
NEWSLETTER: Advertising, Marketing & Promotions, Summer 2009
July 16, 2009
CLIENT ALERT: Elimination of Broker Discretionary Voting in Director Elections
July 2009
Steve Wolosky
CLIENT ALERT: Foreign Bank and Financial Account Reports Due by June 30, 2009 and IRS Extends FBAR Filing Deadline For Certain Taxpayers From June 30, 2009 to September 23, 2009
June 2009
Warren R. Gleicher and Victor M. Rosenzweig
SEC Proposes New Shareholder Proxy Access Rules
May 2009
Steve Wolosky, Kenneth M. Silverman and Ron S. Berenblat
CLIENT ALERT: Delaware Amends Its General Corporation Law
May 2009
Steve Wolosky, Kenneth M. Silverman and Ron S. Berenblat
NEWSLETTER: Advertising, Marketing & Promotions, Spring 2009
April 15, 2009
New York WARN Act
March 2009
Aliza F. Herzberg and Lori Barnea
Hedge Fund Transparency Act Would Require Hedge Funds and Other Private Funds to Register with the SEC in Order to Remain Exempt from Regulation as Investment Companies
February 2009
Steve Wolosky and Ron Berenblat
CLIENT ALERT: Loss of Coverage Triggers COBRA Notice Requirement
February 2009
Manes Merrit and Barry Salkin
Worker Retiree and Employer Recovery Act of 2008 Provides Pension Funding and Tax Relief
February 2009
Manes Merrit and Barry Salkin
Department of Labor ("DOL") Issues Guidance Regarding Defined Benefit Plan Annual Funding Notice
February 2009
Manes Merrit and Barry Salkin
CLIENT ALERT: Department of Labor ("DOL") Provides Guidance With Respect to ERISA's Fidelity Bonding Requirements
February 2009
Manes Merrit and Barry Salkin
Supreme Court Holds that Plan Administrator Must Follow Plan Document
February 2009
Manes Merrit and Barry Salkin
NEWSLETTER: Advertising, Marketing & Promotions, Winter 2009
January 7, 2009
Emergency Economic Stabilization Act of 2008 ("Act") Affects Certain Foreign Deferred Compensation Arrangements
November 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Emergency Economic Stabilization Act of 2008 ("Act") Affects Certain Executive Compensation
November 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
SEC Issues Final Rule Requiring Institutional Investment Managers to File Forms SH Disclosing Daily Short Sales and Short Positions until August 1, 2009
October 21, 2008
Steve Wolosky, Kenneth M. Silverman and Ron Berenblat
A Brief Guide to Japanese Proxy Solicitations
September 2008
Steve Wolosky and Kenneth M. Silverman
Federal Reserve Issues Policy Statement Relaxing Longstanding Rules Regarding Minority Shareholder Investments in Banks — Permits a Minority Investor to Have a Single Representative on the Board of Directors of a Banking Organization
September 29, 2008
Steve Wolosky and Andrew M. Freedman
NEWSLETTER: Advertising, Marketing & Promotions, Fall 2008
September 24, 2008
2008 SEC Issues Temporary Emergency Orders Prohibiting Short Selling of Financial Stocks and Requiring Institutional Investment Managers to File New Forms SH Disclosing Daily Short Sales and Short Positions
September 22, 2008
Kenneth M. Silverman and Ron Berenblat
EEOC Releases New Guidelines Regarding Religious Discrimination
August 2008
Aliza F. Herzberg and Ryan S. Replogle
Delaware Supreme Court Determines Stockholder-Proposed Bylaw Relating to Proxy Expense Reimbursement to be Invalid
July 30, 2008
Steve Wolosky and Ron S. Berenblat
SEC Provides Guidance on Aggregate Reporting of Multiple Same-Day, Same-Way Open Market Transactions on Section 16 Filings
July 3, 2008
Kenneth M. Silverman, Kenneth Schlesinger and Ron Berenblat
Use of Swaps by Hedge Funds May Accelerate Section 13(d) Filing Obligations Following U.S. District Court (S.D.N.Y.) Decision
June 20, 2008
Steve Wolosky, Ken Silverman, Ron Berenblat and Jason Soncini
NEWSLETTER: Advertising, Marketing & Promotions, Summer 2008
June 19, 2008
CLIENT ALERT: Tenant in Common Checklist
April 2008
Thomas D. Kearns
NEWSLETTER: Advertising, Marketing & Promotions, Spring 2008
April 9, 2008
IRS' Recent Guidance on the Definition of Dependent Could Benefit Domestic Partners
March 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Department of Labor Issues Proposed Regulations Regarding Civil Penalties for Failure to Provide Automatic Contribution Arrangements Notice
March 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Department of Labor Proposes Safe Harbor for Small Plans for Remitting Participant Contributions into a 401(k) Plan
March 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Supreme Court Clarifies/Expands the Availability of Relief for Breach of Fiduciary Duty
March 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Appellate Division Holds New York Employer Must Recognize Same-Sex Marriage Performed Outside of New York
March 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Department of Labor ("DOL") Issues Guidance Concerning Fiduciary Responsibility for Collection of Delinquent Contributions
March 2008
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Revisions to Eligibility Requirements for Primary Securities Offerings on Forms S-3 and F-3
January 2008
Amanda S. Lamson
CLIENT ALERT: Triggering Shotgun Buy/Sell Clauses
January 14, 2008
Thomas D. Kearns
ARTICLE: New York City Real Property Transfer Tax: Continuing Lien Exclusion
Thomas D. Kearns
A unique tax saving method for high-end New York condominiums
IRS Issues Proposed Regulations for Automatic Contribution Arrangements
December 2007
Manes Merrit, Nina B. Krauthamer and Barry Salkin
IRS Proposed Regulations Regarding Benefit Restrictions for Certain Underfunded Defined Benefit Pension Plans
December 2007
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Department of Labor Issues Proposed Rules on Selection of Annuity Providers for Individual Account Plans
December 2007
Manes Merrit, Nina B. Krauthamer and Barry Salkin
IRS Extends Date for Regulatory Compliance Under Code Section 409A until December 31, 2008
December 2007
Manes Merrit and Barry Salkin
Department of Labor Issues Final Rules On Qualified Default Investment Alternatives Under Participant Directed Individual Account Plans
November 2007
Manes Merrit, Nina B. Krauthamer and Barry Salkin
IRS Announces 2008 Benefit Limitations
October 2007
Manes Merrit, Nina B. Krauthamer and Barry Salkin
IRS Extends Deadline for Documentary Compliance for Code Section 409A
September 2007
Manes Merrit, Nina B. Krauthamer and Barry Salkin
Final IRC Section 409A Regulations
May 2007
Nina Krauthamer
New SEC Rules Relating to Executive Compensation Disclosure
October 2006
Jason Saltsberg
Third Circuit Opens the Door to Breach of Fiduciary Duty Claims
January 2006
Thomas J. Fleming and Adam H. Friedman
Securities Offering Reforms-Amendments to the Securities Act and the Exchange Act
December 2005
New SEC Rules Relating to Shell Companies
September 28, 2005
Additional Form 8-K Disclosure Requirements and Acceleration of Filing Date
April 27, 2004
Adoption of Updated EDGAR Filer Manual
August 1, 2003
Management's Reports on Internal Controls Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports
August 1, 2003
Implementation of Standards of Professional Conduct for Attorneys
June 18, 2003
Improper Influence on Conduct of Audits
June 10, 2003
Mandated Electronic Filing and Website Posting for Forms 3, 4, and 5
May 29, 2003
Strengthening the Commission's Requirements Regarding Auditor Independence
May 6, 2003
Disclosure in Management's Discussion and Analysis about Off-Balance Sheet Arrangements and Aggregate Contractual Obligations
May 6, 2003
Regulation Analyst Certification
April 30, 2003
Standards Related to Listed Company Audit Committees
April 21, 2003
Retention of Records Relevant to Audits and Reviews
March 19, 2003
Section 16 Reporting Requirements as Amended by the Sarbanes-Oxley Act
February 27, 2003
Insider Trades During Pension Fund Blackout Periods
February 22, 2003
Conditions for Use of Non-GAAP Financial Measures
February 5, 2003
Disclosure Required by Sections 406 & 407 of the Sarbanes-Oxley Act of 2002
February 5, 2003
Ownership Reports and Trading by Officers, Directors and Principal Security Holders
August 23, 2002
Summary of The Sarbanes-Oxley Act of 2002
August 6, 2002

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