April 08, 2020

COVID-19 Ramifications for Public Companies—SEC Disclosures, SEC Filings, and Shareholder Meeting Logistics

By: Laura D. Richman and Michael L. Hermsen , Mayer Brown LLP This article discusses some key ramifications of the coronavirus outbreak for public companies. In addition to a host of significant general business concerns, such as those relating to liquidity and financing opportunities, revenues, supply chain, and employee and community health and welfare, the novel coronavirus known as COVID-19 has raised a number of...

April 08, 2020

SEC Reporting Companies: Considering the Impact of the Coronavirus on Public Disclosure and Other Obligations

By: Mark S. Bergman , John C. Kennedy , and Christopher J. Cummings , Paul, Weiss, Rifkind, Wharton & Garrison LLP Introduction This article discusses some key areas of focus regarding the coronavirus outbreak. It also highlights conditional relief issued by the Securities and Exchange Commission (SEC) on March 4, 2020, for reporting companies affected by the coronavirus that have SEC filings due between March...

April 08, 2020

SEC Issues Statement on Coronavirus Reporting Considerations and Potential Relief

By: Mark S. Bergman , Paul, Weiss, Rifkind, Wharton & Garrison LLP Introduction This article discusses the joint Public Statement 1 issued by the U.S. Securities and Exchange Commission (the SEC) Chairman Jay Clayton, SEC Division of Corporation Finance Director Bill Hinman, SEC Chief Accountant Sagar Teotia and PCAOB Chairman William D. Duhnke III (the Statement), addressing financial reporting considerations...

April 08, 2020

Navigating Coronavirus: A Guide for REIT General Counsel

By: Evan Hudson , Jeffrey S. Lowenthal , Jeffrey D. Uffner , and Michelle M. , Jewett Stroock & Stroock & Lavan The World Health Organization declared COVID-19 a pandemic, then markets continued a steep decline, as the coronavirus morphed from a public health crisis to a financial black swan event. As owners of much of the real estate that supports the U.S. economy, real estate investment trusts (REITs) face...

March 19, 2020

Coronavirus (COVID-19) Resource Kit

Access Lexis Practice Advisor’s complimentary Coronavirus (COVID-19) Resource Kit here. Lexis Practice Advisor subscribers may access the Coronavirus Resource Kit here. Not a subscriber? Follow this link to sign up for free access to the Coronavirus Resource Kit.

March 11, 2020

Malaysian Mobile Court Helps to Bring Undocumented People Under Rule of Law

People living in the remote jungles of Malaysia can now claim their nationality and prove their identities through documents issued by a mobile court GAYTHRI RAMAN, MANAGING DIRECTOR OF LexisNexis Southeast Asia, and a team of magistrates, lawyers, medical officers, government officials, and former Malaysian Chief Justice Tan Sri Richard Malanjum traveled to Kampung Matanggal, Sabah, a village in the Malaysian jungle...

March 11, 2020

Updates and Legal Developments - Spring 2020

Lexis Practice Advisor subscribers may access a complete Coronavirus Resource Kit by following this link . CORONAVIRUS SPREAD CREATES UNCERTAINTY FOR BUSINESSES AND THEIR COUNSEL AS THE CORONAVIRUS CONTINUES ITS SPREAD FROM China to Europe and the United States, the World Health Organization (WHO) is calling for action. “Now it’s the time to prepare,” Dr. Mike Ryan, director of emergencies program...

March 11, 2020

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

By: Ronald S. Greenberg , Natan Hamerman , Daniel Lennard , and Zachary C. Naidich , Kramer Levin Naftais & Frankel LLP FOR MORE THAN 50 YEARS, A COMMERCIAL TENANT IN New York that was threatened with eviction could count on obtaining a Yellowstone injunction tolling its time to cure alleged lease defaults while challenging the legitimacy of those defaults. The result was that a commercial tenant could bring such...

March 11, 2020

Policy Updates for the 2020 Proxy Season

By: David A. Bell , Ran Ben-Tzur , James D. Evans , Robert A. Freedman and Amanda L. Rose , Fenwick & West LLP This article discusses the updates issued by Institutional Shareholder Services (ISS) and Glass Lewis to their voting policies for the upcoming 2020 proxy season. Recently, ISS and Glass Lewis released revisions to their respective proxy voting guidelines for 2020. The ISS and Glass Lewis updates applicable...

March 11, 2020

Cybersecurity Starts at the Top: Risks and Concerns for Directors and Officers

By: Matthew D. Dunn and Melissa J. Erwin , Carter Ledyard & Milburn LLP While many are no doubt tired of hearing about cybersecurity, hackers and cyber-criminals continue to employ sophisticated and evolving strategies to access data and disrupt organizations, and, unfortunately, this issue is not going away. CYBERSECURITY, HOWEVER, IS NOT ONLY A PROBLEM FOR legal, compliance, and information technology personnel...

March 11, 2020

Tips for Avoiding IP Malpractice Claims

By: Ethan Horwitz , Carlton Fields Malpractice cases are on the rise—and the amounts in issue are rising significantly as well. A recent survey of legal malpractice cases found that after “several years of stability,” the number of new malpractice claims was on the rise. 1 That survey also showed an “alarming increase in claim severity” with clients “much more willing to point fingers...

March 10, 2020

Americans with Disabilities Act: Guidance for Employers on Reasonable Accommodations and Undue Hardship

By: Betsy Johnson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C. This article provides guidance for employers on providing reasonable accommodations for disabled employees pursuant to Title I of the Americans with Disabilities Act of 1990 (ADA) and amendments to it by the ADA Amendments Act of 2008 (ADAAA). 1 THE ADA AFFIRMATIVELY REQUIRES EMPLOYERS TO MAKE reasonable accommodations to the known limitations...

March 10, 2020

Disability Accommodation Request Form (ADA)

By: Joseph D. Guarino , DLA Piper This form is a Disability Accommodation Request (ADA) that an employee can use to request a reasonable accommodation. It contains practical guidance and drafting notes. This form is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. Employee Information: ...

March 10, 2020

Disability Accommodation Request Resolution Form (ADA)

By: Sara Kula , DelBello Donnellan Weingarten Wise & Wiederkehr, LLP An employer may use this form to document the determination of an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (ADA). The form is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and...

March 10, 2020

Americans with Disabilities Act: Guidance for Commercial Real Estate Owners

By: Jonathan R. Mook, DiMuroGinsberg, P.C. and Howard (Skip) Maginniss, MAGINNISS + DEL NINNO ARCHITECTS One goal of the Americans with Disabilities Act of 1990 (the ADA or the Act) is to ensure that commercial facilities and public accommodations are accessible to persons with disabilities. As a result, ADA regulations have far-reaching effects on both newly constructed and existing buildings. THIS ARTICLE EXPLAINS...

March 10, 2020

Antibody Claims: Patent Eligibility and Written Description Issues

By: Christopher E. Loh , Venable LLP The rise of antibody-based treatments in the pharmaceuticals market has been accompanied by developments in U.S. patent law that may adversely affect the scope of intellectual property protections available for such treatments. Some of those developments concern the basic patent eligibility requirement. 1 Others concern the written description and enablement requirements. 2 This...

March 10, 2020

High Yield vs. Investment Grade Covenants

By: David Azarkh and Sean Dougherty, Simpson Thacher & Bartlett LLP There are fundamental differences between the covenants of high yield and investment grade debt securities. While investment grade covenants tend to be less restrictive and more limited, high yield covenants are often much more onerous, in large part because of the creditworthiness of the issuer. This checklist outlines key debt covenants and explains...

March 10, 2020

The Enforceability of Boilerplate Contractual Provisions

By: Jim Wagstaffe and The Wagstaffe Group Recent caselaw has upheld the enforceability of boilerplate contractual provisions regarding forum selection, choice of law, and mandatory alternative dispute resolution. These clauses, seemingly innocuous in their inception, often provide the fulcrum for success or failure in ensuing litigation. This article addresses this important development in the law. SO-CALLED BOILERPLATE...

January 16, 2020

Animated “Motion Trademarks” Grow in Popularity and Legal Protection Around the World

By: Belinda J. Scrimenti , Pattishall, Mcauliffe, Newbury, Hilliard & Geraldson LLP Digital technology has led to innovative advertising and marketing. Brand owners are increasingly using the technology to create and protect new forms of trademarks, consisting of motion, holograms, and other multimedia features. WHILE U.S. TRADEMARK LAW HAS PROTECTED THESE types of marks for many years, much of the international...

January 16, 2020

Updates and Legal Developments Winter 2019

AMAZON’S DATA STORAGE VIOLATES ILLINOIS BIOMETRIC PRIVACY LAW, STATE RESIDENTS ALLEGE AMAZON WEB SERVICES IS VIOLATING THE ILLINOIS Biometric Information Privacy Act (BIPA), 740 Ill. Comp. Stat. Ann. 14/1, by allowing commercial customers to use its cloud storage services to house employees’ biometric data without obtaining permission or disclosing the purpose for the storage, a group of Illinois residents...

January 16, 2020

The California Consumer Privacy Act is in Effect: What to do Now

By: Andrew L. Rossow, Esq. WITH THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) now in effect, is your firm and/or business ready for the new compliance requirements? The CCPA is codified under Cal. Civ. Code § 1798.100. Background On May 25, 2018, the European Union’s (EU) General Data Protection Regulation (GDPR) took effect, replacing the previous EU Directive. Under the GDPR, any individual in the EU who...

January 16, 2020

Data Privacy Laws, Hackers Put New Emphasis on Cyber Insurance

By: Rich Ehisen THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) 1 and other state data privacy laws have done more than motivate companies to rethink how they manage consumer data; they also have many organizations thinking more than ever about how they manage their cyber insurance coverage. Once considered a niche product, cyber insurance policies have become common for companies that handle large amounts of consumer...

January 16, 2020

Drafting Choice-of-Law Provisions

By: Timothy Murray , Murray, Hogue & Lannis ONE TIME I FOUND MYSELF ON THE SET OF A HOLLYWOOD soundstage for a popular television show about a lawyer. In the law library of the fake TV law firm, I noticed something that viewers at home couldn’t see: the case reporters containing judicial decisions were all out of order—the volumes were shelved randomly, not according to number. That, of course, would...

January 16, 2020

Negotiating an Underwriting Agreement

By: Anna Pinedo, Brian Hirshberg , and Raffi Garnighian, Mayer Brown LLP In connection with a registered securities offering, the underwriters of the offering typically enter into an underwriting agreement with the issuer of the securities and any selling stockholders. THE UNDERWRITING AGREEMENT SETS FORTH THE TERMS and conditions pursuant to which the underwriters will purchase the offered securities and distribute...

January 16, 2020

Guidance for Real Estate Developers on Complying with the Endangered Species Act

By: Parker Moore and Katrina Krebs , Beveridge & Diamond PC This article provides an overview of the Endangered Species Act (ESA) 1 and discusses the obligations of real estate developers and property owners with respect to the ESA. CONGRESS ENACTED THE ESA IN 1973 TO PROTECT AND recover imperiled species and their habitats. The U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service ...