Blockchain has the power to revolutionize the way we transact in and track ownership of assets, including by helping reduce counterparty risk, expediting transaction settlement, and improving asset provenance...

Last month, the Department of Justice Antitrust Division ("DOJ") and the Federal Trade Commission released the 2023 Merger Guidelines.

"Making IPOs great again" is a stated goal of Paul S. Atkins, U.S. Securities and Exchange Commission (SEC) Chairman. To redress a decline in the number of companies listed on the U.S. exchanges over the past three decades, Chairman Atkins wants to streamline SEC reporting requirements and, to the extent feasible, "de-politicize" public shareholder meetings and reduce the threat of shareholder litigation.

General partners and fund managers have traditionally managed litigation risk mainly by adhering to the language and structure of fund agreements and maintaining formal corporate separation in the governance of fund and management entities.

Today, scrutiny is no longer confined to public equities markets. In a pair of recent prosecutions, including last week’s indictment of a Google employee, the Department of Justice has made clear that it will pursue insider trading type cases wherever (i) confidential data moves prices, and (ii) a duty-bound actor exploits that data for trading advantage, even outside the securities laws. Prediction markets and crypto platforms appear to be the primary testing ground for this expanded enforcement theory

Last week, the Department of Justice Antitrust Division suffered two trial setbacks in its efforts to bring cases involving alleged anticompetitive conduct in labor markets.

On February 10, 2022, the SEC adopted a proposal to make significant changes in the rules requiring investors to report their ownership of shares of U.S. publicly traded companies.

One of Justice Strong's most notable opinions is Strauder v. West Virginia, an 1880 case where a Black man was convicted in West Virginia by an all-white jury.

On March 9, 2022, President Biden issued an executive order on the "responsible development of digital assets." He directed a "whole government"...

In the early hours of 15 March 2022, the Economic Crime (Transparency and Enforcement) Act (the "Act") received royal assent.

The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts...

Every few months, I find myself in a familiar conversation with a foreign investor who is approaching a French transaction for the first time. They have done cross-border deals before, and have done their research. They usually arrive with a version of the same assumption: that France is more complicated than it needs to be, that the regulatory environment is from a different era, and that with the right advisors, the complexity can be “figured out.”

In January, as the Biden Administration drew to a close, the U.S. Department of Justice ("DOJ") and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. ("RealPage").

The SEC's original proposals in March 2022 generated substantial public comment.

In an opinion addressing an issue of first impression, a federal judge ruled last week in United States v. Heppner ...by the attorney-client privilege or the work product doctrine

On June 27, 2023, the Federal Trade Commission ("FTC") announced that it is proposing changes to the premerger notification rules that implement the Hart-Scott-Rodino ("HSR") Act and to the HSR...

This is the second of a new series of Cohen & Gresser client advisories on how to raise money in the U.S. capital markets. In the first advisory, we noted that private capital raising has dwarfed public capital raising in the U.S. over the past few decades.

The U.S. Supreme Court's decision in Trump v. Slaughter is poised to fundamentally alter the landscape of federal regulatory enforcement and administrative rulemaking. This analysis explores the potential implications for FTC authority, independent agency operations, and the broader administrative state. Businesses face critical strategic decisions as they prepare for a transformed regulatory environment that may significantly curtail agency power.

What is the scope of banks' duties to customers in executing their customers' instructions? In particular, what are banks' duties if the instruction is the instrument of fraud?

In recent months, we have seen Blackstone announce that its tactical opportunities business raised $5.2 billion of capital commitments for its fourth flagship comingled fund, this being a substantially higher amount than its third fund.