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  • Article

    Delaware Supreme Court Upholds Heightened Protection For Controlling Stockholder Transactions

    On Feb. 27, the Delaware Supreme Court in Rutledge v. Clearway Energy Group LLC, No. 248, 2025 (Del. Feb. 27, 2026), upheld the constitutionality of recent amendments to Section 144...
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Democratization Of VC Funds

    At least once or twice per year, a prospective client will call with the greatest new idea—launch a venture fund for everyone. Open up potential fundraising by appealing to moderate-income people.
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    DOJ Announces New Safe Harbor Policy For Reporting Of Misconduct In Connection With M&A Transactions

    On Oct. 4, Deputy Attorney General Lisa Monaco announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions.
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Nasdaq Proposes To Tighten Listing Standards And Add Special Requirements For China-Based Companies

    On Sept. 3, Nasdaq submitted proposals to the U.S. Securities and Exchange Commission (SEC) to modify its initial and continued listing standards, with the stated aim of improving market integrity, investor protection, and liquidity.
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    The Dangers Of Corporate Counsel Succumbing To Client Pressure

    At some point in every corporate lawyer's career, they are thrust into a situation pitting their obligation to zealously advocate in helping a client achieve its goals...
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    2026 National Health Care Fraud Takedown Highlights Shift Toward AI-Assisted Investigative Techniques

    The Department of Justice charged 455 defendants in its 2026 National Health Care Fraud Takedown, seizing over $182 million in assets connected to more than $6.5 billion in alleged false claims. With expanded Medicaid enforcement across 45 states and the increasing use of artificial intelligence to detect fraud before payments are made, federal prosecutors are fundamentally changing how they investigate and prosecute health care fraud schemes.
    United StatesCriminal Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    DOJ Announces New Voluntary Self-Disclosure Policy

    On February 22, 2023, the Department of Justice (DOJ) announced a nationwide Voluntary Self-Disclosure Policy (VSD Policy), which goes into effect immediately and which is meant to strongly encourage self-disclosures.
    United StatesCriminal Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    SEC Enforcement Director's First Public Remarks Signal Greater Emphasis On Due Process And Timely Remediation

    On February 11, SEC Division of Enforcement (Enforcement Division) Director Margaret Ryan delivered her first public...
    United StatesCriminal Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    The Future Of The False Claims Act

    On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice's (DOJ)...
    United StatesCriminal Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    REMINDER: New York City 'Workers' Bill Of Rights' Notice Requirement And DOL Overtime Final Rule Both Effective July 1, 2024

    Employers should take note of two important developments at the federal and local levels, both taking effect July 1, 2024.
    United StatesEmployment and HR
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    FinTech Five

    Federal Reserve Vice Chair Michelle Bowman emphasizes that AI governance in financial institutions should be tailored to specific use cases and materiality, while industry groups push for technology-neutral blockchain frameworks and the SEC continues to assert securities jurisdiction over crypto service agreements. FINRA proposes modernizing its communications rules with risk-based supervision, and Kalshi challenges a federal court decision that declined to shield it from state gambling regulators.
    United StatesFinance and Banking
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    SEC Raises Qualified Client Thresholds: What Advisers Need To Do Before June 29

    The Securities and Exchange Commission (SEC) has raised the dollar thresholds for “qualified client” status under Rule 205-3 of the Investment Advisers Act of 1940 (Advisers Act).
    United StatesFinance and Banking
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    The Transformative Potential Of AI In The Pharmaceutical Industry: Opportunities And Cautions

    Artificial intelligence (AI) is set to revolutionize the pharmaceutical industry, offering unprecedented efficiencies in product development and manufacturing processes.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Logs Of Private Emails Conducting ‘Government-Related’ Business Now Deemed Government Records Subject To OPRA Disclosure, Rules New Jersey Supreme Court

    The New Jersey Supreme Court has ruled that government-related emails stored in public officials' personal email accounts are subject to disclosure under the Open Public Records Act (OPRA). This landmark decision in Rosetti v. Ramapo-Indian Hills Regional High School Board of Education establishes that public business cannot be shielded by using private email accounts, creating significant implications for both public entities and those seeking government records.
    United StatesGovernment, Public Sector
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Trade Matters

    The U.S. Department of Commerce's Bureau of Industry and Security (BIS) recently issued an interim final rule that significantly expands export controls on advanced computing materials and semiconductors.
    United StatesGovernment, Public Sector
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Trade Matters - May 9, 2024

    On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States ...
    United StatesGovernment, Public Sector
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    U.S. Treasury Renews Push To Make Investment Advisers Subject To The BSA

    The United States Department of the Treasury (U.S. Treasury) announced that it aims to publish a proposed rule in early 2024 (the 2024 NPRM) that would subject investment advisers...
    United StatesGovernment, Public Sector
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Circuits Split On How Far To Extend Third-Party Exculpation Provisions (Video)

    Nicole Fulfree, partner in Lowenstein's Bankruptcy & Restructuring Department, discusses a recent Fifth Circuit decision that represents a slight broadening of the...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Video

    Courts Hold Electricity Not A "Good" Entitled To Bankruptcy Code § 503(b)(9) Priority Treatment (Video)

    Scott Cargill discusses two recent Federal court decisions from Oregon and New York holding that a utility's claim for providing electricity to a debtor in the weeks prior to a bankruptcy filing was not entitled...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

    In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court ...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP

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