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The IRS has recently proposed regulations under Section 752 of the Code which, if finalized in current form, would radically change the use of guarantees in partnership transactions.

On November 27, 2012, in In re Complete Genomics, Inc. S’holders Litig., C.A. No. 7888-VCL (Del. Ch. Nov. 27, 2012), Delaware Court of Chancery Vice Chancellor J. Travis Laster issued a bench ruling enjoining the enforcement of a "Don’t Ask, Don’t Waive" provision in a standstill/confidentiality agreement with a potential bidder that forbade private requests from the bidder for a waiver of the standstill restrictions.

A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a debtor.

On January 2, the Financial Industry Regulatory Authority (FINRA) published its annual regulatory and examination priorities letter.

Unlike financial identity theft, which targets a victim's financial health, medical identity theft threatens a victim's very existence.

Federal law’s much-talked-about presumption in favor of enforcing arbitration clauses has its limits.

A recent post-trial decision by Vice Chancellor J. Travis Laster of the Delaware Court of Chancery puts directors serving as designees of preferred investors on notice that they must attempt to maximize value for common shareholders, or risk being found liable for breach of fiduciary duty.

Some corporate practitioners could have the impression that significant fee awards are granted as a matter of course in M&A class action litigation, even where the results obtained by class counsel were supplemental disclosures regarding the proposed transaction.

Paul Johnson Drywall, Inc. agreed to pay $600,000 in back wages and liquidated damages to 445 current and former employees.

Car service drivers file proposed nationwide class action lawsuit against Uber Technologies, Inc., a car service company, in a California federal district court seeking a minimum of $5 million in damages.

The U.S. Department of Labor has targeted a number of industries for allegedly misclassifying employees as independent contractors, and cable companies are one of them.

A chapter 11 trustee sought court approval of a Section 363 sale of the debtor’s hotel to its secured creditor for a credit bid of ~$13.8 million.

Lacy is one more in a long list of cases where an Ohio mortgage was attacked based on defects in execution.

A discussion on Fannie Mae's objection to a "cramdown" plan of reorganization.

In Peoples Nationals Bank, N.A. v. Jones , the district court reversed the bankruptcy and held that a standard dragnet clause in a mortgage was not sufficient to secure an advance made by the mortgagee in connection with other real estate.

In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the debtor’s attempt to discharge it through a plan of reorganization.

A recent online edition of New York Magazine’s "Daily Intelligencer" includes a comprehensive article on how Silicon Valley startup tech companies using "the 1099 model" may be exposed to employment, tax and benefit law liabilities that could drive them out of business or cause them to change to a W-2 model.

Among the basic principles in arbitration law are: (1) courts should favor and defer where possible to a valid arbitration clause and (2) an arbitration clause that intends to arbitrate "any dispute" "arising out of or in connection with" the underlying agreement should be construed broadly to include any claims relating to the agreement, including tort claims.