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Supreme Court Clarifies Treatment of Trademarks in Bankruptcy Cases

The Restructuring Report

August 28, 2019

A recent Supreme Court decision resolves an important question regarding what rights a non-debtor licensee has to continue to use a trademark under a rejected lease and may also have broader ramifications on the rights of contract parties when a contract is rejected under Section 365.

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New Bankruptcy Laws Attempt to Assist Family Farming Operations and Small Businesses

The Restructuring Report

August 28, 2019

Congress recently passed the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019, intended to make the Chapter 12 and Chapter 11 processes more accessible to family farming operations and small business debtors, respectively.

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Chapter 11 Bankruptcy Uses and Strategies—What Can Be Accomplished?

The Restructuring Report

August 28, 2019

Chapter 11 bankruptcy is an important and powerful tool to address financial challenges that a company and its decision-makers may be facing. While the process has its challenges, understanding the rights afforded and strategic advantages available through the Chapter 11 process is critical.

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SEC Proposes Amendments to Regulation S-K to Modernize Disclosures of Business, Legal Proceedings and Risk Factors

The Ticker

August 9, 2019

On August 8, the SEC proposed amendments to modernize the description of business, legal proceedings and risk factor disclosures that registrants are required to make pursuant to Regulation S-K.

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Key Takeaways from the 2019 Proxy Season

The Ticker

August 9, 2019

The Ernst & Young Center for Board Matters recently published a report on the 2019 proxy season, highlighting five key takeaways and offering related questions for boards to consider.

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The Emergence of a New Standard for Director Overboarding

The Ticker

August 9, 2019

Another key takeaway from the 2019 proxy season is the emergence of a new, stricter standard for what constitutes director “overboarding.”

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Sarbanes-Oxley Compliance Remains Costly and Time Consuming

The Ticker

August 9, 2019

“Seventeen years after passage of the Sarbanes-Oxley Act (SOX), those not involved in SOX compliance might assume that by now it would be a rote activity requiring diminishing effort. They would be wrong.” So begins a recent CFO.com article discussing the results of Protiviti’s 2019 Sarbanes-Oxley Compliance Survey.

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Does Your Board Need a ‘Qualified Technology Expert,’ or Even a Technology Committee?

The Ticker

August 9, 2019

A recent Forbes article argues that it is becoming increasingly necessary for boards to possess cyber security and technology expertise.

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Study of Say-on-Pay Data Shows Your “Against” Vote Is Coming

The Ticker

June 26, 2019

In any given year, the vast majority of companies receive overwhelming shareholder support for their say-on-pay proposals; however, most companies should expect to receive an “against” vote recommendation from a proxy advisory firm at least once.

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Characteristics of 2019’s Newly-Appointed Directors

The Ticker

June 26, 2019

A recent publication by ISS Analytics examines the characteristics of directors who were newly-appointed at Russell 3000 companies and notes five major trends in new director appointments for 2019.

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