Also in This Issue
GC Agenda: January 2023
A round-up of major horizon issues for general counsel.
Practical Law The Journal
The FTX Bankruptcy: What Parties Can Expect
An expert Q&A explaining key issues and developments in the FTX cryptocurrency exchange bankruptcy and discussing what FTX debtors and creditors can expect moving forward.
Dennis O'Donnell, Stuart Brown, and Noah Schottenstein, DLA Piper
Considerations Regarding Universal Proxy
Company boards should prepare for the 2023 proxy season by understanding the mechanics of the new universal proxy rules and their potential impact on contested director elections.
Francis J. Aquila, Sullivan & Cromwell LLP
ESI in Trade Secret and Restrictive Covenant Litigation Involving Former Employees
An organization facing pending or anticipated trade secret or restrictive covenant litigation against a former employee must properly manage various e-discovery issues, including where to locate and how to preserve relevant electronically stored information (ESI).
Joshua M. Hummel, Redgrave LLP
Reviewing a Government Contracts CDA Claim
Guidance for federal agency counsel reviewing a government contractor’s claim for relief under the Contract Disputes Act of 1978 (CDA) (41 U.S.C. §§ 7101 to 7109).
Practical Law Government Practice
Antitrust Issues in ESG Collaborations
An expert Q&A on best practices for environmental, social, and governance (ESG) collaborations to minimize antitrust risk and avoid scrutiny by the antitrust agencies.
Joshua Shapiro, Eversheds Sutherland
Separation and Release of Claims Agreement (Short-Form)
A model short-form separation agreement (also known as a severance agreement) between a private employer and departing non-unionized, at-will employee, with explanatory notes and drafting tips.
Practical Law Labor & Employment
Preparing for Pay Versus Performance Disclosure
An examination of the “pay versus performance” disclosure requirement, including guidance on performing the calculations required to complete the new table and describing the relationships between performance measures and compensation actually paid.
Kyoko Takahashi Lin and Travis Triano, Davis Polk & Wardwell LLP
Federal Bench Trial Considerations
Key issues for counsel to consider when deciding whether to seek a nonjury (bench) trial in federal civil court.
Practical Law Litigation
Guaranties in Commercial Mortgage Loans
Counsel for borrowers and guarantors must understand the types of guaranties commonly used in commercial mortgage loans and negotiate key guaranty provisions carefully.
Practical Law Real Estate
Current Developments in Unitranche Financing
The use and volume of unitranche financing continue to grow. However, this debt structure presents unique legal issues and potential bankruptcy risks that lenders must consider.
Geoffrey R. Peck, Leonela Vaccaro Padrón, and Gabriella Fortun, Morrison & Foerster LLP
Breach of Contract Defenses (New York)
An outline of the common defenses that are available to a defendant when responding to a complaint that pleads breach of contract under New York common law.
Practical Law Commercial Litigation