Also in This Issue

TransactionalGC Agenda
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

TransactionalIn the Boardroom
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

LitigationE-Discovery Bulletin
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

GovernmentGovernment Practice
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

LitigationESG Watch
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

LitigationDrafting Notes
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

TransactionalRules Release
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

TransactionalPractice Note
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

TransactionalIssues & Insights
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

LitigationLocal Counsel
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