Lowenstein Sandler LLP

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Phone: 212.262.6700
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • California
  • D.C.
  • New Jersey
  • New York
  • Utah
Number of Attorneys
200+ Attorneys
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Publications Events About Authors Awards

Karen Abraham

Legal Trading Agreements: As Important Now as in 2008

Although it is unlikely that the recent failure of certain financial institutions will have an impact similar to the collapse of Lehman Brothers in 2008, the current climate does bring to mind that distressed era. In reviewing… more

Buy-Side Trading, Financial Crisis, Financial Institutions, Investment, Investment Management

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Lesley Adamo

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

See all updates »

Dmitry Andreev

Federal Circuit Tightens Standards for AI-related Patent Eligibility

Summary: In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), the Federal Circuit delivered a clear warning: simply applying generic AI-based models to new environments is not enough to secure… more

Algorithms, Appeals, Artificial Intelligence, Inventions, Machine Learning

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Abbey Baker

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order 14105… more

China, Critical Infrastructure Sectors, Final Rules, Foreign Investment, Hong Kong

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Dotan Barnea

What Non-US Startups Need to Know About Granting Stock Options

Partners Dotan Barnea and Darren Goodman talk with Taryn Cannataro about what a startup outside of the United States should do if it is considering granting stock options to employees in the U.S. Such situations give rise to… more

Employee Benefits, Executive Compensation, Incentive Stock Options, Startups, Stock Options

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Kate Basmagian

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration… more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Andrew Behlmann

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

See all updates »

Lynda Bennett

Bad Faith No More: New York Courts Shift the Insurance Paradigm

In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift… more

Appeals, Appellate Courts, Bad Faith, Breach of Contract, Damages

See all updates »

John Berger

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

See all updates »

Mikayla Berliner

Federal Government Asks 11th Circuit To Reverse Decision Declaring Qui Tam Provision of the False Claims Act Unconstitutional

In October 2024, we wrote about U.S. District Judge Kathryn Kimball Mizelle’s dismissal of a whistleblower action, deeming the qui tam provisions of the False Claims Act (FCA) unconstitutional. The Department of Justice (DOJ)… more

Appeals, Appointments Clause, Article III, Constitutional Challenges, Department of Justice (DOJ)

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Zachary Berliner

Going and Staying Green: Sustainability in Real Estate

Today on “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Zachary L. Berliner talk with Alex Lassiter, the CEO and founder of Greenplaces, which helps businesses navigate the complexities of carbon… more

Carbon Emissions, Climate Change, Corporate Social Responsibility, Environmental Policies, Environmental Social & Governance (ESG)

See all updates »

Daniel Besikof

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

See all updates »

Meredith Beuchaw

How Founders Can Get Paid (and Keep the Cash): A Practical Guide

Understanding market trends and effective planning strategies can yield improved financial results for start-ups and growth companies. Starting your start-up. What type of entity you form impacts your taxes, which hits your… more

C-Corporation, Emerging Growth Companies, Employee Retention, Estate Planning, Exit Strategies

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Megan Bodie

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - December 26, 2024

As we wrote previously, the U.S. Department of the Treasury has issued a final rule that takes effect on December 26 that will dramatically raise the Committee on Foreign Investment in the United States (CFIUS) penalties from… more

Artificial Intelligence, Bureau of Industry and Security (BIS), Canada, CFIUS, China

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Daniel Borneman

Trump Administration Plans Aggressive FCA Enforcement

At the Federal Bar Association’s annual qui tam conference in Washington, D.C. on Feb. 20, 2025, the Deputy Assistant Attorney General for the Department of Justice’s (DOJ) Commercial Litigation Branch, Michael Granston, said in… more

Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

See all updates »

Naomi Barrowclough

SCOTUS to Address Circuit Split Over Arbitration Waiver

Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to… more

Arbitration, Arbitration Agreements, Consumer Contracts, Fair Labor Standards Act (FLSA), First-to-File

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Matthew Boxer

DOJ Says You Can Put the Fire Out From Inside the House: New Voluntary Self-Disclosure Program Seeks to Root Out Corporate Crime From Within

Introduction: On April 15, 2024, the Department of Justice’s (DOJ) Criminal Division announced a new Pilot Program on Voluntary Self-Disclosure for Individuals. Under this program, individuals who voluntarily disclose certain… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Financial Crimes, Healthcare Fraud

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William Brannan

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs were… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, FinTech

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Michael Brosse

Restrictive Covenants in Connection With a Sale of a Business Cannot be Overbroad

Business owners and transaction lawyers who view non-compete agreements as standard in connection with the sale of a business should be careful not to overreach in imposing restrictive covenants on sellers in purchase agreements… more

Non-Compete Agreements, Purchase Agreement, Restrictive Covenants, Selling a Business, Shareholders

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Kegan Brown

4th Circuit Holds Exposure to Contaminants Is a Sufficient Injury in Some Medical Monitoring Cases

On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are… more

Appellate Courts, Article III, Class Action, Contamination, Environmental Litigation

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Michael Buxbaum

Paycheck Protection Program Round 2: FAQs For Microbusinesses

The Paycheck Protection Program closed on May 28, 2021. The SBA is no longer accepting new applications from participating lenders. The following FAQs are for informational purposes only and to assist borrowers who obtained… more

Borrowers, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Independent Contractors

See all updates »

Matthew Cammarata

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

See all updates »

Pati Candelario

Emerging Threat: Task-Based Employment Scams Target Businesses and Their Employees

A new wave of sophisticated gamified job scams, often called task scams, is targeting both companies and job seekers, according to recent Federal Trade Commission (FTC) data. These scams trick people into performing simple, fake… more

Documentation, Employee Training, Federal Trade Commission (FTC), Internal Controls, Risk Management

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Taryn Cannataro

Preparing for an M&A Transaction from an Employment and Executive Compensation Perspective

In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an M&A… more

Acquisitions, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retention

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Jeremy Cantor

The Importance of Complying with Private Fund Documents for Affiliate Transactions

Private fund advisers continually balance their ongoing responsibility to ensure that the funds they advise comply with such funds’ governing documents and their responsibility to ensure their own compliance with applicable law… more

Affiliates, Compliance, Conflicts of Interest, Documentation, Enforcement Actions

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Eric Chafetz

Bankruptcy in Real Estate: What to Do When Faced with Foreclosure?

This episode of “Terra Firma: Conversations on Commercial Real Estate” features hosts Stacey C. Tyler and Stephen Tanico talking with Eric Chafetz, partner in Lowenstein’s Bankruptcy and Restructuring Group, about office market… more

363 Sales, Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Rasmeet Chahil

Why Firms Should Help Associates Do More Pro Bono Work

Associates may hesitate to take on pro bono matters due to the added commitment, but pro bono work has tangible benefits for both associates and law firms. Associates get hands-on experience and learn necessary skills that… more

Client Services, Law Firm Associates, Pro Bono, Professional Development, Young Lawyers

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Deangeor Chin

Jemimah Orevaoghene: A Lesson on Investing with your Sixth Sense

In this episode of Venture Voices, Deangeor Chin and Raquel Smith of Lowenstein’s Africa practice speak with Jemimah Orevaoghene, a Venture Capital Director at Morgan Stanley and Africa portfolio leader, about her unique… more

Africa, Angel Investors, Capital Markets, Entrepreneurs, Financial Institutions

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Leo Choi

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs were… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, FinTech

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Lowell Citron

SVB Financial Group Files for Chapter 11 Bankruptcy

Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the… more

Bank Holding Company, Bankruptcy Code, Bankruptcy Court, Banks, Bridge Banks

See all updates »

Edmund Cohen

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

See all updates »

Jeffrey Cohen

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

See all updates »

Kevin Colan

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

See all updates »

Sarah Cole

Mastering Management and Emotional Intelligence for Women Attorneys

Today on “Real Talk,” Nicole Fulfree, Megan Monson, and Sarah Cole address the dos and don’ts for women attorneys seeking to develop effective management skills, emphasizing the critical role of emotional intelligence in legal… more

Best Management Practices, Career Development, Corporate Management, Diversity and Inclusion Standards (D&I), Firm Leadership

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Carly Coleman

Infinity Q Investors Sue Founder of Collapsed $1.7 Billion Fund After Fraud Charges

Investors in Infinity Q Capital Management’s (Infinity Q) funds filed a proposed class action against the firm last week after the fund’s founder was charged with securities fraud and obstruction of justice for allegedly… more

CFTC, Class Action, Investors, Mutual Funds, Obstruction of Justice

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Richard Connors III

DOJ Announces New Safe Harbor Policy for Reporting of Misconduct in Connection With M&A Transactions

On Oct. 4, Deputy Attorney General Lisa Monaco (DAG Monaco) announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (the Safe Harbor Policy). At the outset of her… more

Anti-Corruption, Antitrust Division, Compliance, Corporate Governance, Corporate Misconduct

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Raymond Cooper

Historic Shift in U.S. Drug Policy: DEA Proposes to Reclassify Marijuana

The U.S. Drug Enforcement Administration (DEA) is on the brink of reclassifying marijuana, marking a watershed moment in American drug policy. For decades, marijuana has been classified as a Schedule I drug, alongside… more

Agribusiness, Agricultural Sector, Controlled Substances Act, DEA, Decriminalization of Marijuana

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Justin Corbalis

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the… more

Commercial Contracts, Contract Termination, Contract Terms, Coronavirus/COVID-19, Corporate Counsel

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Alexander Corson

Insurer Bad Faith: New York Cracks Down on ‘Wait and See’ Claims Handling

Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division… more

Bad Faith, Denial of Insurance Coverage, Failure to Investigate, Insurance Claims, Insurance Industry

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Ola Craft

Revising Missile Controls Is Necessary to Help Allies and Prevent New Nuclear States

As the presidential transition began in January 2025, President Biden promulgated a new National Security Memorandum (NSM) on missile technology exports to advance “the President’s goals of strengthening allied defense… more

Biden Administration, China, Export Controls, Foreign Policy, National Security

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George Danenhauer

Key Considerations for Alternative Data and AI Vendors to Investment Firms: Demonstrating Compliance in the Face of an Evolving Regulatory Environment

The Securities and Exchange Commission (SEC) has previously provided guidance through risk alerts, proposed rules, and enforcement actions that outline expectations for registered investment advisers and other financial firms… more

Artificial Intelligence, Compliance, Data Privacy, Due Diligence, Insider Trading

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Jonathan Danziger

“Shadow Trading” is Insider Trading: Jury Establishes Liability in Historic Shadow Trading Case

On April 5, 2024, a jury found Matthew Panuwat civilly liable for insider trading in violation of federal securities laws in a first-of-its-kind “shadow trading” case (also referred to as “sympathy trading”), which was commenced… more

Insider Trading, Investment Firms, Misappropriation, MNPI, Publicly-Traded Companies

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Bernadette Darcy

FTC Promulgates New Rules on Deceptive Endorsements, Fake Reviews, and False Testimonials

Businesses that use and publish endorsements, reviews, or testimonials should be aware of the Federal Trade Commission’s (FTC) updated Endorsement Guides and proposed new rule banning fake reviews and testimonials. Here’s what… more

Advertising, Compliance, Disclosure Requirements, Endorsements, Fake Reviews

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Craig Dashiell

Federal Venues May Not Be Available in Lawsuits That Members File Against Limited Liability Companies

The common train of thought when litigating as an out-of-state defendant is that it is best to be venued in federal court so as to eliminate any advantage an in-state plaintiff might have with a local jury. Typically, foreign… more

Citizenship, Diversity Jurisdiction, Federal Jurisdiction, Foreign Corporations, Forum Selection

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Madhumita Datta Ph.D.

USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications

On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for… more

Patent Applications, Patent-Eligible Subject Matter, Patents, Pilot Programs, Prioritized Examination

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Marie DeFalco

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. Why hasn’t anyone thought of it… more

Accredited Investors, Disclosure Requirements, Investment Company Act of 1940, Investment Funds, New Legislation

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Jennifer Fiorica Delgado

Drafter Beware: Recent New York Decision Reaffirms the Continuing Vitality of Public Policy in Enforcing Choice-of-Law Provisions

Every day, attorneys act as advisors to parties negotiating and drafting contracts. Among those terms often left to the lawyers are choice-of-law provisions. Which state’s law governs a dispute, in theory, should not matter… more

Choice-of-Law, Contract Drafting, Intent, Interest Rate Caps, Interest Rates

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Christopher Dernbach

Virginia Hospital Indicted for Allegedly Turning a Blind Eye to Doctor’s Crimes

In an unusual criminal prosecution, the Chesapeake Regional Medical Center (CRMC), a hospital in Chesapeake, Virginia, was indicted last week by a federal grand jury in Virginia for conspiring to defraud the United States and… more

Compliance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Fraud

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Eric DiFiore

Reminder–Form SHC: Report of U.S. Ownership of Foreign Securities Due March 4, 2022

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) background information on the purpose and applicability of Form SHC (“Form SHC”); (ii) a summary of its contents; (iii) considerations for… more

Certificate of Deposit, Federal Reserve, Foreign Securities, Form SHC, Hedge Funds

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Claire Dronzek

Introducing Gen Z: Understanding the New Generation of Lawyers and How Their Perspective Could Shift Workplace Norms

On today’s episode, Rachel Moseson Dikovics, Amanda K. Cipriano, Claire Dronzek, and Lauren Russell discuss Gen Z’s perspective of young lawyers on issues such as work-life balance, organizational values, and mentorship. They… more

Career Development, Corporate Culture, Diversity, Generation Z, Law Firm Associates

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Doreen Edelman

OFAC Imposes Largest-Ever Penalty on Nonbank Financial Institution for Egregious and Sustained Sanctions Violations—a $216M Warning to U.S. Fund Managers: Know Your Investors

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a historic $215,988,868 civil monetary penalty against GVA Capital Ltd. (GVA), a venture-capital firm registered in the Cayman Islands and… more

Anti-Money Laundering, Beneficial Owner, Civil Monetary Penalty, Due Diligence, Economic Sanctions

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Michael Etkin

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

See all updates »

Frank Eucalitto

From Operator to Investor: How One General Partner Selects Her Investment Vehicles

In this episode of “Crypto Innovators,” Lowenstein Crypto’s Frank Eucalitto speaks with Aubrie Pagano, general partner at Alpaca VC, about her journey from operator to investor. Pagano discusses how her lived experience as a… more

Blockchain, Cryptocurrency, Investment Funds, Investment Management, Investment Opportunities

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Waleey Fatai

NIST Releases Cybersecurity Framework 2.0

The National Institute of Science and Technology (NIST) has released NIST Cybersecurity Framework (2.0) (Framework 2.0). NIST released two earlier versions of the Framework for Improving Critical Infrastructure Cybersecurity in… more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, Federal Trade Commission (FTC), NIST

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Meghan Federman

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

See all updates »

Ryan Fennell

Bank Secrecy Act Postponed for Investment Advisers and Exempt Reporting Advisers

On July 21, the United States Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced its intent to postpone compliance with new regulatory requirements imposing certain anti-money laundering (AML)… more

Anti-Money Laundering, Bank Secrecy Act, Biden Administration, BSA/AML, Compliance

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Katherine Ferrara

Trump Administration Plans Aggressive FCA Enforcement

At the Federal Bar Association’s annual qui tam conference in Washington, D.C. on Feb. 20, 2025, the Deputy Assistant Attorney General for the Department of Justice’s (DOJ) Commercial Litigation Branch, Michael Granston, said in… more

Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Gianfranco Finizio

Fifth Circuit Rejects Non-Pro Rata Uptier Transaction From Serta Simmons; Landmark Ruling May Have Chilling Effect on Similar Uptier Transactions

On December 31, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (the Court or the Fifth Circuit) held that the controversial $200 million Serta Simmons Bedding (SSB) uptier financing transaction… more

Adversary Proceedings, Appellate Courts, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Ken Fishkin

Active and Critical Security Concern for SharePoint

On July 20, 2025, Microsoft and the Cybersecurity and Infrastructure Security Agency (CISA) issued urgent warnings about new, actively exploited vulnerabilities in Microsoft SharePoint Server. These vulnerabilities, known as… more

Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach, Data Security

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Daniel Forman

SEC Clarifies Stance on Disclosures Relating to Crypto Assets

The Guidance provides the Division’s views regarding certain disclosure requirements under Regulation S-K, specifically with respect to disclosures contained within Form S-1 (registration statements), Form 10-K (reporting… more

Blockchain, Cryptocurrency, Digital Assets, Disclosure Requirements, Investors

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Nicole Fulfree

“Parents Under Pressure”: The Surgeon General’s Warning About Parental Stress and How Law Firms Should Address It

In this episode of “Real Talk,” Lowenstein lawyers Megan Monson, Nicole Fulfree, and Rachel Moseson Dikovics discuss the Surgeon General’s recent advisory titled “Parents Under Pressure,” which described the state of American… more

Employee Benefits, Health and Safety, Mental Health, Professional Responsibility, Public Health

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Zachary Furnald

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on… more

Advisors Act, Anti-Fraud Provisions, Bad Faith, Best Interest Standard, Breach of Duty

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Christopher Gerold

New Jersey Wants Its Own BitLicense Regulation

New Jersey is poised to adopt sweeping cryptocurrency and blockchain regulations with the passage of the Digital Asset and Blockchain Technology Act (the Act). If adopted, the Act would radically change the regulatory landscape… more

Blockchain, Cryptocurrency, Digital Assets, Licenses, New Jersey

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Paul Giannoglou

Judge Rakoff Takes Aim at ‘Trial Penalty’

On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in… more

Appeals, Constitutional Challenges, Criminal Justice Reform, Criminal Procedure, Criminal Prosecution

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Maya Ginsburg

Fifth Circuit Reviews Private Fund Advisers Rule

A “private fund” is an investment vehicle that is not required to be registered or regulated as an investment company under the Investment Company Act of 1940 (the ICA). Private funds are typically accessible only to accredited… more

Investment Adviser, Investment Company Act of 1940, Investors, Private Funds, Registered Funds

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Louise Gong

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on… more

Advisors Act, Anti-Fraud Provisions, Bad Faith, Best Interest Standard, Breach of Duty

See all updates »

Darren Goodman

Stock Options and Section 409A: What You Need to Know

On this episode of Just Compensation, Jessica Kriegsfeld speaks with Darren Goodman and Taryn E. Cannataro about stock options and Section 409A of the tax code, a complicated set of rules regulating the taxation of… more

Compensation & Benefits, Deferred Compensation, Income Taxes, Section 409A, Stock Options

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MIchael Gooen

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

See all updates »

David Goret

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on… more

Advisors Act, Anti-Fraud Provisions, Bad Faith, Best Interest Standard, Breach of Duty

See all updates »

Jason Gould

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) plan to use the False Claims Act (FCA) to “aggressively” pursue… more

Affirmative Action, Anti-Discrimination Policies, Colleges, Corporate Counsel, Department of Justice (DOJ)

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Kevin Grange

USPTO Announces Accelerated Patent Issuance Timeline

Summary: The United States Patent and Trademark Office (USPTO) has accelerated the patent issuance timeline due to modernization efforts, which include publishing electronic patent grants (eGrants) via the USPTO’s Patent Center… more

Intellectual Property Protection, Patent Applications, Patents, Regulatory Reform, Regulatory Requirements

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Andrew Graw

Supreme Court Ruling Makes It Easier for Participants To Sue Plan Fiduciaries

On April 17, the Supreme Court unanimously resolved a circuit split in Cunningham v. Cornell University, holding that plan participants need only allege that fiduciaries engaged in a “prohibited transaction” under the Employee… more

401k, Burden of Proof, Class Action, Cunningham v Cornell University, Employee Benefits

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Steven Grayes

Texas Federal District Court Rules Corporate Transparency Act Likely Unconstitutional, Issues Nationwide Preliminary Injunction

On December 3, 2024, a federal district court in Texas issued a nationwide preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA).1 The court indicated that the CTA is “likely unconstitutional,”… more

Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN

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James Gregory

Sign on the Dotted Line: Negotiating an Effective Employment Agreement

James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing… more

Contract Negotiations, Contract Terms, Employment Contract, Employment Terms, Hiring & Firing

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Philip Gross

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Bridget Harris

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

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Mark Heinzelmann

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C… more

Amended Regulation, Buyers, Contaminated Properties, Due Diligence, Hazardous Substances

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Mary Hildebrand CIPP/US/E

The EU Artificial Intelligence Act of 2024: What You Need To Know

On August 2, the European Union Artificial Intelligence Act (the Act) became effective. It is the world’s first comprehensive legal framework for regulating artificial intelligence (AI) and aims to ensure that AI products and… more

Artificial Intelligence, Data Privacy, Data Protection, Digital Service Providers, EU

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Michael Himmel

Trends in White Collar Crime Enforcement: Looking Back on 2021 and Ahead to 2022

Theranos, Trump Organization, Operation Varsity Blues, DEI, ESG and More: Experts Expect SEC and DOJ Actions to Ramp Up in 2022- 2022 will likely be a lot like 2021, only more so. With most key federal positions filled, the… more

Anti-Money Laundering, Bank Secrecy Act, Civil Rights Act, Coronavirus/COVID-19, Cryptocurrency

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Matthew Hintz

Emerging Threat: Task-Based Employment Scams Target Businesses and Their Employees

A new wave of sophisticated gamified job scams, often called task scams, is targeting both companies and job seekers, according to recent Federal Trade Commission (FTC) data. These scams trick people into performing simple, fake… more

Documentation, Employee Training, Federal Trade Commission (FTC), Internal Controls, Risk Management

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Christina Holder

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless Fund… more

Appellate Courts, Civil Rights Act, Funding, Grants, Minority-Owned Businesses

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Lauren Hollender

Pregnant Workers Glowing Over New Pregnancy Related Rights and Benefits

Pregnant workers will soon have the right to an expanded range of accommodations under the final regulations interpreting the federal Pregnant Workers Fairness Act (PWFA). Those regulations, issued by the Equal Employment… more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Job Duties, Lactation Accommodation, Pregnant Workers Fairness Act

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Elie Honig

New Jersey’s New Police Use Of Force Policy Is Another Step In The Right Direction

The use of force policy issued this week by Attorney General Gurbir Grewal and a coalition of law enforcement and community leaders will serve as a national model and represents another groundbreaking step forward for New… more

Attorney General, Law Enforcement, New Jersey, Police, Policies and Procedures

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Farah Hussain

Three Banks Targeted by FinCEN in FEND Off Fentanyl Act Actions: What to Know

On June 25, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued its first orders under the FEND Off Fentanyl Act, targeting three Mexican financial institutions: CIBanco S.A. (CIBanco),… more

Anti-Money Laundering, Bank Secrecy Act, Banks, Broker-Dealer, Enforcement Actions

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Vanessa Ignacio

USPTO To Issue Trademark Electronic Registration Certificates and Shorten Office Action Response Timelines

In its ongoing efforts to modernize its practices and increase the efficiency of examination, the United States Patent and Trademark Office (USPTO) is implementing two changes to issuance of trademark registration certificates… more

Electronic Filing, Registration, Trademark Registration, Trademarks, USPTO

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Jennifer Bagger Jameson

Two False Claims Act Cases From SDNY Highlight Continuing Bite of Aggressive Healthcare Enforcement

The U.S. Attorney’s Office for the Southern District of New York last week announced the resolution of two significant False Claims Act (FCA) cases—one from a large settlement and the other the result of a jury verdict after… more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Healthcare Fraud, Medicaid

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Zarema Jaramillo

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new… more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Eric Jesse

Bad Faith No More: New York Courts Shift the Insurance Paradigm

In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift… more

Appeals, Appellate Courts, Bad Faith, Breach of Contract, Damages

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Manali Joglekar CIPP/US, CIPP/E, CIPT

FTC Finalizes Updates to COPPA Rule: What You Need To Know

On April 22, 2025, the Federal Trade Commission (FTC) published final updates to the Children’s Online Privacy Protection Act Rule (COPPA Rule). The final COPPA Rule goes into effect on June 23, 2025, 60 days after its… more

Advertising, Biometric Information, COPPA, Data Collection, Data Retention

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Robert Johnston Jr.

[Webinar] Targeted: How FinCEN's Fentanyl Fight Is Reshaping U.S.–Mexico Financial Compliance - August 7th, 11:00 am - 12:00 pm ET

Join Lowenstein Sandler and Santamarina + Steta for a timely webinar exploring the legal and compliance implications of recent U.S. Treasury actions under the FEND Off Fentanyl Act. The session, featuring Lowenstein's Robert A… more

Anti-Money Laundering, Banking Sector, Banks, Blocking Sanctions, Chief Compliance Officers

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Sabrina Jorge

Fake It till You Break It: Insurance Coverage Implications for ChatGPT Mishaps

ChatGPT, an Artificial Intelligence (AI) chatbot created by OpenAI, has taken the legal world by storm since it first launched in November 2022. The chatbot gained notoriety for its cutting-edge ability to answer questions and… more

Artificial Intelligence, Bad Faith, Damages, False Statements, Fines

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Markiana Julceus

Leveraging the Clerkship Experience When Transitioning to Private Practice

In this episode of “Real Talk,” Nicole Fulfree and Amanda Cipriano talk with Lowenstein associates Mikayla Berliner and Markiana Julceus about judicial clerkships, including the benefits they gained from their respective… more

Career Development, Law Clerks, Law Firm Associates, Law Firm Partners, Professional Development

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Erich Kaletka

Texas ‘Mini-TCPA’ Goes Into Effect September 1, 2025: What You Need To Know

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the Texas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires… more

New Legislation, Penalties, Registration Requirement, State and Local Government, Statutory Violations

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Jimmy Kang

SEC’s Pay-to-Play Crackdown: Settlement Sends Strong Message on Political Contributions

On August 19, 2024, the U.S. Securities and Exchange Commission (SEC) settled with a registered investment adviser (Adviser),1 whereby the Adviser paid a $95,000 civil money penalty in addition to being censured for violations… more

Campaign Contributions, Closed-End Funds, Federal Elections, Government Entities, Government Officials

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Michael Kaplan

Mass Arbitrations: Who Pays? Part II

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation,… more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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Sydney Kaplan

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new… more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Beth Shapiro Kaufman

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

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Mark Kesslen

Pair of Federal Court Rulings Find Fair Use in AI Model Training

In the past week, two significant rulings from the Northern District of California addressed the application of the fair use doctrine to the use of copyrighted books in training large language models (LLMs). Both Meta Platforms… more

Algorithms, Artificial Intelligence, Books, Copyright, Copyright Infringement

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Phillip Khezri

The Role of a Creditors’ Committee to Investigate, Preserve, and Pursue Causes of Action in Crypto Bankruptcies

Lowenstein Sandler’s previous articles on crypto bankruptcies discussed the role of a creditors’ committee in protecting the rights of customers and confirmation issues arising in crypto cases. This article will delve deeper… more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Trustees, Chapter 11, Creditors

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Benjamin Kimes

Federal Circuit Tightens Standards for AI-related Patent Eligibility

Summary: In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), the Federal Circuit delivered a clear warning: simply applying generic AI-based models to new environments is not enough to secure… more

Algorithms, Appeals, Artificial Intelligence, Inventions, Machine Learning

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P. "Kai" Knight

NIST Releases Cybersecurity Framework 2.0

The National Institute of Science and Technology (NIST) has released NIST Cybersecurity Framework (2.0) (Framework 2.0). NIST released two earlier versions of the Framework for Improving Critical Infrastructure Cybersecurity in… more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, Federal Trade Commission (FTC), NIST

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Amy Komoroski Wiwi

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in… more

Employment Discrimination, Harassment, NJ Supreme Court, NJLAD, Non-Disparagement Provisions

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Kei Komuro

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order 14105… more

China, Critical Infrastructure Sectors, Final Rules, Foreign Investment, Hong Kong

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Natalie Kraner

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless Fund… more

Appellate Courts, Civil Rights Act, Funding, Grants, Minority-Owned Businesses

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Jessica Kriegsfeld

Tips for Engaging Temporary Workers

In this episode of Just Compensation, Megan Monson, Julie Levinson Werner, and Jessica I. Kriegsfeld delve into considerations associated with engaging temporary workers, particularly through a staffing agency. They discuss the… more

Best Practices, Compensation & Benefits, Employee Benefits, Hiring & Firing, Human Resources Professionals

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Marc Kurzweil

Emergency Relief Legislation for Businesses and Individuals: CARES Act-Loan Programs

On March 27, 2020, President Trump signed in to law an unprecedented economic relief package (the “CARES Act”) designed to help businesses and their employees ride out the economic turmoil caused by COVID-19. We have reviewed… more

CARES Act, Coronavirus/COVID-19, Covered Employer, Paycheck Protection Program (PPP), Relief Measures

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Paula Ladd

[Webinar] Targeted: How FinCEN's Fentanyl Fight Is Reshaping U.S.–Mexico Financial Compliance - August 7th, 11:00 am - 12:00 pm ET

Join Lowenstein Sandler and Santamarina + Steta for a timely webinar exploring the legal and compliance implications of recent U.S. Treasury actions under the FEND Off Fentanyl Act. The session, featuring Lowenstein's Robert A… more

Anti-Money Laundering, Banking Sector, Banks, Blocking Sanctions, Chief Compliance Officers

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Beverly Lamberson

USPTO Issues Inventorship Guidance for AI-Assisted Inventions - AI-Assisted Inventions are Not Categorically Unpatentable

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). The guidance addresses… more

Artificial Intelligence, Disclosure Requirements, Innovative Technology, Inventions, Inventors

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Sara Lazarevic

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule Compliance

On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment… more

Advertising, Disclosure Requirements, Endorsements, Investment Adviser, Investment Advisers Act of 1940

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Michael Lerner

Funding Life Sciences: Where The Opportunities And Resources Are In 2021 And Beyond

Early-stage and small to midsize private and public companies in the life sciences sector began 2020 on a high note. Funding, particularly in the biotechnology sector, was pouring into the industry. Even several months into the… more

Biotechnology, C-Suite Executives, Clinical Trials, Coronavirus/COVID-19, Funding

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Trevor Levine

CFTC Staff Seeks Public Feedback on Perpetual Contracts and 24/7 Trading

On April 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Divisions of Market Oversight, Clearing and Risk, and Market Participants issued two requests for comments soliciting public feedback related to the potential… more

CFTC, Derivatives, Financial Institutions, Financial Markets, Public Comment

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Boris Liberman

Key Considerations for Alternative Data and AI Vendors to Investment Firms: Demonstrating Compliance in the Face of an Evolving Regulatory Environment

The Securities and Exchange Commission (SEC) has previously provided guidance through risk alerts, proposed rules, and enforcement actions that outline expectations for registered investment advisers and other financial firms… more

Artificial Intelligence, Compliance, Data Privacy, Due Diligence, Insider Trading

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Melissa Libutti

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

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Michael Lichtenstein

Leading National Trend, California Enacts Sweeping Climate-Disclosure Laws

On Oct. 7, California Gov. Gavin Newsom signed into law two bills—Senate Bill 253 and Senate Bill 261—that will require thousands of public and private companies doing business in California to make broad disclosures of… more

California, CARB, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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Alex Lipton

When Two Become One: Navigating the Complexities of Operational Integration

On September 20, 2024, the U.S. Securities and Exchange Commission (SEC) announced a settlement with an investment adviser for, among other things, failure to register with the SEC as an investment adviser. The SEC found that… more

Custody Rule, Exempt Reporting Advisers (ERAs), Fund Managers, Investment Adviser, Investment Firms

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Maddie Loewenguth

SEC Settles With RIA for MNPI-Related Compliance Failures Related to CLO Business

On August 26, 2024, the Securities and Exchange Commission (SEC) announced a settlement with a registered investment adviser (RIA) for failing to establish, maintain and enforce adequate written policies and procedures… more

Collateralized Loan Obligations, Compliance, MNPI, Policies and Procedures, Registered Investment Advisors

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Kimberly Lomot

How Long is Forever? PFAS Chemicals in Commercial Real Estate

In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS, and… more

Commercial Property Owners, Commercial Real Estate Market, Contamination, Due Diligence, Environmental Litigation

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Jacquelyn Lyons

Ninth Circuit ‘Excess Insurer’ Ruling A Positive Step In Insurance Law For Policyholders

Policyholders purchase excess coverage with the reasonable expectation that they will not face a series of different coverage positions from multiple layers of insurers when seeking payment for claims, but that is not always the… more

AIG, Department of Labor (DOL), Excess Policies, Insurance Claims, Insurance Industry

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Rachel Maimin

The End of 180 Days of Uncertainty? DOJ Closes Current FCPA Investigations, Issues New Guidelines for FCPA Enforcement

On June 9, Deputy Attorney General Todd Blanche issued a memorandum (the Memorandum) outlining revised guidelines for investigation and enforcement of the Foreign Corrupt Practices Act (FCPA). The U.S. Department of Justice… more

Anti-Corruption, Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions

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Colleen Maker

Loan Forgiveness As Basis For Fraudulent Transfer Claims

Fraudulent transfer litigation is a valuable weapon in the bankruptcy code arsenal that is commonly used to target assets that were transferred or otherwise disposed of prior to the bankruptcy. These assets, if successfully… more

Bankruptcy Code, Chapter 11, Corporate Restructuring, Fraudulent Transfers, Loan Forgiveness

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Marita Makinen

The Intersection of Emerging Trends in M&A/ Private Equity and Reps & Warranty Insurance: The Road Remains Bumpy For Dealmakers

In today’s episode of Don’t Take No For An Answer, hosts Lynda Bennett and Eric Jesse are joined by Marita Makinen, Partner and Chair of Lowenstein’s Mergers & Acquisitions group and Co-chair of its Transactions & Advisory… more

Acquisitions, Business Valuations, Due Diligence, Investment Opportunities, Mergers

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Erica Mannix

Recent Tenth Circuit Decision in John Q Hammons Fall Following SCOTUS’ Decision in Siegel v. Fitzgerald Could Result in Significant Refunds for Certain Chapter 11 Debtors

In this episode of the Lowenstein Bankruptcy Lowdown, Michael Savetsky and Erica G. Mannix discuss the recent Tenth Circuit decision in In re John Q Hammons Fall 2006 LLC determining the appropriate remedy for a debtor’s… more

Bankruptcy Court, Bankruptcy Trustees, Chapter 11, Constitutional Challenges, Debtors

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Natalie Marfo

CFTC Finalizes Long-Awaited Update to Rule 4.7

On September 12, the Commodity Futures Trading Commission (CFTC or Commission) published a final rule, adopting amendments to CFTC Rule 4.7, which provides exemptive relief from certain compliance obligations to registered… more

CFTC, Commodity Pool, Commodity Trading Advisors (CTAs), CPOs, Disclosure Requirements

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Nicholas Matthews

Anti-Bribery Expansion: The Foreign Extortion Prevention Act

On December 22, 2023, President Biden signed into law the 2024 National Defense Authorization Act. This bipartisan legislation included the Foreign Extortion Prevention Act (FEPA), which enables criminal prosecution of foreign… more

Anti-Bribery, Anti-Corruption, Compliance, Department of Justice (DOJ), Extortion

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Scott McBride

The End of 180 Days of Uncertainty? DOJ Closes Current FCPA Investigations, Issues New Guidelines for FCPA Enforcement

On June 9, Deputy Attorney General Todd Blanche issued a memorandum (the Memorandum) outlining revised guidelines for investigation and enforcement of the Foreign Corrupt Practices Act (FCPA). The U.S. Department of Justice… more

Anti-Corruption, Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions

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Crystal McDonald

New Jersey Flood Risk Disclosure

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property to… more

Climate Change, Disclosure Requirements, FEMA, Flood Zones, Flooding

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Kathleen McGee

Texas ‘Mini-TCPA’ Goes Into Effect September 1, 2025: What You Need To Know

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the Texas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires… more

New Legislation, Penalties, Registration Requirement, State and Local Government, Statutory Violations

See all updates »

Molefi McIntosh

Death and Dirt: Addressing the Injustices of the Past in Heirs Property

Today on “Splitting Heirs,” host Warren Racusin speaks with Molefi McIntosh and Mavis Gragg about the “heirs’ property problem--” or what happens to real estate when it is passed down within families without benefit of a will… more

Beneficiaries, Beneficiary Designations, Estate Planning, Heirs, Inheritance

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Eric Merenstein

Federal Circuit Tightens Standards for AI-related Patent Eligibility

Summary: In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), the Federal Circuit delivered a clear warning: simply applying generic AI-based models to new environments is not enough to secure… more

Algorithms, Appeals, Artificial Intelligence, Inventions, Machine Learning

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John Meyer

SEC Updates Guidance on the Use of Gross and Net Performance in Advertisements

On March 19, the Securities and Exchange Commission (SEC) issued a new FAQ response1 that softens prior guidance on the use of gross and net performance in advertisements. The new FAQs (the New Guidance) reduce the burden of… more

Compliance, Disclosure Requirements, Financial Services Industry, Investment Adviser, Marketing

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Ryne Miller

Crypto Brief - Lowenstein Crypto Newsletter - August 21, 2025

Wyoming Becomes First U.S. State to Launch Stablecoin - On August 19, the Wyoming Stable Token Commission (WYSTC) announced the mainnet launch of the Frontier Stable Token (FRNT), marking a historic moment for Wyoming as the… more

Anti-Money Laundering, Blockchain, CFTC, Cryptoassets, Cryptocurrency

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Julie Minicozzi

Get Ready: Mandatory Vaccination Is Here for Large Employers

At long last, the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) has released its emergency temporary standard (ETS) requiring employers with 100 or more employees to take certain… more

Americans with Disabilities Act (ADA), Department of Labor (DOL), Documentation, Masks, OSHA

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Robert Minion

Former CIO Indicted for $600M Fraud in Parallel DOJ, SEC Actions

On November 25, 2024, the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC, and collectively with DOJ, the Government) brought parallel criminal and civil enforcement actions against the… more

Department of Justice (DOJ), Enforcement Actions, Illegal Conduct, Investment, Investment Advisers Act of 1940

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Eugene Mishchenko

Federal Circuit Tightens Standards for AI-related Patent Eligibility

Summary: In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), the Federal Circuit delivered a clear warning: simply applying generic AI-based models to new environments is not enough to secure… more

Algorithms, Appeals, Artificial Intelligence, Inventions, Machine Learning

See all updates »

Sophia Mokotoff

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

See all updates »

Megan Monson

From the Field to the Firm: How Competitive Sports Prepare Attorneys for their Careers

In this episode of Real Talk, Megan Monson chats with Lowenstein attorneys Melissa K. Parres and Bonnie E. Schipper about the valuable, transferrable skills women learn from playing competitive sports. Melissa and Bonnie share… more

Career Development, Collaboration, Corporate Law Departments, Diversity, Diversity and Inclusion Standards (D&I)

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Alessandra Moore

The End of 180 Days of Uncertainty? DOJ Closes Current FCPA Investigations, Issues New Guidelines for FCPA Enforcement

On June 9, Deputy Attorney General Todd Blanche issued a memorandum (the Memorandum) outlining revised guidelines for investigation and enforcement of the Foreign Corrupt Practices Act (FCPA). The U.S. Department of Justice… more

Anti-Corruption, Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions

See all updates »

Rachel Moseson Dikovics

Circuit Split Deepens on Anti-Kickback Statute’s Causation Standard

Introduction: In its recent decision in United States v. Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the First Circuit deepened an existing federal circuit court split regarding the causation standard… more

Anti-Kickback Statute, Causation, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Diane Moss

FTC "Click-To-Cancel" Rule Coming Soon

The Federal Trade Commission’s final “click-to-cancel” rule, which goes into effect on May 14, 2025, attempts to address the difficulties consumers may face when trying to cancel an automatically renewing subscription. The rule… more

Appeals, Auto-Renewal, Cancellation Rights, Consent, Consumer Protection Laws

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Scott Moss

Compliance Deadlines to Implement Significant Amendments to Regulation S-P Are Fast Approaching: Key Implications for Covered Institutions (Including Brokers and Investment Advisors) and Recommended Considerations

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted sweeping amendments to Regulation S-P, which governs the privacy of nonpublic consumer personal and financial information for a broad range of financial… more

Broker-Dealer, Compliance Dates, Consumer Privacy Rights, Cybersecurity, Data Breach

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Amy Mushahwar

Active and Critical Security Concern for SharePoint

On July 20, 2025, Microsoft and the Cybersecurity and Infrastructure Security Agency (CISA) issued urgent warnings about new, actively exploited vulnerabilities in Microsoft SharePoint Server. These vulnerabilities, known as… more

Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach, Data Security

See all updates »

Zohar Nadler

The Importance of Complying with Private Fund Documents for Affiliate Transactions

Private fund advisers continually balance their ongoing responsibility to ensure that the funds they advise comply with such funds’ governing documents and their responsibility to ensure their own compliance with applicable law… more

Affiliates, Compliance, Conflicts of Interest, Documentation, Enforcement Actions

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Bruce Nathan

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

See all updates »

James O'Grady

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration… more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Aiden O'Leary

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs were… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, FinTech

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Audrey Ogurchak

USPTO Announces December 14, 2024 for Expiration of After Final Consideration Pilot Program 2.0

On September 30, 2024, the United States Patent and Trademark Office (USPTO) announced that the last day of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set for December 14, 2024.1 The program was set to run… more

AFCP, Patent Applications, Patent Examinations, Patents, Request for Continued Examination

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Matthew Oliver

SEC Says Language in J.P. Morgan-Affiliate Release Agreements Violates Whistleblower Protections

On January 16, the Securities and Exchange Commission (SEC) announced an $18 million settlement order (Order) with J.P. Morgan Securities LLC (JPMS) that finds that the language of release agreements JPMS entered into with… more

Broker-Dealer, Confidentiality Agreements, Investment Adviser, Release Agreements, Securities and Exchange Commission (SEC)

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Christine Osvald-Mruz

Clawbacks and Incentive-Based Compensation: How to Prepare for the New NASDAQ and NYSE Requirements

In today’s episode of “Just Compensation,” Kate Basmagian, partner in Lowenstein’s Capital Markets & Securities group and chair of the firm's ESG group; Christine Osvald-Mruz, partner in the Employee Benefits & Executive… more

Clawbacks, Compensation & Benefits, Executive Compensation, Incentive Compensation, Listing Standards

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Cairon Overton

Active and Critical Security Concern for SharePoint

On July 20, 2025, Microsoft and the Cybersecurity and Infrastructure Security Agency (CISA) issued urgent warnings about new, actively exploited vulnerabilities in Microsoft SharePoint Server. These vulnerabilities, known as… more

Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach, Data Security

See all updates »

Michael Papandrea

Must See TV Azteca! Bankruptcy Court Dismisses Involuntary Petition Based on Partially Diputed Claims

One of the requirements for an involuntary filing is that the creditors seeking relief (referred to as “petitioning creditors”) must each have a claim that is not subject to a “bona fide dispute as to liability or amount.” This… more

Bankruptcy Code, Bankruptcy Court, Creditors, Debtors, Involuntary Bankruptcy

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Parth Parikh

Circuit Split Deepens on Anti-Kickback Statute’s Causation Standard

Introduction: In its recent decision in United States v. Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the First Circuit deepened an existing federal circuit court split regarding the causation standard… more

Anti-Kickback Statute, Causation, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Melissa Parres

From the Field to the Firm: How Competitive Sports Prepare Attorneys for their Careers

In this episode of Real Talk, Megan Monson chats with Lowenstein attorneys Melissa K. Parres and Bonnie E. Schipper about the valuable, transferrable skills women learn from playing competitive sports. Melissa and Bonnie share… more

Career Development, Collaboration, Corporate Law Departments, Diversity, Diversity and Inclusion Standards (D&I)

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Hannah Pastore

Compliance Deadlines to Implement Significant Amendments to Regulation S-P Are Fast Approaching: Key Implications for Covered Institutions (Including Brokers and Investment Advisors) and Recommended Considerations

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted sweeping amendments to Regulation S-P, which governs the privacy of nonpublic consumer personal and financial information for a broad range of financial… more

Broker-Dealer, Compliance Dates, Consumer Privacy Rights, Cybersecurity, Data Breach

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Patricia Perez

Latest Update on the Paycheck Protection Program Flexibility Act of 2020

On June 5, 2020, certain key provisions of the CARES ACT regarding the Paycheck Protection Program (PPP) were amended by passage of that certain Paycheck Protection Program Flexibility Act of 2020, as supplemented by those… more

CARES Act, Coronavirus/COVID-19, Federal Loans, Final Rules, Financial Stimulus

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Anthony Pergola

Section 280G Unpacked: Pitfalls and Planning for Tech Startups

In this episode of Just Compensation, Megan Monson and Jessica I. Kriegsfeld talk to Anthony O. Pergola, Vice Chair of Lowenstein’s Emerging Companies & Venture Capital practice group, about the complexities and challenges of… more

Acquisitions, Change of Control, Corporate Taxes, Employee Benefits, Executive Compensation

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Michelle Podolnyy

SEC Charges Public Company with AI Washing

On January 14, 2025, the U.S. Securities and Exchange Commission (SEC) charged Presto Automation Inc. (Presto) with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for misleading artificial… more

Artificial Intelligence, Compliance, Disclosure Requirements, Enforcement Actions, Fraud

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Brianne Polito

A Haystack in a Hurricane: The Legal Risks of Depicting Real People in Your NFT

As Quentin Tarantino and Miramax prepare to head to court on February 24th over Tarantino’s Pulp Fiction NFT series, attorneys Matthew Savare and Brianne Polito from law firm Lowenstein Sandler explore the important legal issues… more

Blockchain, Cryptocurrency, Digital Currency, First Amendment, Name and Likeness

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Daniel Porco

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration… more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Christopher Porrino

Bail Reform: New York’s mistakes must not jeopardize New Jersey’s success

After years of steady declines in violent and other criminal activity in New Jersey, the COVID-19 pandemic has coincided with increases in crime both here in New Jersey and around the country. While New Jersey still has much… more

American Civil Liberties Union (ACLU), Bail, Crime Statistics, Criminal Justice Act, Criminal Justice Reform

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Marina Portnova

Federal Circuit Tightens Standards for AI-related Patent Eligibility

Summary: In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), the Federal Circuit delivered a clear warning: simply applying generic AI-based models to new environments is not enough to secure… more

Algorithms, Appeals, Artificial Intelligence, Inventions, Machine Learning

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David Posner

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Jeffrey Prol

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Dana Quinn

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

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Peter Quinn

Long Live the FCPA?

The Trump administration has taken significant action this week to overhaul the executive branch’s long-standing policy toward the prosecution of white collar offenses. First, a memo issued by newly confirmed U.S. Attorney… more

Anti-Corruption, Bribery, Corporate Governance, Corporate Misconduct, Corruption

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Warren Racusin

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

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Elinor Ramey

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

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Anthony Raymundo

Startups: Beneficial Ownership Filings May Be Required After January 1, 2024

Founders and operators, is your company prepared to report its Beneficial Ownership Information (BOI)? Unless an exemption applies, you may be required under the Corporate Transparency Act (CTA) to identify and report the… more

Beneficial Owner, Business Entities, Corporate Transparency Act, Early Stage Companies, Employer Identification Number (EIN)

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Thomas Redburn Jr.

Fifth Circuit Reviews Private Fund Advisers Rule

A “private fund” is an investment vehicle that is not required to be registered or regulated as an investment company under the Investment Company Act of 1940 (the ICA). Private funds are typically accessible only to accredited… more

Investment Adviser, Investment Company Act of 1940, Investors, Private Funds, Registered Funds

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Colleen Restel

Senate’s Bankruptcy Threshold Adjustment and Technical Corrections Act Retains $7.5 Million Eligibility for Subchapter V Small Business Debtors

The Small Business Reorganization Act (SBRA) went into effect on Feb. 19, 2020, creating Subchapter V of the Bankruptcy Code. Acknowledging that a bankruptcy proceeding is not “one size fits all” and that a Chapter 11 proceeding… more

Bankruptcy Trustees, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Bryan Reyhani

The Critical Importance of an Effective Investment Policy Statement

Introduction- An IPS is an integral policy document for any organization to reduce corporate cash management and investment risks. It outlines an entity's cash management processes and strategies, and its investment goals… more

Board of Directors, Capital Investments, Corporate Management, Economic Growth, Financial Adviser

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Richard Ricci

NJDEP’s Groundbreaking Environmental Justice Regulations Published for Public Comment

On June 6, 2022, the New Jersey Department of Environmental Protection (NJDEP or Department) published its long-anticipated Environmental Justice rule proposal (EJ Rule Proposal)—the nation’s first proposed environmental justice… more

Administrative Review, Environmental Justice, Environmental Policies, NJDEP, Public Comment

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Chloe Rippe

FTC Finalizes Updates to COPPA Rule: What You Need To Know

On April 22, 2025, the Federal Trade Commission (FTC) published final updates to the Children’s Online Privacy Protection Act Rule (COPPA Rule). The final COPPA Rule goes into effect on June 23, 2025, 60 days after its… more

Advertising, Biometric Information, COPPA, Data Collection, Data Retention

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Liam Rogan

Federal District Court Vacates the Security and Exchange Commission’s Expanded Dealer Rule

On Nov. 21, Judge Reed O’Connor of the Northern District of Texas vacated the Security and Exchange Commission’s (SEC) newly enacted Rules 3a5-4 and 3a44-2 (collectively, the Dealer Rule), which expanded the scope of who… more

Administrative Procedure Act, Arbitrary and Capricious, Blockchain, Broker-Dealer, Fund Managers

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Steven Rogers

CARES Act: Direct Grants to Institutions of Higher Education Under the Emergency Relief Fund

While much of the CARES Act media focus is on the Small Business Administration’s Paycheck Protection Program and the distribution of stimulus payments, the act also provides for tens of billions of dollars in other relief. For… more

CARES Act, Coronavirus/COVID-19, Education Stabilization Fund (ESF), Financial Stimulus, Relief Measures

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Joseph Romano

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

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Gavin Rooney

Dealing With Fiduciary Duties to a Business Partner Upon Exit

It is an old saw that partners, co-venturers, and insiders to closely held businesses owe fiduciary duties of loyalty and due care when dealing with one another. Importantly, these fiduciary duties modify the common law of fraud… more

Breach of Duty, Business Divorce, Business Ownership, Closely Held Businesses, Corporate Dissolution

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Kenneth Rosen

Do Not Take Consignments Lightly

While things worked out for vendors who did not file a UCC-1 in the Sports Authority Chapter 11, you may not be so lucky. Never assume that it is not necessary to properly perfect a consignment arrangement by filing a… more

Article 9, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

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Lauren Noval Russell

Introducing Gen Z: Understanding the New Generation of Lawyers and How Their Perspective Could Shift Workplace Norms

On today’s episode, Rachel Moseson Dikovics, Amanda K. Cipriano, Claire Dronzek, and Lauren Russell discuss Gen Z’s perspective of young lawyers on issues such as work-life balance, organizational values, and mentorship. They… more

Career Development, Corporate Culture, Diversity, Generation Z, Law Firm Associates

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Rebecca Ryan

DOJ Revamps Incentives for Companies to ‘Come Forward, Cooperate, and Remediate’

On January 17, 2023, the Department of Justice (DOJ), Criminal Division, announced it has reassessed and strengthened its Corporate Enforcement Policy, which applies to all corporate criminal matters (including Foreign Corrupt… more

Compliance, Corporate Crimes, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Nicholas San Filippo IV

All in the Family: Succession Issues in Family-Owned Businesses

On this episode of “Splitting Heirs,” Warren K. Racusin talks with Lowenstein partner Nick San Filippo IV, Chair of the firm’s Business Divorce practice, and Jeff Savlov, a partner in the family business and wealth consulting… more

Business Disputes, Business Divorce, Business Litigation, Business Partners, Corporate Dissolution

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Julia Sanabria

Microaggressions: Are they a macro issue?

In this episode of “Real Talk,” Nicole Fulfree, Megan Monson, Julia E. Sanabria, and Rachel Moseson Dikovics tackle the subject of microaggressions: comments or actions that subtly and often unconsciously or unintentionally… more

Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies, Hostile Environment

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Anthony Santiago

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration… more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

See all updates »

Matt Savare

Considerations from America’s AI Action Plan

On July 23, the White House released “America’s AI Action Plan” (the Plan), a comprehensive federal strategy aimed at ensuring the United States achieves and maintains global leadership in artificial intelligence (AI). Developed… more

Algorithms, Artificial Intelligence, Data Privacy, Data Security, Deregulation

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Vincent Scala

SEC Releases 2023 Examination Priorities for Registered Investment Advisers and Broker-Dealers

On February 7, 2023, the U.S. Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) released its annual Priorities Report1 for upcoming examinations of registered investment advisers (“Advisers”)… more

Anti-Money Laundering, Broker-Dealer, Conflicts of Interest, Cryptoassets, Customer Protection Rule

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Michael Scales

Key Considerations for Alternative Data and AI Vendors to Investment Firms: Demonstrating Compliance in the Face of an Evolving Regulatory Environment

The Securities and Exchange Commission (SEC) has previously provided guidance through risk alerts, proposed rules, and enforcement actions that outline expectations for registered investment advisers and other financial firms… more

Artificial Intelligence, Compliance, Data Privacy, Due Diligence, Insider Trading

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Jarrett Schindler

Updated: A Survey of Health Care Anti-Kickback Law at the State Level - UPDATED June 2023

The federal health care Anti-Kickback Statute (Federal AKS) targets bribery and corruption in the health care industry. There are two core provisions of the Federal AKS: one targeting the bribe recipient and one targeting the… more

Anti-Bribery, Anti-Kickback Statute, Antitrust Division, Corruption, Health Care Providers

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Bonnie Schipper

From the Field to the Firm: How Competitive Sports Prepare Attorneys for their Careers

In this episode of Real Talk, Megan Monson chats with Lowenstein attorneys Melissa K. Parres and Bonnie E. Schipper about the valuable, transferrable skills women learn from playing competitive sports. Melissa and Bonnie share… more

Career Development, Collaboration, Corporate Law Departments, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Amy Schwind

Florida Poised To Enact Employer-Friendly Noncompete and Garden Leave Law

A bill recently passed by the Florida House and Senate and poised to become law effective July 1, 2025, will substantially change the noncompete landscape for employers doing business in Florida. If Gov. Ron DeSantis signs the… more

Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract, Florida

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Mary Seymour

Finding Good Real Estate Deals Among The Ruins

As we enter year two of the COVID-19 pandemic, the number of new Chapter 11 cases being commenced has slowed to a trickle. But the cycle will turn again. There are always companies that lose a major customer, fail to adapt to… more

Bids, Chapter 11, Coronavirus/COVID-19, Creditors, Debtors

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Alexander Shalom

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless Fund… more

Appellate Courts, Civil Rights Act, Funding, Grants, Minority-Owned Businesses

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Jeffrey Shapiro

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new… more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Rishabh Sharma

SEC Clarifies Stance on Disclosures Relating to Crypto Assets

The Guidance provides the Division’s views regarding certain disclosure requirements under Regulation S-K, specifically with respect to disclosures contained within Form S-1 (registration statements), Form 10-K (reporting… more

Blockchain, Cryptocurrency, Digital Assets, Disclosure Requirements, Investors

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James Shehan

Historic Shift in U.S. Drug Policy: DEA Proposes to Reclassify Marijuana

The U.S. Drug Enforcement Administration (DEA) is on the brink of reclassifying marijuana, marking a watershed moment in American drug policy. For decades, marijuana has been classified as a Schedule I drug, alongside… more

Agribusiness, Agricultural Sector, Controlled Substances Act, DEA, Decriminalization of Marijuana

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Chandra Shih

Secrets to Success as a Junior Associate in Big Law

In this episode of “Real Talk,” the hosts share their experiences as junior associates and what they wish they had known before starting their careers in Big Law. They offer tips on jumpstarting your career as a summer… more

Big Law, Career Development, Law Firm Associates, Women in the Law, Young Lawyers

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Nathan Shultz

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 to the anti-money laundering (AML) requirements… more

Anti-Money Laundering, Bank Secrecy Act, Best Practices, BSA/AML, FinCEN

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Theodore Sica

Application for PPP Loan Forgiveness … Now What?

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified or… more

Borrowers, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

Jack Sidorov

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new… more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Samantha Sigelakis-Minski

Bank Secrecy Act Postponed for Investment Advisers and Exempt Reporting Advisers

On July 21, the United States Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced its intent to postpone compliance with new regulatory requirements imposing certain anti-money laundering (AML)… more

Anti-Money Laundering, Bank Secrecy Act, Biden Administration, BSA/AML, Compliance

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Meagan Signoriello

Ginnie Mae Pass-Through Assistance Program All Participants Memorandum

On April 10, Ginnie Mae issued a new All Participants Memorandum (APM) officially implementing its Pass-Through Assistance Program (PTAP/C19) for issuers under Ginnie Mae’s Single-Family program for which the COVID-19 national… more

Coronavirus/COVID-19, Ginnie Mae, Mortgage Lenders, Mortgage-Backed Securities, Relief Measures

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Brian Silikovitz

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

See all updates »

Ethan Silver

Crypto Brief - Lowenstein Crypto Newsletter - August 21, 2025

Wyoming Becomes First U.S. State to Launch Stablecoin - On August 19, the Wyoming Stable Token Commission (WYSTC) announced the mainnet launch of the Frontier Stable Token (FRNT), marking a historic moment for Wyoming as the… more

Anti-Money Laundering, Blockchain, CFTC, Cryptoassets, Cryptocurrency

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Lindsay Sklar

SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate

Keara Waldron and Lindsay H. Sklar discuss the decision by the Bankruptcy Court for the Southern District of New York in the case of In re Cortlandt Liquidating LLC, which parted with decades of precedent to endorse and apply… more

Appeals, Bankruptcy Code, Bankruptcy Court, Damages, Debtors

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Steven Skolnick

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration… more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

See all updates »

Peter Slocum

It’s Not Easy Being Green: How To Comply with the Latest Cannabis Regulations

In this episode of “Regulatory Matters,” host Rachel Maimin talks to partner Peter Slocum about how businesses can navigate the heavily regulated landscape of New Jersey’s now-legalized cannabis space. Slocum discusses how his… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Marijuana

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Kenneth Slutsky

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

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Raquel Smith

Jemimah Orevaoghene: A Lesson on Investing with your Sixth Sense

In this episode of Venture Voices, Deangeor Chin and Raquel Smith of Lowenstein’s Africa practice speak with Jemimah Orevaoghene, a Venture Capital Director at Morgan Stanley and Africa portfolio leader, about her unique… more

Africa, Angel Investors, Capital Markets, Entrepreneurs, Financial Institutions

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Tracy Snow

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

See all updates »

Juan Soto

Startups: Beneficial Ownership Filings May Be Required After January 1, 2024

Founders and operators, is your company prepared to report its Beneficial Ownership Information (BOI)? Unless an exemption applies, you may be required under the Corporate Transparency Act (CTA) to identify and report the… more

Beneficial Owner, Business Entities, Corporate Transparency Act, Early Stage Companies, Employer Identification Number (EIN)

See all updates »

Ashley Steinhart

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

See all updates »

Stephanie Stephenson

Governor Signs New York LLC Transparency Act into Law

On Dec. 22, New York Governor Kathy Hochul signed the New York Limited Liability Company Transparency Act (“NY LLC Transparency Act”) into law. The NY LLC Transparency Act is modeled on the Corporate Transparency Act (“CTA”), a… more

Broker-Dealer, Corporate Transparency Act, Financial Crimes, Limited Liability Company (LLC), New York

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Bryan Sterba

Considerations from America’s AI Action Plan

On July 23, the White House released “America’s AI Action Plan” (the Plan), a comprehensive federal strategy aimed at ensuring the United States achieves and maintains global leadership in artificial intelligence (AI). Developed… more

Algorithms, Artificial Intelligence, Data Privacy, Data Security, Deregulation

See all updates »

John Stolz

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C… more

Amended Regulation, Buyers, Contaminated Properties, Due Diligence, Hazardous Substances

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Daniel Suckerman

New Jersey Flood Risk Disclosure

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property to… more

Climate Change, Disclosure Requirements, FEMA, Flood Zones, Flooding

See all updates »

Amani Taha

The New Jersey Business Corporation Act to Permit Corporate Conversions/Domestications

Effective November 4, 2023, the New Jersey Business Corporation Act (the Act) will be amended to permit conversions and domestications across all business entity types, including foreign and domestic corporations. The delay in… more

Business Corporation Act, Corporate Conversions, Department of Revenue, Foreign Entities, Limited Liability Company (LLC)

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Stephen Tanico

Lease Term Sheets: Why Investing in a Thorough Review Now Will Prevent Losses Later

On this episode of “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Stephen Tanico continue their term sheet series, this time focusing on lease deals and the value of attorney review prior to signing… more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Lease Term

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Kristin Taylor

Tax Reform 2025: What the OBBBA Means for Startups & Venture Capital + QSBS in New Jersey

On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA), repeals or scales back several provisions from… more

C-Corporation, Exclusions, Federal Taxes, Income Taxes, New Jersey

See all updates »

Raymond Thek

Paycheck Protection Program Flexibility Act of 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations, government guidance and other government action; thus, certain details regarding the legislation… more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Loan Repayment Issues, Paycheck Protection Program (PPP)

See all updates »

C. Patrick Thomas

DOJ Announces Updated Corporate Criminal Enforcement Policies Under Its New White Collar Enforcement Plan

Last week, U.S. Department of Justice (DOJ) Head of the Criminal Division Matthew R. Galeotti announced key changes to the DOJ’s enforcement priorities during his keynote address at the Securities Industry and Financial Markets… more

Compliance, Corporate Crimes, Corporate Governance, Criminal Prosecution, Department of Justice (DOJ)

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David Toma

The USPTO’s Transition to Electronic Patent Grants

In its ongoing efforts to modernize patent examination practices, the United States Patent and Trademark Office (USPTO) has announced it will transition to electronic patent grants (eGrants) and discontinue mailing traditional… more

Electronic Filing, Patent Applications, Patent Filings, Patents, USPTO

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Jenna-Marie Tracy

Right of Publicity Laws: New Jersey

A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims,… more

Celebrities, Copyright, Deceased, Exploitation, Name and Likeness

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Rossie Turman III

Eunice Ajim on Wining & Dining Africa Before Investing

In this episode of Venture Voices, host Rossie E. Turman III chats with Eunice Ajim, a Cameroonian-American tech entrepreneur and founding partner of Ajim Capital, about navigating African markets and startups. They cover the… more

Africa, Business Strategies, Capital Markets, Entrepreneurs, Financial Markets

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Matthew VanderGoot

Silicon Valley Bank: A Timeline and Summary of Events

On Friday, March 10, the Federal Deposit Insurance Corporation (FDIC) shuttered Silicon Valley Bank (SVB) and seized its deposits in the second-largest bank collapse in U.S. history. In this alert, we’ve mapped out the events… more

Banking Sector, FDIC, Federal Reserve, Financial Institutions, Popular

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Nicholas Velez

DOJ Announces New Safe Harbor Policy for Reporting of Misconduct in Connection With M&A Transactions

On Oct. 4, Deputy Attorney General Lisa Monaco (DAG Monaco) announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (the Safe Harbor Policy). At the outset of her… more

Anti-Corruption, Antitrust Division, Compliance, Corporate Governance, Corporate Misconduct

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Macauley Venora

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs were… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, FinTech

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Michael Vito

OBBBA Provisions Impact Charitable Contribution Deductions

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions relating… more

Adjusted Gross Income, CARES Act, Charitable Donations, Charitable Organizations, Itemized Deductions

See all updates »

Michael Walutes

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

See all updates »

Heather Weaver

Beyond the Defense: Exploring the Insurer’s Duty to Indemnify

In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to… more

Breach of Contract, Contract Disputes, Duty to Defend, Indemnification, Insurance Claims

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Eric Weiner

Crypto Brief - Newsletter - January 24, 2025

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters… more

Anti-Money Laundering, Blockchain, CFTC, Compliance, Cryptocurrency

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Brent Weisenberg

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 to approve… more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Julie Levinson Werner

Tips for Engaging Temporary Workers

In this episode of Just Compensation, Megan Monson, Julie Levinson Werner, and Jessica I. Kriegsfeld delve into considerations associated with engaging temporary workers, particularly through a staffing agency. They discuss the… more

Best Practices, Compensation & Benefits, Employee Benefits, Hiring & Firing, Human Resources Professionals

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Taylor West

4th Circuit Holds Exposure to Contaminants Is a Sufficient Injury in Some Medical Monitoring Cases

On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are… more

Appellate Courts, Article III, Class Action, Contamination, Environmental Litigation

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Matthew Wester

Federal Government Asks 11th Circuit To Reverse Decision Declaring Qui Tam Provision of the False Claims Act Unconstitutional

In October 2024, we wrote about U.S. District Judge Kathryn Kimball Mizelle’s dismissal of a whistleblower action, deeming the qui tam provisions of the False Claims Act (FCA) unconstitutional. The Department of Justice (DOJ)… more

Appeals, Appointments Clause, Article III, Constitutional Challenges, Department of Justice (DOJ)

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Jeffrey Wild

Whose Cello Is It Anyway? Or, a Lawyer, a Judge, and a Professional Athlete Talk About Family Litigation

In this episode of “Splitting Heirs” host Warren K. Racusin of Lowenstein’s Trusts & Estates practice is joined by Jeffrey J. Wild, Lowenstein partner and litigator whose practice focuses on fiduciary issues; the Honorable Paul… more

Beneficiaries, Estate Claims, Estate Planning, Family Members, Inheritance

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Christopher Williams

Silicon Valley Bank Fallout: Navigating and Managing the Account Opening Processes at Other Financial Institutions

Silicon Valley Bank, Santa Clara, California, was closed on March 10 by the California Department of Financial Protection and Innovation (CDFPI). On March 12, the New York State Department of Financial Services (NYSDFS)… more

Anti-Money Laundering, Banks, Deposit Accounts, FDIC, Financial Institutions

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Brian Winfield

The BSA’s Expansion & How Investment Advisers Can Leverage Existing AML Compliance Programs in the Cayman Islands To Comply With the BSA

On Aug. 28, 2024, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule (the Final Rule) extending the scope of the Bank Secrecy Act (BSA) and its amendments by requiring certain… more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Cayman Islands, Compliance Dates

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Gary Wingens

Lowenstein Sandler 2021 Year in Review

An ongoing pandemic, a volatile economy, booming capital, private investment funds and M&A markets, and the early emergence of crypto and NFTs as institutional asset classes all presented unprecedented opportunities and novel… more

Business Development, Client Services, Law Practice Management

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Jonathan Wishnia

A Lawyer’s Approach to Real Estate Investment

Jonathan Wishnia, Chair of the Mortgage & Structured Finance practice at Lowenstein Sandler, and real estate investor, talks with Lowenstein commercial real estate lawyers Stacey Tyler and Stephen Tanico on today’s episode of… more

Commercial Real Estate Market, Interest Rates, Investment Funds, Investment Opportunities, Real Estate Development

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Freda Wolfson

Mass Arbitrations: Who Pays? Part II

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation,… more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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Chelsea Wong

One Big Beautiful Bill and Opportunities To Avoid or Defer Tax on Gains

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R.1) (OBBBA). This alert focuses on OBBBA changes regarding qualified small business stock (QSBS) and qualified opportunity zone (QOZ)… more

Capital Gains, Estate Planning, Federal Taxes, Internal Revenue Code (IRC), Investors

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Min Xue

Key Tax and Employee Benefits Provisions of the CARES Act

On March 27, the United States House of Representatives passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “Act”), and the President signed it into law. This alert summarizes key tax and employee benefits… more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Relief Measures, Tax Relief

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Çagla Yetis

SEC’s 2025 Examination Priorities for Investment Advisers

On October 21, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (the Division) released its annual Examination Priorities for fiscal year 2025 (the Report). The Report identifies certain critical… more

Advisors Act, Bank Secrecy Act, Broker-Dealer, BSA/AML, Code of Conduct

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Yvette Yun

SEC Issues Additional Guidance on Investment Adviser Examinations and Compliance With the Marketing Rule

The Securities and Exchange Commission (SEC) routinely prepares Risk Alerts to provide helpful information to federally registered investment advisors (advisers). On June 8, the SEC released a Risk Alert that described… more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Private Funds, Risk Alert

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Stuart Yusem

A Mortgage Loan Documentation Pitfall

A consequence of the COVID-19 pandemic is that many companies are unable to operate their businesses partially or completely. As a result, they have been compelled to seek relief from their landlords, vendors and… more

Business Closures, Business Interruption, Chapter 11, Coronavirus/COVID-19, Loan Documentation

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Ed Zimmerman

SVB Financial Group Files for Chapter 11 Bankruptcy

Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the… more

Bank Holding Company, Bankruptcy Code, Bankruptcy Court, Banks, Bridge Banks

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Ruth Fong Zimmerman

Mass Arbitrations: Who Pays? Part II

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation,… more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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