Publicly-Traded Companies, Equity

Frequently Asked Questions about UPREITs and OP Unit Transactions

Morrison & Foerster LLP on 3/3/2025

A common structure for equity REITs, the UPREIT model allows a REIT to hold and operate its assets through a single operating partnership. This structure provides tax advantages and liquidity opportunities for property...more

Canada’s Proposed Share Buyback Tax

Stikeman Elliott LLP on 11/9/2023

On August 4, 2023, the Department of Finance released a revised version of its proposed 2% equity buyback tax (“Buyback Tax”) that will apply to relevant transactions that occur on or after January 1, 2024....more

Who Can Approve Equity Awards?

Foley & Lardner LLP on 6/22/2023

A multitude of questions over who must approve the grant of equity awards frequently arise when designing equity compensation programs. Do shareholders need to approve the grant? Is approval from the Board of Directors...more

Racial Equity Audits: The New ESG Frontier

Moore & Van Allen PLLC on 4/26/2022

Investors and shareholders are more frequently requesting racial equity audits of large companies to demonstrate their attention to ESG and DEI goals. Moore & Van Allen PLLC attorneys Valecia M. McDowell and Elena F. Mitchell...more

The Delaware Court of Chancery Rejects Termination of Merger Agreement Based on Material Adverse Effect

Cadwalader, Wickersham & Taft LLP on 1/8/2020

In Channel Medsystems, Inc. v. Boston Scientific Corporation, the Delaware Court of Chancery rejected an attempt by Boston Scientific to terminate and thus avoid consummating a merger agreement with Channel on the grounds...more

IRS Issues Final and Temporary Debt-Equity Regulations Under Section 385

Proskauer Rose LLP on 10/27/2016

On October 13, 2016, the Treasury Department and the Internal Revenue Service issued final and temporary regulations under section 385. The final and temporary regulations recharacterize certain debt instruments as equity for...more