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Insights – April 2023

Monetizing Energy Tax Credits Is Clearly Tax-Free, Unless It’s Not

New provisions under the Inflation Reduction Act are designed to simplify the monetization of energy tax credits and expand the market of potential participants. But questions remain about the corresponding state tax treatment.
Insights – April 2023

Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?

While the FTC and the DOJ Antitrust Division have lost a number of recent cases, they have developed government-friendly case law they can rely on to expand their enforcement reach in future cases.

Insights – April 2023

Practical Implications of New DOJ Criminal Self-Disclosure Policies

New DOJ policies encouraging companies to disclose possible criminal wrongdoing do not guarantee how those companies will be treated and may require them to make quick decisions before they have gathered all the facts.

Publication

What To Expect From the IRS’ $80 Billion Strategic Operating Plan

The IRS has detailed how it will spend $80 billion over the next decade on enhanced enforcement, speedier resolutions and enhanced service. Corporations, complex partnerships and high-income individuals are likely to receive more scrutiny.
The Informed Board

The Informed Board – Spring 2023

Transitioning CEOs, whether voluntary or not, is a complex process that often takes longer than expected. Boards need to plan for contract negotiations and legal disclosures, map out internal and external communications strategies, and consider the impact on other executives. Here are some tips on avoiding common mistakes.

  • Monetizing Energy Tax Credits Is Clearly Tax-Free, Unless It’s Not
  • Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?
  • Practical Implications of New DOJ Criminal Self-Disclosure Policies
  • What To Expect From the IRS’ $80 Billion Strategic Operating Plan
  • The Informed Board – Spring 2023
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As SPAC Boom Subsides, Some De-SPACed Companies Seek Chapter 11 Protection

A number of businesses that went public by merging with SPACs have had difficulty raising additional capital. Some have chosen to seek Chapter 11 protection to restructure their debt and preserve themselves as going concerns.

As SPAC Boom Subsides, Some De-SPACed Companies Seek Chapter 11 Protection

AI and Patent Law: Balancing Innovation and Inventorship

A Federal Circuit holding that patents can only be issued to human inventors complicates efforts to protect the intellectual property of the growing number of companies relying on artificial intelligence to create innovative products.

AI and Patent Law: Balancing Innovation and Inventorship

A number of businesses that went public by merging with SPACs have had difficulty raising additional capital. Some have chosen to seek Chapter 11 protection to restructure their debt and preserve themselves as going concerns.

As SPAC Boom Subsides, Some De-SPACed Companies Seek Chapter 11 Protection

A Federal Circuit holding that patents can only be issued to human inventors complicates efforts to protect the intellectual property of the growing number of companies relying on artificial intelligence to create innovative products.

AI and Patent Law: Balancing Innovation and Inventorship

A fast-growing market has emerged from the need by corporations to dispose of so-called legacy liabilities using mechanisms beyond the conventional insurance policy.

New Market Emerges for Legacy Liability Dispositions

Our third annual report on Hong Kong-listed biotech companies examines how the sector performed during the challenging conditions for capital markets globally over the past 12 months. Although aggregate listing and subsequent fundraising activity for biotech firms in Hong Kong decreased over the past year, Hong Kong continues to serve a thriving biotech ecosystem and is well positioned to attract further companies to list as global market conditions recover. The report provides a comprehensive overview of the market in its current state, examining key data points for biotech companies undertaking IPOs on the Stock Exchange of Hong Kong Limited (HKEX) in calendar year 2022 and analyzing the corporate governance practices of all 56 biotech companies listed on HKEX as of December 31, 2022.

2023 Report on Hong Kong-Listed Biotech Companies

New Market Emerges for Legacy Liability Dispositions

A fast-growing market has emerged from the need by corporations to dispose of so-called legacy liabilities using mechanisms beyond the conventional insurance policy.

New Market Emerges for Legacy Liability Dispositions

2023 Report on Hong Kong-Listed Biotech Companies

Our third annual report on Hong Kong-listed biotech companies examines how the sector performed during the challenging conditions for capital markets globally over the past 12 months. Although aggregate listing and subsequent fundraising activity for biotech firms in Hong Kong decreased over the past year, Hong Kong continues to serve a thriving biotech ecosystem and is well positioned to attract further companies to list as global market conditions recover. The report provides a comprehensive overview of the market in its current state, examining key data points for biotech companies undertaking IPOs on the Stock Exchange of Hong Kong Limited (HKEX) in calendar year 2022 and analyzing the corporate governance practices of all 56 biotech companies listed on HKEX as of December 31, 2022.

2023 Report on Hong Kong-Listed Biotech Companies
Insights – April 2023

This edition looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish government-friendly case law in antitrust enforcement, and other important trends and developments.

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Key Takeaways From Recent Events

  • Developments and Trends in Delaware Law: A Review of 2022 and What To Expect in 2023
    February 17, 2023
  • Preparing for the 2023 Shareholder Proposal Season
    December 6, 2022
  • 15th Annual Securities Litigation and Regulatory Enforcement Update: State of the Cryptocurrency Market
    November 9, 2022

Upcoming Speaking Engagements

  • Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances 2023
    June 7, 2023
  • Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2023
    October 25-27; November 15-17; December 6-8
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