Posts in Summer 2020 Special Topic
What a Biden-Harris Win Means for Venture Capital

Venture capital hubs are historically based in cities such as San Francisco and New York and have a predilection for supporting Democratic candidates. (Thorne, Pitchbook). The most recent election proved to be no exception, venture capital contributions to the democratic party were even higher than they were in the 2016 election. (Center for Responsive Politics). The industry’s support for the democratic party grew in the most recent election due to Biden’s favorable policy proposals and industry grievances with the Trump administration. (Thorne, Pitchbook).

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Bringing Insider Trading Laws into the 21st Century

As our economy has battled a global pandemic, investors and shareholders have been on a roller coaster ride as stock prices have fluctuated, and corporations have had to quickly pivot and change how they conduct business. From the Justice Department investigating senators on both sides of the aisle for insider trading to companies trying to buy-back stock, fears of how the COVID-19 pandemic will impact our markets and investment portfolios have underscored corporate trading practices. However, in the context of a global pandemic or other emergencies that can drastically affect the market, do our insider trading laws have the effect we expect them to?

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Cease and Delist: The Holding Foreign Companies Accountable Act

Tensions between the United States (“U.S.”) and China have been flaring up, and the COVID-19 pandemic has only made things worse. Now, Luckin Coffee, a Chinese owned entity traded on a U.S. exchange (NASDAQ:LK), added fuel to the fire with the recent discovery that senior executives fabricated as much as 2.2 billion yuan (approximately $310 million) in sales last year. (Fox, Business Insider). Such misrepresentation deceives investors and raises doubt around the adequacy of existing market regulation, supporting the argument for more stringent oversight. The Senate, Securities and Exchange Commission (“SEC”), and Nasdaq are in support of rule changes to restore faith in the marketplace and protect investors. The question remains: will the rule proposals provide greater investor protection or chill the free market?

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Deal-Making in the COVID-19 Era: How Businesses Are Adapting in a Volatile Economy

COVID-19 has had a monumental impact on most of the U.S. and global economy. The travel industry has been especially hit hard by the COVID-19 pandemic. With governmental health guidelines and restrictions in place, fewer individuals are traveling and more businesses have moved to operating remotely. As a result, travel companies are finding it difficult to acquire the capital required to close deals and to adhere to contractual obligations. This article will address a recent failed deal between two companies, how the Delaware court handled the issue, and what attorneys can do to prevent potential COVID-19 related problems.

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COVID-19 Immunity Tests: Dangerous Territory for Employers

As the COVID-19 pandemic continues, employers are among the many groups of people facing new challenges. Against the Equal Employment Opportunity Commission’s (“EEOC”) discouragement, many employers have utilized antibody testing to avoid liability as their employees return to work. (Mulvaney, Bloomberg). The EEOC and several other agencies state that antibody testing might have an unintended discriminatory impact on several groups of employees. (Mulvaney, Bloomberg). These concerns raise issues that employers need to consider in the midst of today’s volatile work world: is antibody testing a satisfactory way to screen employees before allowing them into a workplace? If not, how should employers provide a safe workplace?

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