Dodd-Frank Litigation
How to Read a MAC / MAE Clause
Litigation, M&A Akorn, Inc., v. Fresenius Kabi AG et al will undoubtedly become known as the first case where a Delaware court found a material adverse effect, or MAC (often referred to as a material adverse effect, or MAE), to exist. The opinion also contains a helpful description of how to read an MAE clause. MAE clauses […] Read more →
SEC Charges Hedge Fund with 13D Violation
Investment Advisers, Litigation, Private Equity, Public Companies and Securities The SEC charged a hedge fund sponsor that manages private funds and separately managed accounts focused on global distressed, special situations, and opportunistic investing with... Read more →
SEC Targets Perqs in Another Enforcement Action
Employment, Executive Compensation, Litigation, Public Companies and Securities The SEC has targeted disclosure of executive perquisites in another settled enforcement action. According to the SEC, the issuer did not follow the Commission’s standard... Read more →
SEC Tags Private Equity Group for Accelerated Fees
Litigation, Private Equity The SEC entered into an agreed settlement with a private equity group for receiving accelerated fees without the consent of all necessary parties prior to the commitment of... Read more →