Publication: NY Business Law Journal

States Require ‘Fair Access’ to Financial Services

Florida and Tennessee Have Enacted Fair Access Statutes; Eight Other States Are Considering Similar Laws Summary An increasing number of states have enacted or are considering enacting legislation requiring financial institutions to provide customers “fair access” to financial services. These fair access requirements, first appearing in Florida’s House Bill 3 (2023) (FL HB 3), generally … Continued

Securities Class Actions Show No Signs of Slowing in 2024

Plaintiffs asserted securities class actions at elevated levels in 2023—a sign that filings will remain high in the year ahead. Based on data from Cornerstone Research through Sept. 30, 2023, plaintiffs were on pace to file approximately 216 federal and state securities class actions last year—a slight increase over the 208 suits brought in 2022 and roughly … Continued

On the Constitutionality of New York’s Marihuana Regulation and Taxation Act: An Analysis of New York’s True Party of Interest Framework Under the Dormant Commerce Clause

Introduction As the United States undergoes a transformation in cannabis legalization, states are confronted with the conflict between state regulatory structures and federal constitutional principles. New York, in its commitment to extensive cannabis reform, has implemented legislation to oversee the cultivation, distribution, and consumption of cannabis within its jurisdiction. Nonetheless, the constitutional ramifications of these … Continued

New York LLC Transparency Act Amendments Signed Into Law

On March 1, 2024, New York State Governor Kathy Hochul signed into law amendments to the state’s recently enacted LLC Transparency Act (NYLTA), which requires limited liability companies that are formed under New York law or authorized to conduct business in the state to report information about their beneficial owners or attest to their exemption … Continued

New Cybersecurity Disclosure Rules for Public Companies: Update

As we previously reported1 in July 2023, the U.S. Securities and Exchange Commission (SEC) adopted new cybersecurity disclosure rules for public companies. The new rules require issuers to promptly disclose the impacts of material cybersecurity incidents and disclose on an annual basis material information regarding cybersecurity risk management, strategy and governance. The new Form 10-K and … Continued

Navigating CFIUS: Ensuring Compliance and Success in Cross-Border M&A and Investments

Introduction Businesses often engage in cross-border transactions to expand their operations, access new markets, and leverage technological advancements. However, such transactions can raise national security concerns, prompting regulatory scrutiny from agencies like the Committee on Foreign Investment in the United States (CFIUS). Understanding CFIUS regulations and navigating its review process are crucial for companies involved … Continued

Message From the Chair

After serving previous terms as Secretary and then Treasurer, my present term as Vice Chair comes to an end on June 1, 2024, and I will succeed Jessica Parker as Chair. David Goldstein will advance from Treasurer to Vice Chair, Luca Melchionna will move up to Treasurer from Secretary, and David Lallouz will join the … Continued

Leveraging Refundable Tax Credits for a Universal Basic Income

I. Introduction The COVID-19 pandemic continues to have a profound impact on the United States’ economy, with an estimated 23 million jobs lost during March of 2020.1 To mitigate the economic disaster, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) and American Rescue Plan (ARPA) in 2020 and 2021, respectively.2 These bills provided some … Continued

Inside the Courts: An Update From Skadden Securities Litigators

Consumer and Retail Second Circuit Upholds Dismissal of Class Action Alleging Tobacco Company and Officers Made False, Misleading Statements About Smoke-Free Products In re Philip Morris Int’l Inc. Sec. Litig. (2d Cir. Dec. 26, 2023) What To Know: The Second Circuit affirmed the dismissal of a putative class action securities complaint against a tobacco company and certain … Continued

HeadNotes

As this issue was going to press, the Supreme Court had just issued its ruling in two cases that portend a sea change in the role of the federal agencies charged with administering the regulatory laws under their jurisdiction (Loper Bright v. Raimondo, No. 22-451, and Relentless v. Dept. of Commerce, No. 22-1219). Oral arguments were … Continued