12/16/2025 7:07:39 PM Proxy Advisors Under Pressure: What the December 11 Executive Order Could Mean for SEC Rulemaking and the 2026 Proxy Season By Erik Gerding Elizabeth Bieber Melissa Hodgman David Nicolardi Ginger Hervey +2 more... Show less On December 11, the White House issued an Executive Order that targets proxy advisory firms, including ISS and Glass Lewis, for...
12/12/2025 6:47:36 PM Baby it’s Cold Outside: Legislation Extends the Application of Section 16(a) to Foreign Private Issuers and Their Insiders By Erik Gerding Melissa Hodgman Shira Oyserman In a frosty start to the holiday season, Foreign Private Issuers (“FPIs”) and their insiders are poised to lose a decades-old exemption...
11/24/2025 2:03:22 PM SEC Seeks Dismissal of Cybersecurity Disclosure Case Against SolarWinds and its Chief Information Security Officer By Melissa Hodgman Erik Gerding Michael Levitt The SEC announced that it was seeking dismissal of the federal court action against SolarWinds Corp. and its now chief information...
11/18/2025 12:46:34 AM SEC Staff Reshapes Shareholder Proposal Landscape with Narrowed No-Action Path By Erik Gerding Elizabeth Bieber The SEC Division of Corporation Finance issued a pivotal Staff Statement today that could reshape how public companies approach...
11/7/2025 9:50:42 PM FAR Novation Rules: A Missed Opportunity for Reform – Freshfields Lawyer Featured in The Nash & Cibinic Report By Nathan Castellano Freshfields U.S. government contracts Counsel Nathaniel E. Castellano published an article on mergers and acquisitions involving...
10/1/2025 3:09:46 PM Government Shutdown & the SEC Practical Advice for Public Companies By Erik Gerding Melissa Hodgman Yesterday, before the federal government shutdown took effect, the SEC’s Division of Corporation Finance (the Division) confirmed in...
8/29/2025 1:48:15 PM Structuring Non-competes in License and Collaboration Agreements By Jeff Jay As big pharmas and other commercial-stage biopharma and biotech companies grapple with the reality of patent cliffs on the horizon, which...
7/9/2025 9:39:42 PM An Update to Aiding and Abetting Liability: M&A Buyers (Should Still) Beware By Ethan Klingsberg Meredith Kotler Victor Ma About two years ago, we wrote a post about a series of high-profile M&A cases in the Delaware Court of Chancery that highlighted the...
6/26/2025 10:25:20 PM SEC Changes Course on Priorities, Unsurprisingly Continues Enforcing the FCPA, and Selects New Agency Leaders By Melissa Hodgman Erik Gerding Elizabeth Bieber Amella Viso Becky Sokolow +2 more... Show less Continuing its trend of reversing course from the last Administration, and with a nod to promoting innovation, the U.S. Securities and...
6/26/2025 2:26:42 PM Trends and Updates from the 2025 Proxy Season By Pamela Marcogliese Elizabeth Bieber Shira Oyserman Abbey MacDonald Heather Brookfield Andrew Dockham Austin Evers Beth George Sarah Ghulamhussain David Livshiz Sean Quinn +8 more... Show less The Freshfields’ team reviewed trends and developments for the 2025 proxy season, summarizing the key takeaways and guidance across the...
5/20/2025 7:10:23 PM Takeaways from the 11th Annual Spring Forum on M&A and the Boardroom By Ethan Klingsberg Thank you to the in-person attendees who packed the “sold-out” venue and the hundreds who joined virtually at the 11th Annual Spring...
5/15/2025 4:33:54 PM Navigating the Post-SB 21 World of Conflict Transactions: Court of Chancery Reminds Us of Availability of Dismissal on the Pleadings Even When Entire Fairness Applies By Ethan Klingsberg Meredith Kotler Victor Ma Delaware’s entire fairness doctrine – response to which in part drove the SB 21 amendments to Delaware corporate law enacted on March 25,...
2/24/2025 12:57:31 PM Trump Issues Investment Policy Directive: A Return to Open Investment Policy, Except for China By Aimen Mir Brian Reissaus Christine Laciak Colin Costello Andrew Gabel Kate Applegate +3 more... Show less I. Summary On February 21, 2025, President Trump issued a national security policy memorandum entitled America First Investment Policy...
1/27/2025 7:48:38 PM Life sciences – what to watch in 2025 By Adam Golden Kristen Riemenschneider Madeleine Tavcar We asked more than 200 Freshfields lawyers – across geographies and practice areas: what are the 1-2 issues top of mind for you and your...
1/6/2025 2:08:46 PM M&A Predictions and Guidance for 2025 By Ethan Klingsberg 1. No private equity M&A boom in 2025, but…. Thousands of private equity portfolio companies are past their “sell by” dates and private...
6/27/2024 6:05:01 PM U.S. Outbound Investment Restrictions on the Horizon – What You Need to Know By Aimen Mir Brian Reissaus Christine Laciak Colin Costello Timothy Swartz Mark Appleton Andrew Gabel +4 more... Show less On June 21, 2024, the Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) to implement President Biden’s...