M. Ridgway Barker

Kelley Drye & Warren LLP

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Recently by M. Ridgway Barker


Federal Appellate Court Issues Broad Interpretation Of Term “Instrumentality” Under FCPA

On Friday, May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit issued a significant ruling addressing the definition of the term “instrumentality” as used in the Foreign Corrupt Practices Act of 1977 (the “FCPA”). United States v. Joel Esquenazi and Carlos...

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Liquidity Issues For Plan Fiduciaries Relating To Securities Lending Or Stable Value Funds

Plan fiduciaries are currently facing various liquidity issues in connection with pension and 401(k) plans. There are two circumstances, in particular, where plan administrators are dealing with new and unexpected concerns: securities lending programs and stable value funds. Plan administrators...

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Exchanges For Listing SPACs - A Shifting Landscape

Special purpose acquisition companies ("SPACs") are newly formed entities that raise capital through an initial public offering ("IPO") of their equity securities. The securities are usually units comprised of common shares and warrants, and the proceeds are usually deposited into a trust and...

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Recent Delaware Decisions Affecting Advance Notice Bylaws

In general, stockholders of Delaware corporations are entitled to raise, at an annual meeting, any matter that would properly be a subject of stockholder vote, such as election of a dissident state of directors. Stockholders are also entitled to do so at a special meeting, so long as the matter...

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SPACs - Continuing To Grow And Evolve

A special purpose acquisition corporation, commonly known as a "SPAC," and formally a "development stage company," is a corporation formed for the purpose of raising capital through an initial public offering ("IPO") of its securities, in order to fund an acquisition of an existing operating...

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