All Articles

Diversity & Inclusion

Upstanding Allies in Diversity: Taking its inclusive approach to new heights, Weil actively engages employees – and clients – in its program’s efforts

Workplace diversity has become an increasingly important topic over the past several years. With more organizations recognizing the need and importance of investing in diversity and inclusion, some are launching new programs and initiatives. For example, within the past few months, Starbucks...

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Bankruptcy & Restructuring

Get to the Back of the Line: Delaware Bankruptcy Court Holds C-Suite Stock Compensation was Equity Security Not General Unsecured Claim

Recently, in GSE Environmental, Inc. v. Sorrentino (In re GSE Environmental, Inc.), on a motion for judgment on the pleadings, the Bankruptcy Court for the District of Delaware held that the Chief Executive Officer’s claim for unpaid compensation payable in stock constituted an equity...

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Weil Advises in Three Marquee Chapter 11 Filings

Three Weil, Gotshal & Manges clients – teen clothing retailer Aéropostale, gourmet supermarket chain Fairway and helicopter operator CHC Group – filed for Chapter 11 protection in rapid succession early last month, a remarkable series of high-profile proceedings, including,...

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Weil Advises in 3 Marquee Chapter 11 Filings

Three Weil, Gotshal & Manges clients – teen clothing retailer Aéropostale, gourmet supermarket chain Fairway and helicopter operator CHC Group – filed for Chapter 11 protection in rapid succession early last month, a remarkable series of high-profile proceedings, including,...

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Technology

“Speed” of Technology Leads to Litigation: Snapchat and other mobile communications platforms offer new driving distractions

According to the National Conference of State Legislatures (NCSL), 46 states now prohibit all drivers from text messaging while driving. (See the full list on the NCSL’s website.) Unfortunately, technology often advances at a rate faster than legislation can respond, leading to increased...

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Life Sciences

Another Successful “Clear Evidence” Preemption Defense

The FDA’s response to citizen petitions is indicative of a rejected labeling change if a petition post-dates the alleged injury. This month, the District Court of Utah issued a preemption decision addressing the “clear evidence” standard set forth in the Supreme Court’s...

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DOJ’s Suit Against Hedge Fund for HSR Act Violations May Clarify the HSR “Investment-Only” Exemption

On April 4, 2016, the U.S. Department of Justice (DOJ) filed a civil complaint against two ValueAct entities (the ValueAct Funds) and their general partner (collectively, ValueAct), alleging violations of the Hart-Scott-Rodino Act (HSR).1 The complaint alleges that the ValueAct Funds...

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