Will COVID-19 Cause Securities Litigation?

Written by John Durrant

As of May 5, 2020, the COVID-19 pandemic has accompanied a precipitous descent in the domestic securities markets, followed by a surprisingly sharp rebound. Such volatility may well give rise to several different types of potential liability against companies and their officers and directors, including:

  • Securities fraud claims under the Exchange Act of 1934 (the “Exchange Act”).
  • Claims related to offerings of securities under the Securities Act of 1933 (“Securities Act”).
  • Claims under the various state securities claims, i.e., the “Blue Sky” laws.
  • Derivative suits arising under state law.

Business leaders may well say, “Wait, we didn’t cause COVID-19; we didn’t shut down the economy; how can we be held liable?” Continue reading “Will COVID-19 Cause Securities Litigation?”

Unlimited Liability for New York Business Owners

People crossing the street in Manhattan New York City
Photo Credit: istock.com/deberarr

By Arina Shulga

One of the main benefits afforded to a corporate structure is the limited liability protection for its owners. This means that the corporation and its shareholders are treated as separate legal entities and it is the corporation’s assets, and not the assets of its individual shareholders, that are available to pay for judgments and claims of creditors.

In certain limited circumstances such as fraud, disregard for corporate formalities, and inadequate capitalization, the limited liability shield can be “pierced” by the courts to hold the corporation’s shareholders personally liable for the corporation’s debts and other obligations. Such “piercing” of the corporate limited liability shield is a prevalent practice in most if not all states. Continue reading “Unlimited Liability for New York Business Owners”

New Regulations Issued By The Copyright Office Affecting Thousands of Websites

By Eric Schwartz and Matthew Williams

The Copyright Office officially released an announcement Monday, October 31st, about new regulations affecting all online service providers who seek liability limitations under 17 U.S.C. § 512 (i.e., the DMCA). The regulations, which are effective as of December 1, 2016, require that all service providers (even those who have previously designated agents) file new forms prior to December 31, 2017 to (re)name their copyright designated agents, who are to receive takedown notices from copyright owners related to allegedly infringing content. This (re)designation process must be completed through the Copyright Office’s new online registration system. Paper forms will no longer be accepted. Moreover, companies must renew their agent designations every three years.

Continue reading “New Regulations Issued By The Copyright Office Affecting Thousands of Websites”