In the following guest post, Thomas Boley, an associate at the Wiley Rein LLP law firm, takes a closer look at the Up-C corporate structure, and considers the claims that can arise due to the issues the corporate structure can present, as well as the insurance coverage issues that these claims may involve. Our thanks to Thomas for allowing us to publish his article as a guest post on this site. Here is Thomas’s article.
Continue Reading Guest Post: D&O Risks in Up‑C Dilution Claims
In the latest manifestations of what Forbes magazine recently (here) called “the biggest buyback binge in the history of the market,” both Home Depot and Expedia announced that they would undertake massive amounts of debt to buyback significant portions of their outstanding shares.
The Home Depot plan (which it announced here) is
One of the most noteworthy corporate phenomena of recent months has been the increasing prevalence of companies buying back their own shares. According to an article in the New York Times (here, subscription required), the S & P 500 companies are on a pace to repurchase more than $435 billion worth of their