Debevoise & Plimpton discusses SEC Action Against an Employer for Agreements Requiring Employee Whistleblowers to Waive Recovery

On August 10, the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) announced its second major enforcement action against an employer for using contracts with employees that seek to impede employees from engaging in protected whistleblowing activity. Under rules …

Gibson Dunn’s 2016 Mid-Year Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements

Despite substantial judicial and public scrutiny, non-prosecution agreements (“NPA”) and deferred prosecution agreements (“DPA”) have retained their prominence as vehicles to resolve complicated corporate investigations, particularly for companies operating in regulatory environments.  In the first half of this year, NPAs …

Davis Polk discusses Down-Round Financings of Private Companies: Considerations for Outstanding Equity Compensation Awards

The recent market turmoil has forced VC firms and other private company investors to examine closely the real possibility of seeking financing at a lower valuation – what is often referred to as a “down round.” More recently, the New