Article Three

M&A Set to Pick Up in 2024 Despite Ongoing Headwinds

Retrieved on: 
Thursday, October 26, 2023

This bodes well for a pickup in dealmaking in the coming months, despite macroeconomic, geopolitical and regulatory headwinds, according to the 20th edition of BCG's Global M&A Report.

Key Points: 
  • This bodes well for a pickup in dealmaking in the coming months, despite macroeconomic, geopolitical and regulatory headwinds, according to the 20th edition of BCG's Global M&A Report.
  • Through the end of August 2023, companies had announced approximately 21,500 deals year-to-date, with a total value of $1.18 trillion.
  • Deal volume fell by 14% compared with the same period in 2022, and deal value plummeted by a staggering 41%.
  • Owing to current geopolitical uncertainties, the outlook for the M&A market in 2024 is hard to predict.

NCLA Brief Supports Walmart Effort to Prevent Independent FTC from Exercising Executive Power

Retrieved on: 
Wednesday, September 14, 2022

As the brief puts it, FTC is on the horns of a dilemma.

Key Points: 
  • As the brief puts it, FTC is on the horns of a dilemma.
  • But second, even under the holding of Humphreys, the Commissioners cannot exercise executive power, such as bringing a lawsuit in court.
  • But when the Department of Justice declined FTCs recommendation to initiate suit, FTC decided to act on its own.
  • FTC Commissioners are not removable at-will by the President, so they may not exercise executive power.

SEC Enforcement Staff Accessed Adjudicatory Documents in Midst of Administrative Proceedings

Retrieved on: 
Thursday, April 7, 2022

Washington, D.C., April 06, 2022 (GLOBE NEWSWIRE) -- The U.S. Securities and Exchange Commission (SEC) has disclosed that its enforcement staff accessed documents in at least two adjudicatory matters currently in litigation in federal court, including SEC v. Michelle Cochran.

Key Points: 
  • Washington, D.C., April 06, 2022 (GLOBE NEWSWIRE) -- The U.S. Securities and Exchange Commission (SEC) has disclosed that its enforcement staff accessed documents in at least two adjudicatory matters currently in litigation in federal court, including SEC v. Michelle Cochran.
  • SEC released a statement yesterday admitting that administrative support personnel from Enforcement, who were responsible for maintaining Enforcements case files, accessed [restricted] Adjudication memoranda via the Office of the Secretarys databases.
  • This self-described control deficiency is actually an outrageous breach of ethicsand possibly lawby SEC that illustrates why the Constitution forbids housing prosecutorial functions and adjudicatory functions in a single agency.
  • SEC filed in Cochran simultaneously with publishing the statement, so Ms. Cochran was not informed of SECs control deficiency when it was discovered.

NCLA Amicus Brief Backs Cert Petition Challenging Deference to Sentencing Guidelines Commentary

Retrieved on: 
Wednesday, November 24, 2021

Under the current deference regime, district courts in seven circuits systematically violate the due-process rights of thousands of criminal defendants by applying Stinson deference to increase the Sentencing Guideline range beyond what Congress approved.

Key Points: 
  • Under the current deference regime, district courts in seven circuits systematically violate the due-process rights of thousands of criminal defendants by applying Stinson deference to increase the Sentencing Guideline range beyond what Congress approved.
  • Following the Courts decision in Stinson, however, the circuit courts of appeals began to give disproportionate weight to the Commissions commentary whenever the Sentencing Guidelines plain text was at all ambiguous.
  • petition on behalf of client Marcus Broadway asking the Court to consider this issue in Marcus Broadway v. United States .
  • Mr. Wynns petition presents the Supreme Court a critical opportunity to clarify once and for all that courts do not owe deference to Commission commentary that expands the Sentencing Guidelines.

SBAB Bank AB (publ): SBAB Interim Report January-September 2021

Retrieved on: 
Wednesday, October 27, 2021

However, stiff competition intensified in the residential mortgage market, which dampened our market share trend despite relatively good volume growth.

Key Points: 
  • However, stiff competition intensified in the residential mortgage market, which dampened our market share trend despite relatively good volume growth.
  • In September, our new lending for residential mortgages set a new single month record of SEK 6.7 billion.
  • Sweden's best workplaces were named in the spring and, for the third consecutive year, SBAB was ranked fourth among Large Organisations.
  • We are very grateful that you have chosen SBAB and we will do our utmost to be deserving of your trust.