Tag: Daniel Divis

A set of hands wearing hot pink fingernail polish holds a white piggy bank and inserts a coin into the slot in front of a grassy field full of solar panels. the sky is bright blue and partially cloudy

How Renewable Energy Developers Can Maximize ITC Value in Deal-Making

On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act of 2022 (the “Act”). Among other things, the Act has notable consequences for the renewable energy industry, including restoring the production tax credit (“PTC”) and the investment tax credit (“ITC”), the former of which was established under the Energy Policy Act…
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Meme Stock Mania Sets Stage for Proposed Game-Changing SEC Rule

On Wednesday, December 14, the U.S. Securities and Exchange Commission (the “SEC”) affirmatively voted to advance some major changes to U.S. stock-market rules, perhaps the biggest changes to such rules in nearly 20 years. Although the affirmative vote opens the proposed rules to public comment until at least March 31, 2023, before they can be…
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NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness

The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth Circuit’s decision in favor of the plaintiff-class student-athletes, held, among other things, that the NCAA had violated antitrust law through…
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Timing is Everything: The Importance of Complying With the Plain and Unambiguous Terms of a Contract

The First Circuit recently opined on termination rights concerning a party’s right to terminate a stock sale, highlighting the importance of negotiating an agreement’s terms and fully understanding each party’s rights. In the decision, FinSight I LP v. Seaver, 50 F.4th 226 (1st Cir. 2022), the court ultimately concluded that the termination rights the defendants…
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Life May Not Be Fair, But Interested Party Transactions Should Be

Overview When a court reviews contested business transactions of a Delaware corporation, they typically rely on one of two standards of review: the “business judgment rule” or the “entire fairness standard.” The business judgment rule is the default standard of review, where the plaintiff has the burden of proof and which sets forth a presumption…
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