It is with great sadness that we share the news of the death of our friend and colleague, Eric Smith, who died on July 13th following a long battle against cancer. Eric graduated from St. Paul’s School and Cornell University, where he played lacrosse. He earned his J.D. from the University of Baltimore School of Law and an LL.M. in securities and financial regulations from the Georgetown University Law Center. He joined Venable in 2005 and became a partner in 2011.
Eric was a well-respected corporate and securities lawyer, earning recognition from Best Lawyers in America each year since 2013. He volunteered his time serving on the boards of First Tee and the Sherwood Forest Boys and Girls Camp. He was known for his loyalty, integrity, and compassion and most of all for putting Missy, his wife, and Kaylin and Avery, his daughters, above all else. He was, by every measure, a scholar and a gentleman.
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Featured Articles
Delaware Supreme Court Strikes Down Advance Notice Bylaws as "Unintelligible" or Adoption with an Improper Purpose on a "Cloudy Day"
In a much-anticipated decision, the Delaware Supreme Court echoed the Court of Chancery's pronouncement that advance notice bylaws adopted amid an approaching proxy contest are reviewed through the lens of enhanced judicial scrutiny and clarified the framework for judicial review of advance notice bylaws on both a "clear day" and a "cloudy day." As described in our prior client alert, the case concerned a series of attempted proxy contests related to the board of directors of AIM ImmunoTech Inc. (the "Company") and amendments to the Company's advance notice bylaws adopted in anticipation of a third proxy contest.
Event in Review: Private Equity Investment in Healthcare
Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely developments that shape deals within the industry.
As part of this series, partner Chuck Morton recently moderated a conversation between partner Ari Markenson and associate Chris Conn on key issues and considerations related to investing in healthcare services. These seasoned attorneys shared their insights to help provide a framework for navigating the highly regulated healthcare deal landscape.
In Conversation: Nearly Two Years On, Paul Battista and Michael Joblove Assess the Impact of Venable’s Expansion into Florida
In January 2023, Venable retained the attorneys from Florida-based Genovese Joblove & Battista, P.A. (GJB), a boutique law firm with a host of nationally recognized lawyers at the top of their game in different fields. Now, as Venable Florida prepares to move into new office space in Miami, Paul Battista and Michael Joblove discuss the impetus behind the combination and how Venable is looking to expand its presence across the state of Florida.
Related Articles
District of Columbia Establishes New Tax Incentives for Office Repositioning in Downtown
On June 25, 2024, the D.C. Council passed the Downtown Activation Conversion Program Amendment Act of 2024, in a strategic effort to revitalize the downtown area—including portions of Dupont Circle, West End, Foggy Bottom, Penn Quarter, Chinatown, and East End—by adapting to evolving market conditions and urban needs.
D.C. Zoning Commission Set to Approve Lower Parking Minimums for Certain Affordable Housing Projects in D.C.
On May 8, 2024, the Zoning Commission for the District of Columbia published a Notice of Proposed Rulemaking to reduce parking requirements for publicly assisted affordable housing projects located near certain public transit. For certain developments, parking requirements would exempt the first 50 affordable dwelling units from requiring any parking.
ERTC Refund Lawsuits: Is Now the Time to File?
Many employers who filed employee retention tax credit (ERTC) refund claims have been waiting months or even years to receive refund checks. The IRS stopped processing refund claims in mid July of 2023 and publicly announced a moratorium on processing new claims on September 14, 2023. Although the IRS's stated reason for the moratorium was an increase in invalid ERTC refund claims, the moratorium has created a significant delay for employers with valid claims whose eligibility for the ERTC is not in doubt. Some of these employers might consider filing a refund suit to expedite payment of their ERC claims.
Healthcare Impacts in a Post-Chevron World
The Supreme Court's landmark June 28, 2024 decision in Loper Bright Enterprises v. Raimondo abandoned the Chevron doctrine after 40 years of deferring to agency interpretations of ambiguous laws. As previewed in our June 28 alert, Loper continues the Court's departure from agency deference through this most significant blow. The practical impacts of Loper on the robust healthcare regulatory regime will be tested in the ensuing months and years. We examine what is and is not likely to change for the healthcare industry.
Attorney Spotlight: Nina Greene and Michael Joblove on Trends in Franchising Law and How Their Practice Has Evolved Since Joining Venable
Recently recognized by the Franchise Times among its Legal Eagles of 2024, Venable partners Nina Greene and Michael Joblove have been consistently ranked among the top franchising attorneys in the country. In this Q&A, Nina and Michael talk about recent developments in franchising law and what they enjoy most about their practice.
Changes to Maryland General Corporation Law and Maryland REIT Law Effective October 1, 2024
During its 2024 session, the General Assembly of Maryland approved Senate Bill 400 and House Bill 749, amending several provisions of the Maryland General Corporation Law (the "MGCL") and the Maryland REIT Law (the "MRL"), which are now codified as Chapters 609 and 608 of the Laws of Maryland 2024, respectively. The General Assembly also approved House Bill 888 and Senate Bill 544, amending certain provisions of Title 2, Subtitle 7, of the MGCL relating to ratification of defective corporate acts, which are now codified as Chapters 605 and 604 of the Laws of Maryland 2024, respectively. The legislation will take effect October 1, 2024. Here are the key provisions (all section references are to the MGCL unless otherwise noted).
Attorney Spotlight: Allison Day on Her Thriving Pro Bono Clinic and What She Loves About Bankruptcy Law
A partner in Venable's Miami office, Allison Day helps clients navigate challenges in all areas of bankruptcy, business reorganization, and creditors' rights. She was also recently recognized as a Pro Bono Hero by the Florida Bar Association. In this Q&A, Allison relates how she first got into bankruptcy law, the benefit of women's networking organizations, and how representing dying AIDS patients fueled a lifelong dedication to pro bono service.
Two Northern Virginia Counties Are Tightening Their Data Center Regulations
Fauquier County and Fairfax County are tightening zoning regulations for data center developments.
Supreme Court Overrules Chevron: Agency Deference in Flux
In a monumental opinion, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's interpretation of a statute is contrary to the Administrative Procedure Act (APA) and the judiciary's responsibility to interpret statutes and decide questions of law. Although the Court did not repudiate existing precedent that relied on Chevron, the decision will upend how litigants challenge agency actions. In the coming week, we will look at how Loper Bright may impact specific industries and legal questions. As an introduction to this discussion, let's look at how the Court came to its conclusion.
Supreme Court Strikes Down Bankruptcy Courts' Ability to Order Non-consensual Third-Party Releases
In a 5-to-4 decision in the case of Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P, et al., the U.S. Supreme Court struck down the ability of bankruptcy courts to order non-consensual third-party releases (i.e., claims held by non-debtors against non-debtor third parties) as part of a Chapter 11 plan. While non-consensual third-party releases can no longer be approved as part of a Chapter 11 plan, the Supreme Court confined the ruling to hold "only that the bankruptcy code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seeks to discharge claims against a non-debtor without the consent of affected claimants."
June 1 Prescription Drug Reporting Deadline for Group Health Plans
Employer group health plans must make an annual disclosure of the plan's prescription drug and healthcare spending to the Centers for Medicare & Medicaid Services (CMS). The disclosure, called the Prescription Drug Data Collection (RxDC) report, is due no later than June 1, 2024.
Venable Foundation Releases its 2023 Annual Report
As we celebrated the Foundation's anniversary in 2023, we reflected on four decades of commitment, philanthropy, and giving back to the communities our attorneys, professionals, and clients call home. We take great pride in the ability of our Foundation to assist our neighbors in times of need.