UK Information Commissioner’s Office seeks further criminal powers
The UK Information Commissioner recently published a consultation paper inviting views on the ICO’s proposal that it should be granted investigation and asset ...
DOJ’s Granston Memo and Recent Government-Requested Dismissal of False Claims Act Case Have Significant Implications for FDA-Regulated Entities
Introduction For more than twenty years, qui tam relators have played a significant role in setting the agenda for enforcement of the Federal Food, Drug ...
PErspectives: Private Equity Industry Insights
Welcome to the inaugural edition of PErspectives – our quarterly publication featuring news, trends and legal developments in the private equity industry. We are ...
DOJ Updates FCPA Corporate Enforcement Policy
On November 20, 2019, the Fraud Section of DOJ’s Criminal Division announced changes to its Foreign Corrupt Practices Act (“FCPA”) Corporate ...
Sun Capital Prevails in Long-Running ERISA Liability Dispute, But Pension Risks Remain for Private Equity Funds
Eleven years after its portfolio company’s bankruptcy triggered a multiemployer pension plan’s demand that funds sponsored by private equity firm Sun ...
Sanctions lawyer Ama Adams featured in GIR’s “DC sanctions lawyers to have on speed dial”
Anti-corruption and international risk partner Ama Adams is profiled as one of Global Investigations Review’s “D.C. sanctions lawyers to have ...
The UK Financial Conduct Authority’s continued focus on behavioural science and data-analytics
In September 2019, a speech made by Matthew Miner, deputy assistant attorney general in the U.S. Department of Justice’s criminal division, announced ...
Flash Analysis: Making Sense of the Non- and Semi-Transparent Active ETF Models
On November 14, 2019, the SEC issued notices for four “semi-transparent” active ETF models – the T. Rowe, Fidelity, Blue Tractor, and ...
First Circuit Decision Validates College Tuition Clawback in Bankruptcy
On November 12, 2019, the United States Court of Appeals for the First Circuit reversed a decision of the Bankruptcy Court for the District of ...
ISS and Glass Lewis Update Their Proxy Voting Guidelines for the 2020 Proxy Season
Institutional Shareholder Services Inc. (ISS) and Glass, Lewis & Co. (Glass Lewis) have both released updates to their proxy voting guidelines.1 This Alert briefly ...
A New Dawn for Challenges to FDA Actions? Kisor and the Tenuous Vitality of Administrative Deference
In Kisor v. Wilkie1—a closely watched case decided in a closely divided opinion towards the end of the Supreme Court’s last ...
Former Alstom Executive Found Guilty in FCPA Trial
On Friday, November 8, 2019, a jury found the former Alstom executive, Lawrence Hoskins, guilty for his role in a multi-year, multimillion-dollar foreign ...
UK anti-money laundering authorities report record numbers of reports
UK anti-money laundering (“AML”) authorities are receiving more Suspicious Activity Reports (“SARs”) than ever. The numbers of cases in which ...
SEC Proposes Amendments to Regulate Proxy Voting Advice and Modernize the Shareholder Proposal Rule
Reform of proxy advisory firms and the shareholder proposal process has been on the business community’s agenda for some time. On November 5 ...
UK Supreme Court Decides Former Unilever Employee Entitled to Compensation Under Patents Act 1977
On 23 October 2019, the UK Supreme Court decided that Professor Ian Shanks, a former employee of Unilever UK Central Resources Ltd (“UCRL ...
New State Bills Inspired by the California Consumer Privacy Act May Re-appear Next Year
The California Consumer Privacy Act (CCPA) inspired legislators in several other states to attempt to pass similar legislation aimed at protecting the privacy rights of ...
One Step Toward Clarity: USDA Issues Interim Final Rule Establishing Hemp Production Program
On October 31, 2019, the U.S. Department of Agriculture (“USDA”) published an interim final rule (“IFR”) establishing a domestic hemp ...
Repatriation Tax Compliance: IRS to Begin Examining 2017 & 2018 Returns
On November 4, 2019, the IRS announced that the LB&I division will begin examining 2017 and 2018 tax returns for compliance ...
Avoiding Pitfalls of “Use” Clauses in NDAs
Reprinted with permission from the October 28, 2019 edition of the “New York Law Journal”© 2017 ALM Media Properties, LLC. All rights ...
Supreme Court to Hear Case on Validity of SEC Disgorgement
Introduction In June 2017, the Supreme Court issued its landmark Kokesh decision, which unanimously held that the remedy of “disgorgement” – regularly imposed ...
Corporate Social Responsibility Disclosure and Compliance: An Overview of Selected Legislation, Guidance and Voluntary Initiatives
This Article was prepared by Michael Littenberg and Nellie Binder for Practising Law Institute’s 51st Annual Institute on Securities Regulation, which will be ...
Staff Responds to Questions About Non-Traded BDCs and Section 61(a) of the 1940 Act
On October 17, 2019, the SEC’s Division of Investment Management published Staff Responses to Inquiries Regarding Business Development Companies and Section 61(a ...
DOJ’s New Guidance on Inability-to-Pay Claims: A Clearer Path to Imposing Corporate Fines and Penalties
On October 8, 2019, the Criminal Division of the U.S. Department of Justice (“DOJ” or the “Government”) issued new guidance ...
Bank of England and Financial Conduct Authority Publish Report on Machine Learning in the UK Financial Services Sector
On 16 October 2019, the Bank of England (“BoE”) and Financial Conduct Authority (“FCA”) published a joint report on the use ...
Protecting Payment for Value – OIG and CMS Propose New AKS Safe Harbors and Stark Exceptions
On October 9, 2019, the U.S. Department of Health and Human Services Office of the Inspector General (“OIG”) and Centers for Medicaid ...