CFIUS Issues Final Rules Implementing FIRRMA: Key Changes and Developments
On January 13, 2020, the U.S. Department of the Treasury released final regulations (the “Final Rules”) to implement the Foreign Investment Risk ...
In a Rare Move, ITC Applies Public Interest Factors to Exempt Research-Related Microfluidic Devices from Exclusion Order
The U.S. International Trade Commission (“ITC”) has become a popular venue for patent infringement actions, as it provides for fast and powerful ...
Drug Pricing: What Happened in 2019 and What to Watch in 2020
Have you heard that drug prices are too high? If not, you have not been listening to President Donald Trump, Secretary of Health and Human ...
How the SECURE Act Could Change the Landscape for Retirement Plans and IRAs – Perspectives for Employers, Asset Managers and Insurance Companies
On December 20, 2019, President Trump signed into law the fiscal year 2020 spending bill, which included the Setting Every Community Up for Retirement Enhancement ...
Key Takeaways from the First Unilateral Controls Issued Pursuant to the Export Control Reform Act
On January 6, 2020, the Bureau of Industry and Security (“BIS”) within the U.S. Department of Commerce published an interim final rule ...
Schrems II and Standard Contractual Clauses – the Advocate-General’s Opinion
The Opinion of Advocate-General (AG) Henrik Saugmandsgaardøe in the “Schrems II” case (C-311-18) was delivered on 19 December ...
Resource Extraction Payments Disclosure Rules Redux – The SEC Proposes New Rules
On December 18, 2019, the SEC proposed a new Rule 13q-1 under the Exchange Act and related amendments to Form SD. The Proposed Rules ...
Video: Life Sciences Quarterly (Q4 2019): 2019 Roundup on Life Sciences Hot Topics
In a recap of our December presentation, which includes video and an accompanying transcript, a cross-practice panel examines significant developments, trends and hot ...
SEC Proposes Updates to Accredited Investor Definition
On December 18, 2019, the SEC voted (3-2) to propose amendments to expand the definition of “accredited investor.” The proposed amendments are ...
A Shift on Standard-Essential Patent Remedies? DOJ, USPTO, and NIST Issue New Joint Policy Statement
On December 19, 2019, the U.S. Department of Justice’s (“DOJ”) Antitrust Division, the United States Patent & Trademark Office ( ...
Congress Repeals Nonprofit “Parking Tax” and Provides for Single-Tier Excise Tax on Private Foundation Net Investment Income
As part of a year-end consolidated appropriations act signed into law on December 20, 2019, Congress acquiesced to heavy criticism leveled by the nonprofit ...
Proposed Section 162(m) Rules Would Make More Post-IPO and Public Company Transaction-Based Executive Pay Nondeductible
The trend toward limiting U.S. federal income tax benefits associated with public company executive pay continues. The latest effort came last week, when the ...
$5.5 Million False Claims Act Settlement for NIH Awardee
Reflecting the increasing compliance risks for universities, academic medical centers and others facing scrutiny for “foreign influence” in research, the Department of Justice ...
Value-Based Direct Contracting Models: CMS Announces RFA
In April 2019, the Centers for Medicare & Medicaid Services (“CMS”) announced the Direct Contracting model, offering three voluntary risk-based payment options ...
CFTC Amends Regulations Applicable to Asset Managers Including Excluded and Exempt CPOs and CTAs; Action May Be Required
The United States Commodity Futures Trading Commission (“CFTC” or the “Commission”) recently amended Part 4 of its regulations (the “Amendments ...
SEC Re-Proposes Rule 18f-4 Concerning Registered Funds’ Use of Derivatives and Proposes New Rules and Retail Sales Practices for Leveraged/Inverse ETFs
The SEC has re-proposed Rule 18f-4 (the “Rule”) under the 1940 Act regarding the use of derivatives and certain related instruments ...
Science and Security Concerns Continuing to Grow
Last Friday, the National Institutes of Health (NIH) delivered an update on its efforts to identify and manage risks from “foreign influence” in ...
Another Proposed Human Rights Due Diligence and Reporting Requirement for Multinationals – This Time Norway
On November 28, 2019, the Ethics Information Committee convened by the Norwegian government recommended the adoption of mandatory corporate human rights legislation. As proposed, this ...
SEC Division of Investment Management and Division of Trading and Markets Issue Interpretive Guidance on Form CRS
On November 26, 2019, the SEC’s Division of Investment Management and Division of Trading and Markets posted on its public website “Frequently ...
Anti-human Trafficking Compliance Guidance for U.S. Government Contractors Published
During late October, the U.S. Office of Management and Budget issued a memorandum to support agency compliance with the Federal Acquisition Regulation’s ...
Ericsson to Pay Over $1 billion to Settle FCPA Bribery Violations with DOJ and SEC
On Friday, December 6, 2019, Telefonaktiebolaget LM Ericsson (“Ericsson”), a Sweden based telecommunications company, reached the second largest settlement in the history of ...
Ropes & Gray’s Investment Management Update October-November 2019
The following summarizes recent legal developments of note affecting the mutual fund/investment management industry: SEC Re-Proposes Use of Derivatives by Registered Investment Companies ...
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 ...