What is in store for Privacy and Cybersecurity in 2023 -
As the year ends, we offer this special edition with predictions for 2023 from each member of the Cyber Bits Partner Committee. Regardless of what happens in 2023, we...more
12/30/2022
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Cyber Attacks ,
Cybersecurity ,
Disclosure Requirements ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Infrastructure ,
Investment Adviser ,
Popular ,
Privacy Laws ,
Privacy Legislation ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State Data Breach Notification Statutes ,
UK ,
Whistleblowers
When the UK Government first introduced the Online Safety Bill (the "Bill") to Parliament, it lauded the Bill as creating "world-leading online safety laws" which "marked a milestone in the fight for a new digital age". The...more
6/8/2022
/ Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Online Platforms ,
Online Safety for Children ,
Pending Legislation ,
Personally Identifiable Information ,
Regulatory Agenda ,
Regulatory Reform ,
Search Engines ,
Social Media ,
UK ,
Websites
Recent notable industry transactions.
The Alan Turing Institute, the Royal Statistical Society and the UK Department of Health and Social Care's Joint Biosecurity Centre finalised a partnership agreement in relation to the...more
12/2/2020
/ AstraZeneca ,
Bayer ,
Coronavirus/COVID-19 ,
Corporate Sales Transactions ,
Infectious Diseases ,
Life Sciences ,
Merck ,
Mylan Pharmaceuticals ,
Pfizer ,
Pharmaceutical Industry ,
UK
Medicines and Medical Devices Bill (MMDB) – The MMDB is intended to act as the primary UK legislation specifying powers that would enable the regulatory regimes for human medicines, clinical trials, veterinary medicines and...more
As the most tax advantageous HMRC approved share option scheme available, the Enterprise Management Incentive (EMI) scheme has long been the preferred form of incentive for eligible early and mid-stage UK-based life science...more
The UK has announced a bill proposing a new system to screen transactions for national security risk, separate from the system of merger review operated by the Competition and Markets Authority. The National Security and...more
12/2/2020
/ Antitrust Provisions ,
Biotechnology ,
Foreign Investment ,
Legislative Agendas ,
Life Sciences ,
National Security ,
Pharmaceutical Industry ,
R&D ,
Regulatory Agenda ,
UK ,
UK Parliament
The UK has become one of the latest in a line of countries around the world to tighten FDI screening rules in the context of the COVID-19 pandemic. The legislative changes that were passed recently affect the rules in two...more
10/26/2020
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cryptography ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Jurisdictional Thresholds ,
Merger Controls ,
National Security ,
Proposed Legislation ,
Public Health Emergency ,
Public Interest ,
Threshold Requirements ,
UK
Key Takeaways -
- Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.
- Several countries have adapted their existing FDI rules, or...more
7/29/2020
/ Australia ,
Austria ,
Biotechnology ,
Canada ,
CFIUS ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Czech Republic ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
France ,
Healthcare Facilities ,
Hungary ,
Italy ,
Japan ,
Medical Devices ,
Member State ,
Mergers ,
New Zealand ,
Pharmaceutical Industry ,
Poland ,
Slovenia ,
Spain ,
Threshold Requirements ,
UK ,
Voting Rights
All forms of movement are under serious threat in the current global climate: with an estimated 1/4 of the world’s population in lock down, this unprecedented government intervention has slashed passenger demand and halted...more
3/30/2020
/ Automotive Industry ,
Aviation Industry ,
Best Practices ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Economic Stimulus ,
EU ,
Federal Loans ,
Financial Assistance Policies ,
Government Assistance ,
Government Lockdown ,
Relief Measures ,
Risk Management ,
Shipping ,
Supply Chain ,
Transportation Industry ,
UK
Fast Facts -
United States -
- The DOJ and FTC concluded 26 significant U.S. merger investigations in 2019 – similar to the level of activity from 2011-2014 under the Obama administration but trailing the activity...more
2/1/2020
/ Antitrust Investigations ,
Antitrust Litigation ,
Blocked Mergers ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Mergers ,
Phase II ,
Technology Sector ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
United States
Following the UK General Election on 12 December, the government now has the parliamentary majority it needs to enact its Brexit policy: an orderly exit from the EU on 31 January followed by a transition period until 31...more
1/10/2020
/ EFTA ,
EU ,
European Economic Area (EEA) ,
European Parliament ,
Free Movement ,
Free Trade Agreements ,
General Elections ,
No-Deal Brexit ,
Ratification ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Parliament ,
Withdrawal Agreement ,
WTO
It is now clear that the UK will not go over the cliff by leaving the EU on 31 October without a Withdrawal Agreement: UK membership has been extended to 31 January 2020 (although Brexit could come sooner, if the recently...more
The new UK government is "absolutely committed" to leaving the EU on 31 October. It hopes to force the EU to renegotiate the proposed Withdrawal Agreement by threatening to leave without a deal if its demands are not met....more
Brexit has been postponed again, until at least 31 October 2019, but with the possibility that it may occur sooner, maybe even within a few weeks....more
4/15/2019
/ Article 50 Treaty of the EU ,
Customs Unions ,
Election Results ,
EU ,
EU Single Market ,
European Parliament ,
Free Trade Agreements ,
No-Deal Brexit ,
Special Election ,
Tariffs ,
Time Extensions ,
UK ,
UK Brexit ,
UK Parliament ,
Withdrawal Agreement
The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications:
- Businesses subject to an ongoing EU antitrust investigation on the...more
3/7/2019
/ Abuse of Dominance ,
Anticompetitive Behavior ,
Antitrust Investigations ,
EU ,
European Commission ,
Member State ,
Mergers ,
No-Deal Brexit ,
Parallel Proceedings ,
Transitional Arrangements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
When the UK leaves the EU it will cease to be a party to the EU’s free trade and investment agreements with some 70 countries, covering some 11% of UK trade. In the event of a "No Deal" Brexit, the UK’s trade with these...more
In a series of votes on 29 January, the UK parliament rejected proposals aimed at preventing the UK leaving the EU on 29 March without a Withdrawal Agreement in place. Although there was a narrow majority for a non-binding...more
Fast Facts
- In the U.S., the number of significant antitrust merger investigations in 2018 reached a near-record low over DAMITT’s eight years of data, while their average duration remained near the record high.
- In...more
1/30/2019
/ Antitrust Investigations ,
Antitrust Litigation ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
No-Deal Brexit ,
Obama Administration ,
Phase II ,
Remedies ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
The UK House of Commons has rejected the government’s proposed Withdrawal Agreement. Unless the Agreement (or an amended version of it) is approved by the House of Commons, or the Brexit date of 29 March 2019 is postponed or...more
1/16/2019
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Contract Terms ,
Corporate Counsel ,
Corporate Taxes ,
Cross-Border Transactions ,
EU ,
Exports ,
Free Movement ,
Imports ,
Intellectual Property Protection ,
MiFID II ,
No-Deal Brexit ,
Supply Chain ,
Tax Treaty ,
Trade Policy ,
Trade Relations ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit ,
Withdrawal Agreement
HM Revenue and Customs (HMRC) has issued a letter to 145,000 UK businesses setting out actions they need to take now to prepare for the “unlikely event of the UK leaving the EU without a deal.” More substantial steps may be...more
12/7/2018
/ Business Entities ,
Cross-Border Transactions ,
Customs ,
EU ,
Exports ,
HMRC ,
Imports ,
No-Deal Brexit ,
Taxation (Cross-border Trade) Act 2018 (TCTA 2018) ,
Transitional Arrangements ,
Transportation Contracts ,
UK ,
UK Brexit ,
Value-Added Tax (VAT) ,
Withdrawal Agreement
The risk of a no agreement ‘cliff-edge’ is growing and the prospects for a transitional agreement, while somewhat improved, remain uncertain. The groundwork in Whitehall and the negotiations in Brussels have made only limited...more
The result of the UK’s general election on 8 June has reignited speculation that the UK government might pursue a softer Brexit. In this update, we provide a reminder of the main “softer” Brexit models which had previously...more
6/13/2017
/ Customs Unions ,
EFTA ,
EU Single Market ,
European Court of Justice (ECJ) ,
European Economic Area (EEA) ,
Free Movement ,
Free Trade Agreements ,
General Elections ,
Political Parties ,
Tariffs ,
Theresa May ,
UK ,
UK Brexit ,
WTO
The UK will hold a General Election on 8 June. While this will mean that the ongoing work of the Government on Brexit will be put on hold, the two-year deadline for the negotiations continues to draw closer....more
The UK Government today formally triggered the process of leaving the EU by invoking Article 50 of the Treaty on European Union. How are the negotiations likely to affect your business? Defining your priorities, developing...more