Author Info for Cohen & Gresser LLP

Jonathan Abernethy

DOJ Revisions to Corporate Criminal Enforcement Policies Are a Potential Sea Change for Internal Investigations

Two weeks ago, the U.S. Department of Justice (“DOJ”) announced broad changes to its policies on corporate criminal enforcement. The changes were outlined in a memorandum entitled Further Revisions to Corporate Criminal…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Investigations, Regulatory Oversight

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Luke Appling

DOJ Revisions to Corporate Criminal Enforcement Policies Are a Potential Sea Change for Internal Investigations

Two weeks ago, the U.S. Department of Justice (“DOJ”) announced broad changes to its policies on corporate criminal enforcement. The changes were outlined in a memorandum entitled Further Revisions to Corporate Criminal…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Investigations, Regulatory Oversight

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Sharon Barbour

Anti-Money Laundering Act of 2020 Significantly Expands Reach of Subpoenas of Non-U.S. Banks That Have U.S. Correspondent Accounts

Non-U.S. banks that maintain correspondent accounts in the United States face the prospect of significantly broader subpoenas from the Department of Justice (“DOJ”) and the Department of Treasury (“Treasury”) as a result of the…more

Anti-Money Laundering, Banking Sector, Department of Justice (DOJ), Financial Records, Foreign Banks

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Adam Bramwell

[Webinar] Preparing an International Legislative Strategy - September 28th, 12:00 pm EST

Earlier this summer, the Group of Seven (G7) held their annual summit to coordinate global policy and devise a plan to help the world build back better from COVID-19. The G7 discussed several priorities and initiatives,…more

Business Operations, Corporate Taxes, EU, Federal Budget, Foreign Investment

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Karen H Bromberg

Employer Obligations under the New Families First Coronavirus Response Act

The Families First Coronavirus Response Act (the “Act”) was signed into law on March 18, 2020. The Act provides paid sick and protected job leave for employees who are unable to work because they, or their family members, are…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Relief Measures, Sick Leave

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Jeffrey Bronheim

Post-Brexit UK: Open for (Crypto) Business?

The UK’s HM Treasury published its response to last year’s consultation on the UK regulatory approach to cryptoassets, stablecoins, and distributed ledger technology (“DLT”) in financial markets on the 4th of April 2022. -…more

Cryptocurrency, Distributed Ledger Technology (DLT), Financial Markets, FinTech, HM Treasury

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Randall W Bryer

Courts Remain Uncertain on How to Apply the New Due Diligence Requirement for Preference Claims

The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts within 90 days (or 1 year, if made to an…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Creditors

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Mark Cohen

Trial Setbacks Are Unlikely to Deter the Antitrust Division from Aggressively Pursuing Labor Cases

Last week, the Department of Justice Antitrust Division suffered two trial setbacks in its efforts to bring cases involving alleged anticompetitive conduct in labor markets. Despite these losses, we expect the Division to…more

Antitrust Division, Antitrust Litigation, Antitrust Violations, Biden Administration, Department of Justice (DOJ)

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Ashley Collins

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…more

Corporate Misconduct, Criminal Investigations, Financial Conduct Authority (FCA), Fraud, Incentives

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Duane Cranston

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to the…more

Department of Transportation (DOT), EU, EU-US Privacy Shield, European Commission, Federal Trade Commission (FTC)

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Drew Dean

Settling Section 16(b) Short Swing Claims: Who Gets a Seat at the Table?

In an opinion this month in Revive Investing LLC v. FBC Holdings S.A.R.L., Magistrate Judge Gorenstein of the Southern District of New York recommended the grant of summary judgment to the defendant in a Section 16(b)…more

Liability, Securities Litigation, Settlement Agreements, Shareholders, Short-Swing Trading

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Lara Delamarre

Managing the Risks of Cross-Border Investigations for Israeli Businesses

Enforcement Efforts Are Increasingly International - White collar investigations and prosecutions, notably those initiated by American authorities, have become increasingly international, reaching far beyond the borders of…more

Anti-Corruption, Corporate Crimes, Crisis Management, Cross-Border, Department of Justice (DOJ)

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S. Gale Dick

FCPA Jurisdiction: The Courts Weigh In

Introduction - The jurisdictional reach of the Foreign Corrupt Practices Act (‘‘FCPA’’) is famously long. U.S. regulators have claimed that the statute applies to U.S. and foreign corporations; U.S. nationals anywhere in…more

Bribery, Compliance, Department of Justice (DOJ), Foreign Corporations, Foreign Corrupt Practices Act (FCPA)

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Angéline Duffour

Newsletter sociale - Janvier 2021

Chers clients, chers confrères, chers amis, nous profitons de notre première Newsletter de l’année pour vous présenter nos meilleurs vœux pour cette nouvelle année qui s’annonce encore un peu particulière. L’activité partielle,…more

Compensation, Employees, France, International Labor Laws, Remote Working

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Miriam González Durántez

[Webinar] Preparing an International Legislative Strategy - September 28th, 12:00 pm EST

Earlier this summer, the Group of Seven (G7) held their annual summit to coordinate global policy and devise a plan to help the world build back better from COVID-19. The G7 discussed several priorities and initiatives,…more

Business Operations, Corporate Taxes, EU, Federal Budget, Foreign Investment

See all updates »

Christian Everdell

DOJ Revisions to Corporate Criminal Enforcement Policies Are a Potential Sea Change for Internal Investigations

Two weeks ago, the U.S. Department of Justice (“DOJ”) announced broad changes to its policies on corporate criminal enforcement. The changes were outlined in a memorandum entitled Further Revisions to Corporate Criminal…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Investigations, Regulatory Oversight

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Elise Farcy

Newsletter social: Le Comité social et é conomique: c’est parti !

Le Comité social et économique (CSE) est la nouvelle instance représentative du personnel (IRP) créée par l’ordonnance n°2017-1386 du 22 septembre 2017 relative à la nouvelle organisation du dialogue social et économique. Le CSE…more

France, International Labor Laws, Labor Reform, President Macron

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Pere Puig Folch

Firm Chat Application Policy: The Consequences of the UK FCA’s 2020 Prosecution of Konstantin Vishnyak

The need for tighter control on employees’ use of chat applications when conducting or discussing company business. What we learned from the FCA’s 2020 Vishnyak prosecution and the FCA’s reminder about the need to record…more

Confidential Information, Electronic Communications, Employees, Financial Conduct Authority (FCA), Mobile Apps

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Robert Gavigan

The SEC Provides Significant Relief from Registration Requirements for M&A Brokers

On January 31, 2014, the Securities and Exchange Commission (SEC) issued an important no-action letter in which the staff of the SEC’s Division of Trading and Markets declared that it would not recommend enforcement action…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Registration, Securities and Exchange Commission (SEC), Securities Exchange Act

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John Gibson

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…more

Corporate Misconduct, Criminal Investigations, Financial Conduct Authority (FCA), Fraud, Incentives

See all updates »

Anna Milleret-Godet

Newsletter sociale - Janvier 2021

Chers clients, chers confrères, chers amis, nous profitons de notre première Newsletter de l’année pour vous présenter nos meilleurs vœux pour cette nouvelle année qui s’annonce encore un peu particulière. L’activité partielle,…more

Compensation, Employees, France, International Labor Laws, Remote Working

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Muriel Goldberg-Darmon

Enquête interne anticorruption et coopération judiciaire

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête…more

Anti-Corruption, CJIP, France, Internal Controls, Investigations

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Sir David Green CB QC

Failure to Prevent Fraud: Cohen & Gresser Assesses the Consequences of Imminent UK Corporate Fraud Liability Reform

What is happening? The Economic Crime and Corporate Transparency Bill (the “Bill”) is currently going through the UK Parliament. On 11 April 2023, the Government introduced a draft amendment that will create a new corporate…more

Corporate Fraud, Government Investigations, UK, White Collar Crimes

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Guillaume Guérin

Enquête interne anticorruption et coopération judiciaire

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête…more

Anti-Corruption, CJIP, France, Internal Controls, Investigations

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Louise Le Guilchet

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

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Ash Gulati

Second Chances? What the Neil Woodford Matter Tells Us about the FCA Fit & Proper Test

Introduction - On 14 February 2021, Neil Woodford (a high-profile investment manager in the UK) announced his intention to launch a new fund management firm operated out of the UK and Jersey. Woodford’s announcement was highly…more

Asset Management, Financial Conduct Authority (FCA), Financial Services Industry, Investment, Investment Funds

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Oliver Haker

Private Equity Valuations: Standards and Recent Developments

Originally published in the American Bar Association's Commercial & Business Litigation: Summer 2012, Vol. 13 No. 4 – Delaware Corporations & Private Equity - August 16, 2012. It has been widely reported that in late…more

Private Equity, Private Equity Funds, Securities and Exchange Commission (SEC), Valuation

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Erik Hanson

USPTO Soliciting Comments on Software Patent Issues

The United States Patent and Trademark Office announced its intent earlier this month to form a “Software Partnership” with the software community in order to enhance the quality of software-related patents (the “Notice”) and,…more

Patents, Software, USPTO

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Tim Harris

Failure to Prevent Fraud: Cohen & Gresser Assesses the Consequences of Imminent UK Corporate Fraud Liability Reform

What is happening? The Economic Crime and Corporate Transparency Bill (the “Bill”) is currently going through the UK Parliament. On 11 April 2023, the Government introduced a draft amendment that will create a new corporate…more

Corporate Fraud, Government Investigations, UK, White Collar Crimes

See all updates »

Loïc Henriot

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

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Christopher M P Jackson

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and…more

Arbitration Agreements, AT&T Mobility, AT&T Mobility v Concepcion, Car Dealerships, Class Action Arbitration Waivers

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Derek Jackson

A Texas Court Strikes Down the FTC’s Non-Compete Rule: What’s Next?

On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas granted a nationwide injunction setting aside the Federal Trade Commission’s (“FTC”) rule banning most non-compete clauses in…more

Antitrust Litigation, Employment Contract, Federal Bans, Federal Trade Commission (FTC), FTC Act

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Dawda Jawara

COVID-19: Will Borrower Defaults Increase?

On 11 March 2020, the Bank of England (the “Bank”) warned of “an economic shock that could prove sharp and large” resulting from the coronavirus outbreak that started in Wuhan, China, at the end of 2019. Presenting a package…more

Bank of England, Borrowers, China, Contract Terms, Coronavirus/COVID-19

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Johannes Jonas

Reduction of the Minimum Number of Shareholders in French Privately Held Stock Corporations

Effective September 12, 2015, the minimum number of shareholders in a French stock corporation (société anonyme or SA) has been reduced from seven to two. This modification is only applicable to privately held SAs, publicly…more

France, Privately Held Corporations, Shareholders, Stock Corporations

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Christine Jordan

Second Circuit Says that Insiders Are Still ‘Standing’ to Enforce Short-Swing Trading Under Section 16(b) of the Exchange Act

On June 24, 2024, the U.S. Court of Appeals for the Second Circuit decided Packer ex rel. 1-800-Flowers.com, Inc. v. Raging Capital Management, LLC, reversing a district court decision that had held that a shareholder plaintiff…more

Article III, Beneficial Owner, Disgorgement, Injury-in-Fact, Securities

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Magalie Jullien

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales…more

Anti-Retaliation Provisions, Corporate Misconduct, Employer Liability Issues, EU, EU Directive

See all updates »

William Kalema

Stoner Cats: Another Example of the SEC Targeting NFTs

On September 13, the U.S. Securities and Exchange Commission settled enforcement proceedings against the maker of the Stoner Cats web series arising from its sale of non-fungible tokens (NFTs), reflecting a significant expansion…more

Blockchain, Cease and Desist Orders, Civil Monetary Penalty, Cryptocurrency, Digital Assets

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Sophia Soejung Kim

CARES Act Offers Relief for Employers

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020, with the goal of offsetting some of the economic consequences of the COVID-19 pandemic. A key part of the legislation is…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Richard Kovalevsky KC

HMRC R&D Fraud Arrests: A New Era for Tax Enforcement?

On 30 October 2024, the Government published its highly anticipated Autumn Budget 2024 (the “Budget”). Among measures promised to “fix the foundations of the economy” is the Government’s commitment to implement “the most…more

Criminal Investigations, Enforcement Actions, Fraud, HMRC, Noncompliance

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Erica Lai

Victory in Supreme Court Title VII Case

A D.C.based C&G team helped secure a victory in the U.S. Supreme Court’s landmark ruling that all workers are protected under Title VII of the 1964 Civil Rights Act regardless of gender identity or sexual orientation. In a …more

Altitude Express Inc v Zarda, Amicus Briefs, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes

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Jeffrey Lang

The SEC Adopts New Rules for SPACs

On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) adopted new rules governing initial public offerings (“IPOs”) of special purpose acquisition companies (“SPACs”) and subsequent combinations between SPACs…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Investors, Securities and Exchange Commission (SEC)

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Franck Le Mentec

Les demandes de brutage fiscal en matière d’arbitrage international d’investissement (Tax Gross-Up Claims in International Arbitration Procedures)

La présentation de demandes de brutage fiscal – ou « tax gross-up » – des indemnités pouvant être réclamées lors d’une procédure d’arbitrage par les parties lésées est essentielle. L’objectif de telles demandes consiste en la…more

Arbitration, Arbitration Awards, Arbitrators, Compensation, Damages

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Sang Min Lee

Proposed Changes in Public Company Auditing Standards

On December 11, 2013, the public comment period will close on two new auditing standards proposed by the Public Company Accounting Oversight Board (PCAOB) to improve the informational value of the auditor’s report. These…more

Audits, Compliance, PCAOB, Reporting Requirements, Securities and Exchange Commission (SEC)

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Winnifred Lewis

SEC Proposes to Amend Beneficial Ownership Reporting Requirements

On February 10, 2022, the SEC adopted a proposal to make significant changes in the rules requiring investors to report their ownership of shares of U.S. publicly traded companies. As recommended by some corporate…more

Beneficial Owner, Comment Period, Proposed Amendments, Publicly-Traded Companies, Reporting Requirements

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David Lisner

FTC Consent Decrees Underscore Skepticism and Scrutiny of Private Equity Firms

Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future…more

Competition, Consent Decrees, Federal Trade Commission (FTC), Private Equity Firms

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Marvin Lowenthal

New York Assembly Passes Anti-Mining Bill

On April 26, 2022, the New York Assembly passed a bill that would place a two-year moratorium on certain cryptocurrency mining operations that use proof-of-work authentication (POW) methods to validate blockchain transactions…more

Bitcoin Mining, Blockchain, Cryptocurrency, Digital Currency, New York

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Alisa Lu

FTC Proposes Enhanced Information in HSR Filing Requirements

On June 27, 2023, the Federal Trade Commission (“FTC”) announced that it is proposing changes to the premerger notification rules that implement the Hart-Scott-Rodino (“HSR”) Act and to the HSR form and instructions (together,…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Pre-Merger Filing Requirements

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Barbara Luse

Increased Scrutiny for the Crypto Industry: DOJ Creates a Special Enforcement Team as Regulators Sharpen their Focus

The cryptocurrency industry should brace itself for increased scrutiny from the DOJ and other enforcement agencies. The DOJ recently announced the creation of a National Cryptocurrency Enforcement Team (“NCET”), which will have…more

Cryptocurrency, Department of Justice (DOJ), Enforcement Actions, Money Laundering, Non-Fungible Tokens (NFTs)

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Daniel Mathias

UK SPAC Update – FCA Final Rules Published

On the 27th of July this year, the UK Financial Conduct Authority (the “FCA”) published a policy statement setting out its final rules and changes to its listing rules for certain special purpose acquisition companies, or…more

Capital Markets, Financial Conduct Authority (FCA), Investment, Investors, Listing Rules

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Melissa Maxman

DOJ’s Health Care Task Force Brings Holistic Approach to Policy and Enforcement

The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry…more

Acquisitions, Antitrust Division, Competition, Department of Justice (DOJ), Enforcement

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Alice Mills

HMRC R&D Fraud Arrests: A New Era for Tax Enforcement?

On 30 October 2024, the Government published its highly anticipated Autumn Budget 2024 (the “Budget”). Among measures promised to “fix the foundations of the economy” is the Government’s commitment to implement “the most…more

Criminal Investigations, Enforcement Actions, Fraud, HMRC, Noncompliance

See all updates »

James Mossetto

UK SPAC Update – FCA Final Rules Published

On the 27th of July this year, the UK Financial Conduct Authority (the “FCA”) published a policy statement setting out its final rules and changes to its listing rules for certain special purpose acquisition companies, or…more

Capital Markets, Financial Conduct Authority (FCA), Investment, Investors, Listing Rules

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Nicole Paschal

We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Andrew Pecoraro

Pulling Back the Curtain: Congress Establishes a Beneficial Ownership Registry for U.S. and Foreign Businesses

On January 1, 2021, Congress overrode President Trump’s veto, passing into law the annual National Defense Authorization Act for Fiscal Year 2021 (“NDAA”)…more

Anti-Money Laundering, Beneficial Owner, Consolidated Appropriations Act (CAA), Financial Crimes, Financial Institutions

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Douglas Pepe

Stoner Cats: Another Example of the SEC Targeting NFTs

On September 13, the U.S. Securities and Exchange Commission settled enforcement proceedings against the maker of the Stoner Cats web series arising from its sale of non-fungible tokens (NFTs), reflecting a significant expansion…more

Blockchain, Cease and Desist Orders, Civil Monetary Penalty, Cryptocurrency, Digital Assets

See all updates »

Matthew Povolny

We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Jumana Rahman

A New Angle on Banks’ Duties to Customers in Fraud Cases: Philipp v Barclays

What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud? Earlier this month, the Court of Appeal overturned…more

Banks, Barclays, Duty of Care, Financial Institutions, Financial Transactions

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Charlotte Ritchie

A New Angle on Banks’ Duties to Customers in Fraud Cases: Philipp v Barclays

What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud? Earlier this month, the Court of Appeal overturned…more

Banks, Barclays, Duty of Care, Financial Institutions, Financial Transactions

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John Roberti

Antitrust Without Effect: Some Recent Case Studies

The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework for…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Bonnie J Roe

Upcoming Changes to Schedule 13G Reporting

So long ago that it may have slipped from memory, the U.S. Securities and Exchange Commission (“SEC”) adopted changes to the regime for reporting beneficial interests in publicly traded equity securities on Schedule 13G. The new…more

Beneficial Owner, Investors, Reporting Requirements, Schedule 13G, Securities

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Lauren Salamon

Illinois Bankruptcy Court Takes First Swing at Applying Force Majeure to Nonperformance Due to COVID-19

With the onset of closures and quarantines early this year due to the spread of COVID-19, businesses across the country were confronted with the issue of how to perform their contractual obligations while they were unable to…more

Breach of Contract, Business Closures, Business Interruption, Commercial Bankruptcy, Contract Terms

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Saruji Sambukumaran

Newsletter sociale - Janvier 2021

Chers clients, chers confrères, chers amis, nous profitons de notre première Newsletter de l’année pour vous présenter nos meilleurs vœux pour cette nouvelle année qui s’annonce encore un peu particulière. L’activité partielle,…more

Compensation, Employees, France, International Labor Laws, Remote Working

See all updates »

Guillaume Seligmann

Navigating the Atlantic with Personal Data

Executive summary - In a repeat move echoing the previous invalidation of the “Safe Harbor”, on 16th July 2020 the Court of Justice of the European Union (“CJEU”) invalidated the “Privacy Shield”, which had allowed the…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Processors, Data Protection, EU

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Eliza Sheridan

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace. They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on that…more

Adverse Employment Action, Best Practices, Confidentiality Policies, Disciplinary Proceedings, Disparagement

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Thomas Shortland

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant…more

Corporate Misconduct, Criminal Investigations, Financial Conduct Authority (FCA), Fraud, Incentives

See all updates »

Mark Spatz

We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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C. Evan Stewart

Yet Another Terrible Decision by the Supreme Court: This Time, Endorsing Eugenics!

Oliver Wendell Holmes wrote and said many famous things during his long and illustrious judicial career. One of my personal favorites is: “The life of the law has not been logic, it has been experience.” As I tell my law…more

Due Process, Equal Protection, Genetic Discrimination, Legal History, SCOTUS

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Daniel Tabak

Second Circuit Says that Insiders Are Still ‘Standing’ to Enforce Short-Swing Trading Under Section 16(b) of the Exchange Act

On June 24, 2024, the U.S. Court of Appeals for the Second Circuit decided Packer ex rel. 1-800-Flowers.com, Inc. v. Raging Capital Management, LLC, reversing a district court decision that had held that a shareholder plaintiff…more

Article III, Beneficial Owner, Disgorgement, Injury-in-Fact, Securities

See all updates »

Alexandra Theobald

COVID, Crypto, and Kleptocrats: Current Justice Department Enforcement Initiatives

The Department of Justice (DOJ) has recently signaled a renewed focus on enforcement, and its priorities are being driven by world events. In the past few months, the DOJ has announced new task forces and more resources to…more

Coronavirus/COVID-19, Cryptocurrency, Department of Justice (DOJ), Enforcement, Enforcement Priorities

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Scott Thomson

Apple Found Liable of Conspiracy to Fix Prices in E-books Case

On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon…more

Apple, Conspiracies, e-Books, Price-Fixing, Publishers

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Alexandra Wald

Second Circuit Decision Finds Transformative Use Does Not Require Comment

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original artist…more

Copyright, Fair Use, Photographs, Transformativeness

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Ronald Wick

Antitrust Without Effect: Some Recent Case Studies

The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework for…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

Myia Williams

Upcoming Changes to Schedule 13G Reporting

So long ago that it may have slipped from memory, the U.S. Securities and Exchange Commission (“SEC”) adopted changes to the regime for reporting beneficial interests in publicly traded equity securities on Schedule 13G. The new…more

Beneficial Owner, Investors, Reporting Requirements, Schedule 13G, Securities

See all updates »

Pierre Wolman

Enquête interne anticorruption et coopération judiciaire

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête…more

Anti-Corruption, CJIP, France, Internal Controls, Investigations

See all updates »

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