Dec 05, 2023 The Curious Case of Crossover Witnesses in Post-M&A Arbitration By Carsten Wendler Eric Leikin Stuti Gadodia Introduction A crucial aspect of any M&A deal is the transfer of employees along with the Target company. This is key to maintain...
Dec 04, 2023 FSOC Issues Framework and Guidance on Process and Standards for Nonbank “Systemically Important Financial Institution” Designation By David Sewell Brian Rance Jerome Ranawake Timothy Clark Francesca Loreto Ross Weiser +3 more... Show less On November 3, 2023, the Financial Stability Oversight Council (the FSOC) published two documents that clarify how the FSOC interprets...
Nov 29, 2023 The California Privacy Protection Agency Releases a First Draft of Automated Decisionmaking Opt-Out and Access Regulations By Christine Lyon Christine Chong The California Privacy Protection Agency (CPPA) has been steadily making strides to progress rulemaking under the California Consumer...
Nov 20, 2023 California Adopts “Climate Accountability Package” By Elizabeth Bieber Juliane Hilf Vanessa Jakovich Teresa Ko Pamela Marcogliese Sascha Arnold Sam Houshower Marlen Vesper-Gräske Charlotte Aspin Ian Good Prince Kudolo +8 more... Show less California's new "Climate Accountability Package" is set to expedite the timeline for U.S., and possibly global, emissions and...
Nov 09, 2023 DFS Expands Scope of Cybersecurity Regulations By Timothy Howard Brock Dahl Beth George David Sewell Charlie Carroll +2 more... Show less Last week, amendments to the New York Department of Financial Services (“DFS”) cybersecurity regulations took effect. Codified at 23...
Nov 08, 2023 Changing Seasons: SEC's SolarWinds Complaint Demonstrates Regulator's Aggressive Enforcement on Cybersecurity By Brock Dahl Timothy Howard Pamela Marcogliese Elizabeth Bieber Beth George Mark Appleton +3 more... Show less Introduction Recently, the Securities and Exchange Commission (“SEC”) filed a complaint in the Southern District of New York against the...
Nov 03, 2023 UPDATE: US Appeals Court Holds SEC acted "arbitrarily and capriciously" in adopting share repurchase disclosure rules, grants agency 30 days to remedy By Pamela Marcogliese Taryn Zucker Aashim Usgaonkar On Tuesday, October 31, 2023, the United States Court of Appeals for the Fifth Circuit held that the SEC acted “arbitrarily and...
Nov 02, 2023 M&A Earnout Provisions: Recent Trends in US Law and How to Draft Your Clause to Avoid Disputes By Linda Martin Oliver Board Maria Slobodchikova Christian Vandergeest Kaitie Holland +2 more... Show less What was old is new again: earnout litigation is once again on the rise. Earnout clauses are an increasingly common feature of M&A deals...
Nov 01, 2023 Regulatory capital, liquidity and resolution planning for banks: recent developments and cross-border perspectives By David Sewell Mac Mackenzie Janina Heinz Matthew O'Callaghan Christopher Bernard +2 more... Show less Following the failure of Silicon Valley Bank (SVB) and several other U.S. small and mid-sized banks in March 2023, U.S. regulators have...
Oct 23, 2023 US Appeals Court Upholds Nasdaq Board Diversity Rule … For Now By Sarah Solum Pamela Marcogliese Elizabeth Bieber Taryn Zucker Kimberly Wang +2 more... Show less On Wednesday, the United States Court of Appeals for the Fifth Circuit upheld Nasdaq’s board diversity rule, which encourages greater...
Oct 23, 2023 FTC Files Against Third Party to Force CID Compliance By Jamillia Ferris Justina Sessions Kara King On October 20, 2023, the Federal Trade Commission filed a petition asking a federal court to compel Total Wine to comply with an FTC...
Oct 18, 2023 California’s Delete Act Could Be Next Frontier Beyond CCPA By Christine Lyon Jackson Myers Freshfields’ Christine Lyon and Jackson Myers analyze California’s newly signed Delete Act and how it could affect state residents’...