Sep 28, 2020 Part II: Section 230 and Proposals for Revision – Some Critical Commentary on Executive Branch Updates By Jillian Simons Menachem Kaplan Peter Jaffe Xanthia Hargreaves +1 more... Show less Yesterday we reviewed the history of Section 230, which has provided online platforms safe harbor from liability over content posted by...
Sep 25, 2020 Part I: The History and Evolution of Section 230 By Jillian Simons Peter Jaffe Menachem Kaplan Xanthia Hargreaves +1 more... Show less “Section 230” is a buzz word of late—heard on the Hill, on Pennsylvania Avenue, and now in the (virtual) board rooms of companies that...
Sep 24, 2020 Delaware Court holds anti-assignment clause prevents enforcement of contract after merger By Sebastian Fain Doru Gavril Drew Liming On September 16, 2020, the Superior Court of Delaware issued an order with potential implications for companies contemplating...
Sep 23, 2020 Protecting against mistreatment by foreign governments: TikTok and the world of investment treaties By Elliot Friedman Thomas Walsh Sofia Klot Tim Chen +1 more... Show less The technology sector is increasingly in the crosshairs of foreign and domestic regulators. As is well known, the Trump administration...
Sep 17, 2020 Are we being too hard on HAL? Some thoughts on the legal need for "explainable" artificial intelligence. By Peter Jaffe Do we really need to psychoanalyze robots? The conventional wisdom is that we do. As artificial intelligence plays a bigger role in our...
Sep 14, 2020 The best defense is no offense: The CFTC’s new compliance guidance By Mark Goldberg Kimberly Zelnick On September 10, 2020, James McDonald, Director of Enforcement at the US Commodity Futures Trading Commission (CFTC) issued the agency’s...
Sep 10, 2020 MarketWatch op-ed: If the SEC changes this disclosure rule, the hardest part of being a company director will get even harder By Ethan Klingsberg Elizabeth Bieber Building on the constructive discussions that senior personnel from the top institutional holders of public companies had with over 150...
Sep 05, 2020 Get thee to Federal Court: California court enforces federal forum provision for IPO securities lawsuits By Boris Feldman Doru Gavril Pamela Marcogliese Meredith Kotler Mary Eaton +2 more... Show less On September 1, 2020, the California Superior Court, San Mateo County, granted a motion to dismiss a putative securities class action...
Sep 04, 2020 Diversity in boardrooms continues to gain momentum By Sarah Solum Pamela Marcogliese Doru Gavril Maj Vaseghi +1 more... Show less California Governor approves mandatory board diversity requirements beyond gender diversity Note: This post has been updated as of...
Sep 03, 2020 Qualcomm scores a win in the Ninth Circuit - will the FTC stay in the ring? By Justin Stewart-Teitelbaum Elizabeth Suarez Kaylynn Noethlich Last month, a Ninth Circuit panel unanimously reversed the US Federal Trade Commission’s (FTC) win in district court, finding that...
Sep 03, 2020 Council of Institutional Investors (CII) sours on primary direct listings By Boris Feldman Sarah Solum Pamela Marcogliese Doru Gavril +1 more... Show less The Council of Institutional Investors (CII), a group that represents a large group of institutional investors, has taken steps to block...
Sep 01, 2020 Direct listings now available for fresh capital raises: Line between traditional IPOs and direct listings now blurring By Sarah Solum Pamela Marcogliese A major difference between a traditional IPO and a direct listing was removed last week with the SEC’s approval on August 26 of a new...