Part II: Section 230 and Proposals for Revision – Some Critical Commentary on Executive Branch Updates
Yesterday we reviewed the history of Section 230, which has provided online platforms safe harbor from liability over content posted by...
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Part I: The History and Evolution of Section 230
“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...
Delaware Court holds anti-assignment clause prevents enforcement of contract after merger
On September 16, 2020, the Superior Court of Delaware issued an order with potential implications for companies contemplating...
Protecting against mistreatment by foreign governments: TikTok and the world of investment treaties
The technology sector is increasingly in the crosshairs of foreign and domestic regulators. As is well known, the Trump administration...
Are we being too hard on HAL? Some thoughts on the legal need for "explainable" artificial intelligence.
Do we really need to psychoanalyze robots? The conventional wisdom is that we do. As artificial intelligence plays a bigger role in our...
The best defense is no offense: The CFTC’s new compliance guidance
On September 10, 2020, James McDonald, Director of Enforcement at the US Commodity Futures Trading Commission (CFTC) issued the agency’s...
MarketWatch op-ed: If the SEC changes this disclosure rule, the hardest part of being a company director will get even harder
Building on the constructive discussions that senior personnel from the top institutional holders of public companies had with over 150...
Get thee to Federal Court: California court enforces federal forum provision for IPO securities lawsuits
On September 1, 2020, the California Superior Court, San Mateo County, granted a motion to dismiss a putative securities class action...
Diversity in boardrooms continues to gain momentum
Note: This post has been updated as of October 1, 2020 to reflect California Governor Newsom having signed Assembly Bill 979 into law.
On...
Qualcomm scores a win in the Ninth Circuit - will the FTC stay in the ring?
Last month, a Ninth Circuit panel unanimously reversed the US Federal Trade Commission’s (FTC) win in district court, finding that...
Council of Institutional Investors (CII) sours on primary direct listings
The Council of Institutional Investors (CII), a group that represents a large group of institutional investors, has taken steps to block...
Direct listings now available for fresh capital raises: Line between traditional IPOs and direct listings now blurring
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...
Experiencing distress: M&A opportunities and challenges in the COVID era
Following the global implementation of stay-at-home orders in response to the novel coronavirus, businesses suffered unprecedented...
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