Jan 31, 2021 Troubling signs from recent M&A case law: Forgetful gatekeepers, targeted executives, and poor record building By Ethan Klingsberg Victor Ma Have we forgotten the lessons of the Delaware cases that arose from the heyday of big-ticket LBOs by private equity preceding the...
Jan 30, 2021 Risk Factor Disclosures for the Recovery Era By Valerie Ford Jacob Doru Gavril Sarah Solum Drew Liming +1 more... Show less You Mastered the COVID-19 Risk Disclosures; But Are You Ready for the Recovery? It’s early 2021. With a new year comes a new Form 10-K. ...
Jan 29, 2021 The 2021 ICC Rules: reflections on key changes and the ICC Secretariat’s guidance note By Amy Tan Ketevan Betaneli The new ICC Rules of Arbitration (2021 Rules) came into effect on 1 January 2021, accompanied by an updated version of the ICC...
Jan 26, 2021 Trading on a hack By Kimberly Zelnick Menachem Kaplan Peter Jaffe For several years, we’ve had data showing the typical behavior of a data breach victim’s stock when the company discloses an incident:...
Jan 26, 2021 AML Update: Key Takeaways from FinCEN’s Recent Capital One Enforcement Action By Olivia Radin Jane Peng Alessandra Scalise On January 15, 2021, the Financial Crimes Enforcement Network (FinCEN) announced that Capital One, National Association (CONA) agreed to...
Jan 21, 2021 New US rules target use of Chinese IT and communications goods and services By Aimen Mir Christine Laciak Colin Costello The U.S. Department of Commerce (“Commerce”) published proposed rules (“the Rule”), that, if finalized on 22 March, will authorize...
Jan 20, 2021 Oceans Apart? Mass Privacy Litigation in the US and Europe By Peter Jaffe Julie Elmer Sarah Houston Much has been made of the “Brussels Effect”: countries all over the world seem to be following the EU’s lead in enacting comprehensive...
Jan 20, 2021 Shifting AML Compliance Stateside: Does the NDAA Require Regulated Institutions to Conduct All Compliance Operations in the United States? By Kimberly Zelnick Mark Goldberg Hannah Khalifeh As we discussed in our recent client alert, this year’s National Defense Authorization Act (NDAA) represents the most significant change...
Jan 18, 2021 What Multinational and US Businesses Need to Know about China’s New Blocking Rules By Kimberly Zelnick Timothy Harkness Nabeel Yousef Noah Lipkowitz Altin Sila +2 more... Show less On January 9, China’s Ministry of Commerce (MOFCOM) issued Rules on Counteracting Unjustified Extraterritorial Application of Foreign...
Jan 15, 2021 Freshfields Team Authors Anti-Corruption Practice Guide By Eric Bruce Mark Goldberg Andrew Bulovsky Despite the COVID-19 pandemic, US and foreign enforcement authorities spent 2020 obtaining record-setting anti-bribery and corruption...
Jan 12, 2021 A Shift in Antitrust Enforcement of HR-Related Conduct Spurred Criminal Indictments of an Individual in December 2020 and a Company in January 2021 By Bruce McCulloch Meredith Mommers Daphne Lin While the U.S. antitrust agencies had historically brought civil enforcement actions against anticompetitive agreements pertaining to...
Jan 11, 2021 2020 De-SPAC Debrief By Michael Levitt Valerie Ford Jacob Sebastian Fain Pamela Marcogliese Paul Tiger Andrea Basham +3 more... Show less We’re pleased to announce Freshfields’ 2020 De-SPAC Debrief: A comprehensive review of all de-SPAC transactions that closed in 2020. 2020...