Troubling signs from recent M&A case law: Forgetful gatekeepers, targeted executives, and poor record building
Have we forgotten the lessons of the Delaware cases that arose from the heyday of big-ticket LBOs by private equity preceding the...
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Expert views and insights from our team on the latest developments in the industry.
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A Fresh Take Archive
Risk Factor Disclosures for the Recovery Era
It’s early 2021. With a new year comes a new Form 10-K. Among other things, your outside counsel is (hopefully) asking you to...
The 2021 ICC Rules: reflections on key changes and the ICC Secretariat’s guidance note
The new ICC Rules of Arbitration (2021 Rules) came into effect on 1 January 2021, accompanied by an updated version of the ICC...
Trading on a hack
For several years, we’ve had data showing the typical behavior of a data breach victim’s stock when the company discloses an...
AML Update: Key Takeaways from FinCEN’s Recent Capital One Enforcement Action
On January 15, 2021, the Financial Crimes Enforcement Network (FinCEN) announced that Capital One, National Association (CONA) agreed to...
New US rules target use of Chinese IT and communications goods and services
The U.S. Department of Commerce (“Commerce”) published proposed rules (“the Rule”), that, if finalized on 22 March, will authorize...
Oceans Apart? Mass Privacy Litigation in the US and Europe
Much has been made of the “Brussels Effect”: countries all over the world seem to be following the EU’s lead in enacting comprehensive...
Shifting AML Compliance Stateside: Does the NDAA Require Regulated Institutions to Conduct All Compliance Operations in the United States?
As we discussed in our recent client alert, this year’s National Defense Authorization Act (NDAA) represents the most significant...
What Multinational and US Businesses Need to Know about China’s New Blocking Rules
On January 9, China’s Ministry of Commerce (MOFCOM) issued Rules on Counteracting Unjustified Extraterritorial Application of Foreign...
Freshfields Team Authors Anti-Corruption Practice Guide
Despite the COVID-19 pandemic, US and foreign enforcement authorities spent 2020 obtaining record-setting anti-bribery and corruption...
A Shift in Antitrust Enforcement of HR-Related Conduct Spurred Criminal Indictments of an Individual in December 2020 and a Company in January 2021
While the U.S. antitrust agencies had historically brought civil enforcement actions against anticompetitive agreements pertaining to...
2020 De-SPAC Debrief
With an eye to the future, we reviewed all 64 SPAC business combinations that closed in 2020, and have compiled a statistical summary of...
New US Law Imposes Significant New Obligations on “Beneficial Owners” of Certain Reporting Companies
This year’s National Defense Authorization Act (NDAA), which passed over President Trump’s veto on New Year’s Day, requires the US...
Denting Dirty Dollar-Clearing: US Court of Appeals Upholds Money-Laundering Convictions Based on the Use of US Correspondent Banking Accounts
On December 29, 2020, the U.S. Court of Appeals for the Second Circuit issued an important decision in United States v. Patrick Ho,...
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