Under the new Securities and Exchange Commission (SEC) rules that will be effective from December 18, 2023, companies face a new challenge of making real-time materiality determinations following a cybersecurity incident. This comes with the introduction of the 8-K reporting obligations for “material” cybersecurity incidents. The SEC has stressed that this new Item 1.05 reporting…
In many nations, provident funds play a critical role in ensuring the financial stability of individuals post-retirement. These government-administered retirement funds were primarily developed to act as a form of “social protection” in an attempt to fight poverty at the time of retirement. The idea was a response to many social programs at the time,…
California Governor Gavin Newsom made a considerable move pertaining to gun control on Tuesday when he signed more than 20 bills into law related to firearms. The laws encompass a multitude of areas including an increase in taxes, requirements for gun dealers, waiting periods, criminal penalties, and a prohibition on certain individuals from owning firearms….
As we approach the end of 2023, focus shifts toward the United Arab Emirates (UAE), which is set to host the Conference of the Parties (COP) – the decision-making authority tasked with monitoring and reviewing the implementation of the United Nations Framework Convention on Climate Change (UNFCCC). The UAE COP 28 promises to be a…
In the context of today’s dynamic private equity landscape, a fresh perspective presented by emerging managers could serve as a source of invigoration and innovation. One person standing at the forefront is Wendi McGowan-Ellis, of Cassandra Capital. As part of our ongoing coverage of the legal aspects of finance and investment, this article highlights her…
In a recent development, the Internal Revenue Service (IRS) has published guidance regarding the taxation rules applicable to software development and research expenses. The movement hopes to clarify and streamline the proceedings in the backdrop of the Tax Cuts and Jobs Act of 2017 (TCJA) which largely altered the tax treatment of specified research and…
In recent legal events, an interesting issue of discovery has unravelled around the topic of expunged criminal records and their influence in an overlapping civil lawsuit. The primary matter of discussion is based around In re Expungement Petition of Francis A., 2023 WL 5948060, a previously unreported case handled by the Appellate Court of Maryland…
In a bid to continually shape its sustainable finance regulations, the European Commission has begun a consultation on the Sustainable Finance Disclosure Regulation (SFDR), established in 2021. Disseminated by Latham & Watkins LLP through JD Supra, this development indicates a thoughtful analysis of the Union’s environmentally-conscious financial policies aiming to proactively address any discovered inefficiencies…
AI is increasingly a dominant focus in the legal technology conversation. As evidence of this, recent legal technology forums turned swiftly to discussions about how generative AI tools could be applied within the field of electronic discovery (eDiscovery). Highlighting this trend, the announcement of aiR for Review by Relativity during their keynote at the latest…
In an honourable bid to ensure regulation, the Small Business Administration (SBA) has decided to tighten its grip on HUBZone regulations. The move has significant impacts on the government contractors that maintain or seek HUBZone certification. Contractors must now be aware of SBA’s increased efforts to enforce both new and existing rules surrounding the HUBZone…
When it comes to understanding the First Amendment, it appears most Americans, even judges such as Amy Coney Barrett, struggle to grasp its parameters and implications. It’s an issue that continues to have significant effects on modern jurisprudence, on levels both prominent, like the Supreme Court, and less so. Moreover, the theme of sexual harassment…
As the legal world turns its gaze towards the ongoing litigation between REGENXBIO Inc. and Sarepta Therapeutics, the latest developments come in the form of a scheduling order issued by the courts. This order comes after a claim, filed in Delaware in June 2023, by both REGENXBIO Inc. and the Trustees of the University of…
In the rapidly changing landscape of employment law in the U.S., companies making use of noncompete agreements should ceaselessly assess their practices. Recent shifts in legal infrastructure reveal a growing hostility towards these agreements, which may signal their slow extinction.JDSupra reports. Noncompete agreements, a common feature of many employment contracts, restrict employees from working for…
In a significant move, the German Federal Court of Justice (FCJ) recently bolstered minimum offer price rules under the German Securities Acquisitions and Takeover Act. This has been evidenced by two separate judgments, case numbers II ZR 219/21 and II ZR 220/21. In these judgments, the court awarded payment claims to former shareholders of a…
Ironing out the potential consequences of a government shutdown, Gary Gensler, Agency Chair of the U.S. Securities and Exchange Commission (SEC), made it clear to Congress on Wednesday that severe staffing issues may delay companies from going public and cause whistleblower complaints to fall by the wayside. Following his statements, it is evident that the…
In an effort to hone our perspective towards risk mitigation relating to the Anti-Kickback Statute, it would serve us well to take a closer look at the OIG (Office of Inspector General) Advisory Opinion 23-05. Though the primary focus of this opinion heavily addresses the Requestor’s proposed arrangements as disfavored, owing to the elements of…
On September 21, 2023, the Federal Trade Commission (FTC) initiated a monopolization lawsuit against US Anesthesia Partners (USAP) and private equity firm Welsh, Carson, Anderson and Stowe (WC). This lawsuit, filed in the U.S. District Court for the Southern District of Texas, alleges unlawful monopolization of the anesthesiology market via roll-up acquisitions. USAP is a…
In a significant ruling, the German Federal Court of Justice (FCJ) has clarified the stance on authorized capital purposes. The resolution, titled Reference II ZR 141/21 and dated May 23, 2023, determines that annual general meeting authorization on the use of authorized capital can also provide an authorization to exclude subscription rights, without necessarily expressing…
In the legal world, particularly contract law, the term ‘standard’ often incites a sense of security, predictability, and familiarity. Yet, an article recently published on JD Supra rightly advises industry professionals to be wary of ‘standard’ contract terms cautioning that ‘nothing is ‘standard’. The concern lies within the scenario where developers, designers, contractors and other…
In a recent development that might significantly affect commercial and multifamily residential property owners throughout Colorado, an introduction of new energy reduction mandates is coming into play. These policies, coupled with their associated costs and deadlines, could potentially put extra strain on Colorado’s already strained real estate industry. This report highlights the emerging risks and…
The evolution of Environmental, Social and Governance (ESG) matters sees continual legal and regulatory development, prompting institutions worldwide to keep pace. Legal professionals serving global corporations and leading law firms may appreciate some insights taken from Katten ESG Guidepost’s sixth issue. This discussion will focus primarily on the latest legal developments surrounding ESG matters. The…
When it comes to the intersection of betting and regulation, recent decisions from the Commodity Futures Trading Commission (CFTC) are offering plenty to ponder over. As highlighted in a piece penned by Suzanne Cosgrove, an emerging regulatory narrative surrounds the prohibition of what are referred to as Congressional Control Contracts. The CFTC, primarily responsible for…
In a recent decision, the United Kingdom Supreme Court illustrated a crucial clarification concerning the power of English courts under Section 9 of the Arbitration Act 1996. According to the said act, judicial proceedings can be stayed if they subject to an arbitration agreement. This article from Shearman & Sterling LLP elucidates the specifics of…
In a recent ruling in California, corporations who fail to pay their arbitration fees in a timely manner may end up forfeiting their right to arbitration altogether. The regulations surrounding arbitration agreements and their ensuing processes were navigated thoroughly in an article posted on JD Supra. The piece, which dives into the nuances of arbitration…
In an effort to bolster safety in the workplace, recent legislative revisions mandate the enforcement of The Public Employer Workplace Violence Prevention Act (The Act). This legislation, which requires public employers to implement effective workplace violence prevention policies, has now been expanded to encompass school districts and BOCES (Boards of Cooperative Educational Services). As per…