Author Info for Quinn Emanuel

Deepa Acharya

Congress Close to Boosting the U.S. Green Technology Sector

On June 8, 2021, the Senate passed the U.S. Innovation and Competition Act (“USICA”), an expansive, $250 billion bill, aimed at maintaining America’s position as a global science, technology, and manufacturing leader. Organized… more

Clean Energy, Department of Energy (DOE), Environmental Protection Agency (EPA), Innovation, National Science Foundation

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Blair Adams

Settlement of Credit Default Swaps Referencing Russian Federation Bonds: Issues and Uncertainty

On June 1, 2022, the Credit Derivatives Determinations Committee announced that Russia’s failure to pay approximately $1.9 million in interest that had accrued between the maturity date of Russia’s ten-year bonds on April 4,… more

Bonds, Credit Default Swaps, Derivatives, ISDA, ISDA Master Agreement

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Casey Adams

Discovery Update

The Commercial Division of the Supreme Court of New York continues to innovate in the discovery arena with new steps to streamline the process and reduce the burden on commercial defendants. The Commercial Division discovery… more

Discovery, Document Productions, Electronically Stored Information, Privilege Logs

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Anthony Alden

Congress Close to Boosting the U.S. Green Technology Sector

On June 8, 2021, the Senate passed the U.S. Innovation and Competition Act (“USICA”), an expansive, $250 billion bill, aimed at maintaining America’s position as a global science, technology, and manufacturing leader. Organized… more

Clean Energy, Department of Energy (DOE), Environmental Protection Agency (EPA), Innovation, National Science Foundation

See all updates »

Jeremy Andersen

Transitioning Away from LIBOR: A Constantly Shifting Landscape

I. What’s the issue? The London Interbank Offered Rate (“LIBOR”) is the most widely used interest rate benchmark in the world, referenced in some $373 trillion notional value of financial transactions of all types. But in… more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor

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Korinna Anderson

Energy Producers Score Big Win in New York Climate Change Case

In a significant victory for fossil fuel companies, on April 1, 2021, the Second Circuit Court of Appeals affirmed the dismissal of New York City’s claims against five multinational oil companies, holding that municipalities may… more

Clean Air Act, Climate Change, Fossil Fuel, Global Warming, Greenhouse Gas Emissions

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Rafe Andrews

US Outlook - Top Questions For Businesses Concerned About COVID-19 And Price Gouging

The COVID-19 epidemic has led to panic buying, including the alarming image of empty shelves at local grocery stores and supermarkets. There has been a surging demand, and a corresponding depressed supply, for certain products… more

Coronavirus/COVID-19, Goods or Services, Price Gouging

See all updates »

Leonidas Angelakos

Protecting Cannabis Trademarks in Anticipation of Federal Legalization

As more states legalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Intellectual Property Protection, Marijuana, Marijuana Related Businesses

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David Armillei

Private Data Breach Litigation Comes of Age

I. Overview - Data breaches are every day occurrences and major high profile breaches are becoming more common. In the past three years, industry-leading companies such as Microsoft (250 million records, December 2019),… more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Rollo Baker IV

US Outlook: Top Questions About Commercial Leases & Rent Obligations Amid Coronavirus Outbreak

Recent press reports have highlighted the profound economic impact COVID-19 is having on companies both large and small around the United States—and the ramifications on commercial leases. Across the country, state and local… more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Force Majeure Clause

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Jennifer Barrett

Private Data Breach Litigation Comes of Age

I. Overview - Data breaches are every day occurrences and major high profile breaches are becoming more common. In the past three years, industry-leading companies such as Microsoft (250 million records, December 2019),… more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Will Bartlett

The ‘Fraud is Not Enough’ – English law raises the bar for proving reliance in misrepresentation claims

I. Introduction - What level of awareness is required to be in a person’s mind when being induced by another to rely on an implied fraudulent representation? According to the English High Court, which recently had to answer… more

Appeals, Banks, Fraud, Interest Rates, Libor

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Robert Becher

Navigating CBD Labeling Litigation Risk Under California and Federal Law

Earlier this month, California’s new labeling requirements for CBD products went into effect under Assembly Bill 45 (“AB 45”), which legalized the addition of hemp-derived CBD to food, beverages, dietary supplements, and… more

Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Dietary Supplements, Hemp

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Lucas Bento

Supreme Court Significantly Curtails Applicability of Section 1782 to International Arbitration

In 1964, Congress amended 28 U.S.C. § 1782(a) to permit district courts to order the production of certain evidence “for use in a foreign or international tribunal.” While Congress unquestionably intended in 1964 to broaden the… more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Tribunals, International Arbitration

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Jesse Bernstein

Coronavirus Implications For Securities Litigation

The coronavirus disease known as COVID-19 and a related oil price war have delivered a one-two punch to global markets, sending stocks plunging in the largest point fall ever for major indices. As of March 27, 2020, the Dow… more

Coronavirus/COVID-19, Infectious Diseases, Securities Litigation

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Julia Beskin

Discovery Update

The Commercial Division of the Supreme Court of New York continues to innovate in the discovery arena with new steps to streamline the process and reduce the burden on commercial defendants. The Commercial Division discovery… more

Discovery, Document Productions, Electronically Stored Information, Privilege Logs

See all updates »

Kathryn Bonacorsi

“Hell Or High Water” Clauses in Merger & Acquisition Agreements

In the M&A context, “hell or high water” clauses are often negotiated where obtaining antitrust or regulatory approval is a condition precedent to closing the deal. Such provisions may require one or both parties to take “all… more

Acquisition Agreements, Acquisitions, Contract Termination, Merger Agreements, Mergers

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Mike Bonanno

Federal Court Sets Aside Civil Investigative Demand

On January 25, 2023, Quinn Emanuel obtained a Court order setting aside in full a Civil Investigative Demand that DOJ’s Antitrust Division had issued to the National Association of REALTORS®. The Court’s order bars the Division… more

Antitrust Division, Civil Investigation Demand, Department of Justice (DOJ), Investigations

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James Bremen

COVID-19: enhanced powers granted to courts determining Saudi-law breach of contract claims

In late December 2020, the General Panel of the Saudi Supreme Court, the highest judiciary authority in the Kingdom of Saudi Arabia, issued a ruling addressing the impact of the coronavirus pandemic on contractual obligations… more

Breach of Contract, Contract Termination, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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Daniel Brockett

Transitioning Away from LIBOR: A Constantly Shifting Landscape

I. What’s the issue? The London Interbank Offered Rate (“LIBOR”) is the most widely used interest rate benchmark in the world, referenced in some $373 trillion notional value of financial transactions of all types. But in… more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor

See all updates »

Boris Bronfentrinker

Transitioning Away from LIBOR: A Constantly Shifting Landscape

I. What’s the issue? The London Interbank Offered Rate (“LIBOR”) is the most widely used interest rate benchmark in the world, referenced in some $373 trillion notional value of financial transactions of all types. But in… more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor

See all updates »

Stephen Broome

Private Data Breach Litigation Comes of Age

I. Overview - Data breaches are every day occurrences and major high profile breaches are becoming more common. In the past three years, industry-leading companies such as Microsoft (250 million records, December 2019),… more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

See all updates »

Jonathan Bunge

US Outlook: Top Questions About Margin Calls

Market volatility may lead brokers to issue margin calls[i] to investors—i.e., demands of cash or additional collateral from investors trading on margin. Investors may feel such margin calls are unjustified or may disagree with… more

Brokers, Financial Industry Regulatory Authority (FINRA), Investors, Margin Calls, Securities and Exchange Commission (SEC)

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Matthew Bunting

"The Tale of a Failed Preclusion Attempt"

Prior LCIA arbitration award is found not to bind Quinn Emanuel’s client in ongoing Commercial Court proceedings - I. Introduction - In an important judgment handed down on 11 April (available here), Mr Justice Foxton,… more

Arbitration, Arbitration Agreements, Arbitration Awards, Banks, LCIA

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William Burck

Federal Court Sets Aside Civil Investigative Demand

On January 25, 2023, Quinn Emanuel obtained a Court order setting aside in full a Civil Investigative Demand that DOJ’s Antitrust Division had issued to the National Association of REALTORS®. The Court’s order bars the Division… more

Antitrust Division, Civil Investigation Demand, Department of Justice (DOJ), Investigations

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Jane Byrne

US Outlook: Insurance Coverage Questions Amid COVID-19 Outbreak

The COVID-19 crisis presents a number of novel issues that policyholders and insurers will face in the coming months. As COVID-19 has spread around the world, businesses are facing significant disruptions to their operations and… more

Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Terms

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Diane Cafferata

CMBS Disputes On The Horizon? - April 2021

The pandemic has justifiably renewed concerns about the fragility of the CMBS market and the possibility of a new, commercial, mortgage crisis. While government support, fiscal stimulus and short-term debt relief have… more

Borrowers, CMBS, Coronavirus/COVID-19, Economic Downturn, Financial Crisis

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Amy Candido

“Reasonable Measures” To Protect Trade Secrets At Risk With Employees Working-From-Home Amid Covid-19 Crisis

Millions of employees across the United States have abruptly transitioned to working-from-home, many for the first time, as a result of widespread efforts to stop the spread of the coronavirus. Employers must be cognizant of the… more

Coronavirus/COVID-19, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets

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Brian Cannon

Ninth Circuit Decision on Arbitrability of Statutory Employment Claims

Arbitration clauses are extremely common in employment contracts. But, despite the Supreme Court’s consistent pronouncements that arbitration agreements should be treated like any other contract, issues have lingered in the… more

Arbitration, Arbitration Agreements, Employment Contract, Motion to Compel

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Michael Carlinsky

January 2020 Brazil Practice Newsletter

Section 1782 Victory: Foreign Parties Can Use U.S. Court To Obtain Documents Located Abroad - Since 1964, an American federal statute—28 U.S.C. § 1782—has empowered the United States courts to permit discovery from persons… more

28 U.S.C. § 1782, Brazil, Choice-of-Law, Discovery, Foreign Jurisdictions

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Brendan Carroll

Regulators Create Headwinds for SPACs

The well-documented wave of Special Purpose Acquisition Companies (“SPAC” or “SPACs”) that lasted throughout 2020 and the first quarter of 2021 has started to show the first signs of retreat. Two major statements from SEC… more

Initial Public Offering (IPO), PSLRA, Publicly-Traded Companies, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Kimberly Carson

U.S. Outlook: Top Questions About Civil Litigation Amid Coronavirus Outbreak

The coronavirus (“COVID-19”) pandemic has presented novel challenges to civil litigation. Courts across the country are struggling to balance the demands of justice and public health. Consistent with government guidance on… more

Coronavirus/COVID-19, Court Closures, Court Schedules, Infectious Diseases

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Chintan Chandrachud

Taxing Times - A COVID-19 Tax Update as of April 7, 2020

During these difficult times, government authorities in the United States and the United Kingdom are taking extraordinary measures aimed at curbing the economic impact of the COVID-19 pandemic. While the world is in lockdown,… more

CARES Act, Coronavirus/COVID-19, HMRC, IRS, Net Operating Losses

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Nicola Chesaites

A “Hard Brexit” for Commercial Litigators, and the “Brave New World” of Civil Procedure

On 24 December 2020, the EU and the UK finally reached agreement on the terms of the “EU-UK Trade and Cooperation Agreement” (the “Brexit Agreement”). Its 1200 plus pages do not contain much that need detain litigators as it is… more

Choice-of-Law, Commercial Litigation, Evidence, UK, UK Brexit

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Sarah Heaton Concannon

SEC Division of Examinations’ 2023 Priorities

The SEC’s Division of Examinations (the “Division” or “EXAMS”) recently published its annual examination priorities for 2023. The Examination Priorities memorandum sets out key areas the staff will focus on during its… more

Broker-Dealer, Cryptoassets, Environmental Social & Governance (ESG), Fiduciary Duty, FinTech

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Jomaire Crawford

Protecting Cannabis Trademarks in Anticipation of Federal Legalization

As more states legalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Intellectual Property Protection, Marijuana, Marijuana Related Businesses

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Ben Dach

Another Federal Court Abstains From Hearing A Cannabis Dispute

In Left Coast Ventures, Inc. v. Bill's Nursery Inc., et al., No. C19-1297 MJP, 2019 U.S. Dist. LEXIS 210736 (W.D. Wash. Dec. 6, 2019), the United States District Court for the Western District of Washington abstained from… more

Contract Disputes, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Anna Deknatel

“Hell Or High Water” Clauses in Merger & Acquisition Agreements

In the M&A context, “hell or high water” clauses are often negotiated where obtaining antitrust or regulatory approval is a condition precedent to closing the deal. Such provisions may require one or both parties to take “all… more

Acquisition Agreements, Acquisitions, Contract Termination, Merger Agreements, Mergers

See all updates »

Diane Doolittle

Ninth Circuit Decision on Arbitrability of Statutory Employment Claims

Arbitration clauses are extremely common in employment contracts. But, despite the Supreme Court’s consistent pronouncements that arbitration agreements should be treated like any other contract, issues have lingered in the… more

Arbitration, Arbitration Agreements, Employment Contract, Motion to Compel

See all updates »

Stacylyn Doore

SEC Division of Examinations’ 2023 Priorities

The SEC’s Division of Examinations (the “Division” or “EXAMS”) recently published its annual examination priorities for 2023. The Examination Priorities memorandum sets out key areas the staff will focus on during its… more

Broker-Dealer, Cryptoassets, Environmental Social & Governance (ESG), Fiduciary Duty, FinTech

See all updates »

Richard East

Unexplained Wealth Orders

With the passing of the Criminal Finances Act 2017, the UK government introduced a powerful new investigative tool to supplement the arsenal of UK law enforcement agencies investigating financial crime. Agencies such as the… more

Criminal Investigations, Financial Crimes, Serious Fraud Office (SFO), UK, Unexplained Wealth Orders (UWOs)

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Jennifer English

NFTs: Legal Risks from “Minting” Art and Collectibles on Blockchain

Our firm represents clients in some of the world’s most significant disputes relating to blockchain, cryptocurrency, film, music, and artworks, and has been closely monitoring the exponential growth in the non-fungible token… more

Art, Blockchain, Copyright, Cryptocurrency, Digital Media

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Jonathan Feder

US Outlook: Novel Legal Challenges from the New Coronavirus

With the unfolding coronavirus (COVID-19) outbreak labelled as a pandemic, businesses, universities, and other institutions are presented with novel challenges. From a legal perspective, the evolving situation will likely… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Force Majeure Clause, Health and Safety, Infectious Diseases

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Leonid Feller

US Outlook: Top Questions About Criminal And Internal Investigations Following The Coronavirus Outbreak

The COVID-19 pandemic presents novel challenges to U.S. regulators investigating allegations of corporate misconduct. Companies currently under investigation or that may find themselves under investigation must be prepared for… more

Coronavirus/COVID-19, Criminal Investigations, Internal Investigations

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Liesl Fichardt

Taxing Times - A COVID-19 Tax Update as of April 7, 2020

During these difficult times, government authorities in the United States and the United Kingdom are taking extraordinary measures aimed at curbing the economic impact of the COVID-19 pandemic. While the world is in lockdown,… more

CARES Act, Coronavirus/COVID-19, HMRC, IRS, Net Operating Losses

See all updates »

Benjamin Finestone

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

See all updates »

Matthew Fox

US Outlook - Top Questions For Businesses Concerned About COVID-19 And Price Gouging

The COVID-19 epidemic has led to panic buying, including the alarming image of empty shelves at local grocery stores and supermarkets. There has been a surging demand, and a corresponding depressed supply, for certain products… more

Coronavirus/COVID-19, Goods or Services, Price Gouging

See all updates »

Michelle Fox

Corporate Liability & Risk Update

Since our last update in June 2019, we have continued to see important developments in: • regulatory activism; • class action litigation; • the insurance market and insurance law; • the whistleblower regime; and • climate… more

Compliance, Corporate Culture, Ethics, Policies and Procedures, Risk Assessment

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Gavin Frisch

Supreme Court Significantly Curtails Applicability of Section 1782 to International Arbitration

In 1964, Congress amended 28 U.S.C. § 1782(a) to permit district courts to order the production of certain evidence “for use in a foreign or international tribunal.” While Congress unquestionably intended in 1964 to broaden the… more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Tribunals, International Arbitration

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Dr. Benjamin Fritz

Konfliktlösung unter dem StaRUG Teil 1: Einführung und Überblick

Befindet sich ein Unternehmen in der Krise, steigt das Konfliktpotenzial. Daran kann auch das neue Unternehmensstabilisierungs- und -restrukturierungsgesetz (StaRUG) nichts ändern. Im Gegenteil: Es schafft sogar einige neue… more

Creditors, Debtors, Germany, Insolvency, Restructuring

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Gregory Fuoco

Navigating CBD Labeling Litigation Risk Under California and Federal Law

Earlier this month, California’s new labeling requirements for CBD products went into effect under Assembly Bill 45 (“AB 45”), which legalized the addition of hemp-derived CBD to food, beverages, dietary supplements, and… more

Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Dietary Supplements, Hemp

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Toby Futter

CMBS Disputes On The Horizon? - April 2021

The pandemic has justifiably renewed concerns about the fragility of the CMBS market and the possibility of a new, commercial, mortgage crisis. While government support, fiscal stimulus and short-term debt relief have… more

Borrowers, CMBS, Coronavirus/COVID-19, Economic Downturn, Financial Crisis

See all updates »

Yasseen Gailani

UK Supreme Court allows appeals against LIBOR and EURIBOR trader manipulation convictions

In a strident judgment that expresses “concerns about the effectiveness of the criminal appeal system in England and Wales in confronting legal error”, the UK Supreme Court has unanimously allowed appeals by Tom Hayes and Carlo… more

Appeals, Benchmarks, Criminal Appeals, Criminal Prosecution, EURIBOR

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Mario Gazzola

The Brazilian Supreme Court's August 18 Ruling Presents Challenges To Brazilian Entities And Litigants

On August 18, 2025, the Brazilian Supreme Court issued a ruling holding that any foreign law, court decision, administrative act, or executive order is only applicable in Brazil if expressly recognized by Brazilian legislation… more

Brazil, Constitutional Challenges, Cross-Border Transactions, Enforcement Actions, Financial Institutions

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Alex Gerbi

Commercial Contracts Governed By English Law: How To Get Out Of Your Obligations, Or Make Sure Your Opponent Keeps To Theirs!

The COVID-19 crisis has set in train a cascade of events that will impede, delay or prevent performance of many contracts in the coming months. Businesses are likely to face pressure from many directions: shortages of materials,… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Colin Gillespie

Quinn Emanuel Cannabis Litigation Practice Alert: Recent Stock Drop Securities Actions in the Cannabis Industry

Within the last two years, private litigants have initiated more than a dozen "stock drop" suits against publicly traded companies in the cannabis industry under U.S. securities law. The types of claims are not new: Section… more

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Danielle Gilmore

US Outlook: Insurance Coverage Questions Amid COVID-19 Outbreak

The COVID-19 crisis presents a number of novel issues that policyholders and insurers will face in the coming months. As COVID-19 has spread around the world, businesses are facing significant disruptions to their operations and… more

Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Terms

See all updates »

Ethan Glass

Staying Aware of U.S. Competition Legal Issues at a Time of Economic Upheaval

At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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James Glass

Discretionary Denials of Petitions for Inter Partes Review at the PTAB

Three recent decisions—designated precedential and informative—provide new guidance regarding discretionary denial of an IPR petition. These recent developments continue to follow the Board’s recent trend of increasing scrutiny… more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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David Grable

DOJ Charges Former NFT Marketplace Employee with Insider Trading

On June 1, 2022, the United States Attorney for the Southern District of New York unsealed a two-count indictment of Nathaniel Chastain, charging him with wire fraud and money laundering, and accusing him of “insider trading in… more

Department of Justice (DOJ), Digital Assets, Insider Trading, Non-Fungible Tokens (NFTs), Popular

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Danesha Grady

DOJ Rolls Out Incentive Structure for Self-Reporting Civil FCA Violations

Earlier this week, the Department of Justice issued “Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters” (the FCA Guidelines), intended to incentivize self-disclosure,… more

Compliance, Department of Justice (DOJ), Enforcement, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA)

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Mark Grasso

COVID-19: Checklist – Issuing A Termination Notice Under English Law

Formalities- Contractual procedure and requirements for issuing a notice of termination, as well as formal requirements for service of notices should be strictly complied with.i Determine (for example) whether the notice:… more

Breach of Contract, Contract Termination, Contract Terms, Coronavirus/COVID-19, Performance Standards

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Michael Greenop

ESG Litigation in Europe

In tandem with investor pressure and regulation requiring ESG disclosures, such as the EU’s Sustainable Finance Disclosure Regulation, the UK’s Modern Slavery Act, and France’s Duty of Vigilance, the last decade or so has also… more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), EU

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Marc Greenwald

Tolling Statutes of Limitations During COVID-19 Pandemic

On March 13, 2020, President Donald J. Trump signed the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, pursuant to sections 201 and 301 of the National Emergencies… more

Coronavirus/COVID-19, Infectious Diseases, Statute of Limitations, Wartime Suspension of Limitations Act

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Asher Griffin

How a Winter Storm in Texas Hammered the State and its Energy Market, Potentially Causing Greater Economic Loss than Hurricane Harvey

In the days following Texas’s February 2021 winter storm event, unofficially named Winter Storm Uri, we have received many questions from out-of-state colleagues and clients—particularly from those living in colder… more

Energy Market, Energy Sector, Natural Disasters, Severe Weather

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Dr. Marcus Grosch

German Constitutional Court Clears Way for the Unified Patent Court

On July 9, 2021, the German Federal Constitutional Court (FCC) published its decision rejecting two applications for a preliminary injunction against the German ratification of the Agreement on a Unified Patent Court (UPCA) that… more

Germany, Intellectual Property Protection, Patents, Popular, Unified Patent Court

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Kami Haeri

FAA Updates its Audit Questionnaire

Nearly three years after the publication of the "Audit Questionnaire" (Questionnaire de Contrôle) by the French Anti-Corruption Agency ("FAA"), applicable to companies covered by Article 17 of the Sapin 2 Act, the FAA has… more

Anti-Corruption, Compliance, Corruption, France

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Jordan Harap

Questions For Borrowers And Lenders Amid Coronavirus Outbreak

As borrowers and lenders grapple with a new economic landscape in the wake of COVID-19, borrowers are faced with the need to secure sufficient liquidity in the event of an extended recession that could have long-term effects on… more

Borrowers, Coronavirus/COVID-19, Financial Services Industry, Lenders

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Stephen Hauss

What Companies Need to Know About the U.S. Sanctions Against Russia

Following Russia’s invasion of Ukraine, the United States has responded with a flurry of sweeping economic sanctions that target some of Russia’s largest and most important financial institutions and state-owned enterprises, as… more

CAPTA List, Economic Sanctions, Foreign Policy, Foreign Relations, General Licenses

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Marc Hedrich

The SFO’s Corporate Co-operation Guidance: Clarifying the Burdens of Cooperation, but Keeping the Benefits Obscure

Last week the UK Serious Fraud Office (“SFO”) published its long-anticipated guidance on the steps companies should take when choosing to cooperate with the agency’s investigations. A mere five pages long, the SFO’s Corporate… more

Cooperation, Corporate Counsel, Department of Justice (DOJ), Serious Fraud Office (SFO), UK

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Ari Herbert

Staying Aware of U.S. Competition Legal Issues at a Time of Economic Upheaval

At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

Dr. Nadine Herrmann

[Event] Recent Developments in EU Antitrust Enforcement - Jan. 17th, Silicon Valley - Jan. 18th, San Francisco - Jan. 19th, Los Angeles

This seminar will address key antitrust and competition issues affecting the European market now… more

Antitrust Litigation, Antitrust Violations, Competition, Continuing Legal Education, Enforcement

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Sage Vanden Heuvel

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

See all updates »

Matthew Hosen

Climate Change SEC Financial Disclosures: Will New Rules Come With A New President?

Incoming President-elect Biden climate change agenda will likely reach the Securities and Exchange Commission (SEC), which—under a new Chairperson— is expected to establish new disclosure requirements for publicly traded… more

Biden Administration, Climate Change, Disclosure Requirements, Financial Statements, SASB

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Nicholas Hoy

“Hell Or High Water” Clauses in Merger & Acquisition Agreements

In the M&A context, “hell or high water” clauses are often negotiated where obtaining antitrust or regulatory approval is a condition precedent to closing the deal. Such provisions may require one or both parties to take “all… more

Acquisition Agreements, Acquisitions, Contract Termination, Merger Agreements, Mergers

See all updates »

Allison Huebert

Insurance Recovery—Obtaining “Releaf” for the Cannabis Industry

More than half of U.S. states have now legalized medical or recreational marijuana, and the number of cannabis-related businesses is increasing rapidly. But due to uncertainty related to the division between state and federal… more

Insurance Industry, Marijuana, Marijuana Related Businesses, Supply Chain

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Julianne Hughes-Jennett

Corporate Liability for Human Rights Violations

Much of the discussion around “Environmental, Social and Governance” (ESG) initiatives has focused on the “E”—the environment. Yet more and more attention is being paid to the “S”—social issues, which include the impact a… more

Child Labor, Corporate Liability, Due Diligence, Forced Labor, Human Rights

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Christopher Humby

COVID-19 and Legal Issues in Saudi Arabia

The impact of the COVID-19 pandemic is being felt around the world. In this article we consider legal issues which are likely to be relevant to those doing business, particularly in relation to construction projects, in the… more

Coronavirus/COVID-19, Emergency Management Plans, Force Majeure Clause, Infectious Diseases, Saudi Arabia

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Carrie James

Federal Court Rejects Challenge To Arbitrability Of Cannabis Disputes

A recent federal district court decision held that a cannabis delivery app's clickwrap dispute resolution provision requiring arbitration was enforceable. (Williams v. Eaze Solutions (N.D. Cal. No: 3:18-cv-02598-JD)). The Court… more

Arbitration, Cannabis-Related Businesses (CRBs), Clickwrap Agreements, Dispute Resolution, Marijuana Delivery Bans

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Kevin Johnson

The Promises and Perils of 6G Technology

6G is different. While historical advances in the cellular communication standards have changed the way consumers use their mobile devices, the legal ramifications of those advances have largely been cabined to the… more

Artificial Intelligence, Infrastructure, Popular, Telecommunications, Wireless Industry

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Aubrey Jones

Challenging State and Local Cannabis License Denials: Current Trends and Issues, An Update

I. Background - Applicants for licenses to operate cannabis businesses challenge denials (or grants to competitors) in courts in a variety of ways, such as by alleging: (1) technical errors in evaluating applications; (2) the… more

Dispensaries, Licensing Rules, Marijuana, Marijuana Related Businesses

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Taylor Jones

US Outlook: Legal Limits on Hedge Fund Redemption Gates and Suspensions

Investors in hedge funds often face several restrictions on their ability to withdraw capital from the fund. These liquidity restrictions have definite benefits, allowing hedge funds to maintain long-term investment strategies,… more

Commodity Trading Advisors (CTAs), Compliance, Coronavirus/COVID-19, Enforcement Actions, Fund Managers

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Emily Kapur

The $110 Billion Crypto Treasury Boom: Litigation Risks on the Horizon

The corporate crypto treasury trend continues to boom, and with it the litigation risks. As noted in a recent Forbes article, 152 publicly traded companies now control almost 1 million Bitcoin worth over $110 billion… more

Bitcoin, Class Action, Corporate Governance, Cryptoassets, Cryptocurrency

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Christopher Kercher

Regulators Create Headwinds for SPACs

The well-documented wave of Special Purpose Acquisition Companies (“SPAC” or “SPACs”) that lasted throughout 2020 and the first quarter of 2021 has started to show the first signs of retreat. Two major statements from SEC… more

Initial Public Offering (IPO), PSLRA, Publicly-Traded Companies, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Patrick King

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

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Susheel Kirpalani

Claims Based on Insolvency in the Wake of The Coronavirus Pandemic

The coronavirus disease (COVID-19) arrived at a time when share buybacks and dividends were at historic highs (and indenture covenants notoriously light). But the pandemic may already have significantly reshaped the landscape… more

Coronavirus/COVID-19, Insolvency, Lenders, Shareholders

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Leo Kitchen

Settlement of Credit Default Swaps Referencing Russian Federation Bonds: Issues and Uncertainty

On June 1, 2022, the Credit Derivatives Determinations Committee announced that Russia’s failure to pay approximately $1.9 million in interest that had accrued between the maturity date of Russia’s ten-year bonds on April 4,… more

Bonds, Credit Default Swaps, Derivatives, ISDA, ISDA Master Agreement

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Dr. Victor Klene

Konfliktlösung unter dem StaRUG Teil 1: Einführung und Überblick

Befindet sich ein Unternehmen in der Krise, steigt das Konfliktpotenzial. Daran kann auch das neue Unternehmensstabilisierungs- und -restrukturierungsgesetz (StaRUG) nichts ändern. Im Gegenteil: Es schafft sogar einige neue… more

Creditors, Debtors, Germany, Insolvency, Restructuring

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Daniel Koffmann

The White Collar Appeal: Seventh Circuit Holds Spoofing is Fraud

“Spoofing,” or the practice of submitting buy or sell orders to trading platforms with the intent to withdraw them prior to execution, is considered fraud under the Seventh Circuit’s decision in United States v. Smith, issued… more

Appeals, CFTC, Commodities, Criminal Prosecution, Defense Strategies

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Jérôme Kommer

German Constitutional Court Clears Way for the Unified Patent Court

On July 9, 2021, the German Federal Constitutional Court (FCC) published its decision rejecting two applications for a preliminary injunction against the German ratification of the Agreement on a Unified Patent Court (UPCA) that… more

Germany, Intellectual Property Protection, Patents, Popular, Unified Patent Court

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Bruce Lee

US Outlook: Top Privacy Questions For Businesses Amid New Coronavirus Outbreak

Businesses face new legal challenges as a result of the fast-paced spread of the novel coronavirus (COVID-19). For example, as we have discussed in detail in another memorandum on the topic, businesses must consider tort… more

Coronavirus/COVID-19, Cybersecurity, Data Privacy, Data Security, Infectious Diseases

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Tara Lee

US Outlook: Top Questions for Higher Education Amid Novel Coronavirus Outbreak

Summary: The emergence of the global coronavirus pandemic has created perhaps the most significant challenges for colleges and universities in their history. Forced to largely close their campuses and require the vast majority… more

Coronavirus/COVID-19, Educational Institutions, Infectious Diseases

See all updates »

Katherine Lemire

DOJ Issues Memorandum on Charging, Plea Resolution, and Sentencing Recommendation Policies

On December 16, 2022, United States Attorney General Merrick B. Garland issued a memorandum that sets out certain general policies regarding U.S. Department of Justice (DOJ) charging decisions, plea resolutions, and sentencing… more

Corporate Counsel, Criminal Convictions, Criminal Prosecution, Department of Justice (DOJ), Sentencing

See all updates »

Michael Liftik

SEC Division of Examinations’ 2023 Priorities

The SEC’s Division of Examinations (the “Division” or “EXAMS”) recently published its annual examination priorities for 2023. The Examination Priorities memorandum sets out key areas the staff will focus on during its… more

Broker-Dealer, Cryptoassets, Environmental Social & Governance (ESG), Fiduciary Duty, FinTech

See all updates »

Xiao Liu

Is China Investable - Invest by the Rules--and Invest Smart

The Chinese government’s recent regulatory actions against major companies in the private sector have sparked concerns among investors. Some even have gone to the extreme, bluntly asking, “who the hell now wants to invest in a… more

Anti-Competitive, China, Data Security, Foreign Investment, Institutional Investors

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Maia Livengood

Private Data Breach Litigation Comes of Age

I. Overview - Data breaches are every day occurrences and major high profile breaches are becoming more common. In the past three years, industry-leading companies such as Microsoft (250 million records, December 2019),… more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Nicholas LoCastro

Patent Trial and Appeal Board Issues New Guidance Regarding Use of "General Knowledge" in IPR Petitions

On July 31st, the Patent Trial and Appeal Board ("PTAB") issued a three-page memorandum stating that it will “enforce and no longer waive the requirement of 37 C.F.R. § 42.104(b)(4).”… more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Trial and Appeal Board, Prior Art

See all updates »

Robert Loigman

US Outlook: Legal Limits on Hedge Fund Redemption Gates and Suspensions

Investors in hedge funds often face several restrictions on their ability to withdraw capital from the fund. These liquidity restrictions have definite benefits, allowing hedge funds to maintain long-term investment strategies,… more

Commodity Trading Advisors (CTAs), Compliance, Coronavirus/COVID-19, Enforcement Actions, Fund Managers

See all updates »

Daniel Lombard

Illinois Supreme Court Opens the Floodgates to Biometric Information Privacy Act Suits

On January 25th, the Illinois Supreme Court ruled in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff may be “aggrieved” under the state’s unique Biometric Information Privacy Act, 740 ILCS 14, even if she has… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints, IL Supreme Court

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Alex Loomis

US Outlook: Top Questions About Commercial Leases & Rent Obligations Amid Coronavirus Outbreak

Recent press reports have highlighted the profound economic impact COVID-19 is having on companies both large and small around the United States—and the ramifications on commercial leases. Across the country, state and local… more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Force Majeure Clause

See all updates »

Riina Luha

No Arms Race For National Champions – State Aid During Covid-19 Measures

The adverse economic impact of the Covid-19 pandemic has led to many European Union Member States to introduce support measures for businesses. If a Member State grants support that confers a selective advantage on some… more

Coronavirus/COVID-19, EU, European Commission, Investment, Member State

See all updates »

Michael Lyle

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

See all updates »

Duane Lyons

The Present and Potential Future of Federal and State Gun Regulations in the United States

The mass shootings in Uvalde, Texas and Buffalo, New York sparked renewed interest in gun control reform in the United States. On June 12, 2022, a bipartisan group of United States Senators announced an agreement on principle… more

Assault Weapons Ban, Firearms, Gun Laws, Mass Shootings, School Shootings

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Daniel Mach

House Passes Blueprint for $500 Billion Investment in Renewables, “Resilience,” Grid

This morning, the House passed H.R. 5376,[i] the Build Back Better Act (the “BBB Act”), by a vote of 220-213. If it clears the Senate and is signed into law, the BBB Act would represent one of the largest investments in U.S… more

Clean Energy, Energy Sector, Infrastructure, Internal Revenue Code (IRC), Investment Tax Credits

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David Mader

Settlement of Credit Default Swaps Referencing Russian Federation Bonds: Issues and Uncertainty

On June 1, 2022, the Credit Derivatives Determinations Committee announced that Russia’s failure to pay approximately $1.9 million in interest that had accrued between the maturity date of Russia’s ten-year bonds on April 4,… more

Bonds, Credit Default Swaps, Derivatives, ISDA, ISDA Master Agreement

See all updates »

Steven Madison

DOJ Issues Memorandum on Charging, Plea Resolution, and Sentencing Recommendation Policies

On December 16, 2022, United States Attorney General Merrick B. Garland issued a memorandum that sets out certain general policies regarding U.S. Department of Justice (DOJ) charging decisions, plea resolutions, and sentencing… more

Corporate Counsel, Criminal Convictions, Criminal Prosecution, Department of Justice (DOJ), Sentencing

See all updates »

Anil Makhijani

Questions For Borrowers And Lenders Amid Coronavirus Outbreak

As borrowers and lenders grapple with a new economic landscape in the wake of COVID-19, borrowers are faced with the need to secure sufficient liquidity in the event of an extended recession that could have long-term effects on… more

Borrowers, Coronavirus/COVID-19, Financial Services Industry, Lenders

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Andrew March

Questions Clients Are Asking About The Families First Coronavirus Response Act

As more states implement mandatory business closures and quarantine orders as a result of the spread of the novel coronavirus (COVID-19), employers and HR departments are looking for guidance on how to comply with the Families… more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

See all updates »

Nick Marsh

Commercial Contracts Governed By English Law: How To Get Out Of Your Obligations, Or Make Sure Your Opponent Keeps To Theirs!

The COVID-19 crisis has set in train a cascade of events that will impede, delay or prevent performance of many contracts in the coming months. Businesses are likely to face pressure from many directions: shortages of materials,… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Silpa Maruri

What Companies Need to Know About the Delaware Court of Chancery’s Recent Applications of the Asia Global Test to Better Protect their Directors’ Privileged Communications

Boards of directors of companies incorporated in Delaware and elsewhere typically have “independent” or “outside” directors who are unaffiliated with that company, except through their board membership. Outside directors play… more

Attorney-Client Privilege, Board of Directors, Discovery, Email, Popular

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Catherine Mattes

Patent Trial and Appeal Board Issues New Guidance Regarding Use of "General Knowledge" in IPR Petitions

On July 31st, the Patent Trial and Appeal Board ("PTAB") issued a three-page memorandum stating that it will “enforce and no longer waive the requirement of 37 C.F.R. § 42.104(b)(4).”… more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Trial and Appeal Board, Prior Art

See all updates »

Stephen Mavroghenis

No Arms Race For National Champions – State Aid During Covid-19 Measures

The adverse economic impact of the Covid-19 pandemic has led to many European Union Member States to introduce support measures for businesses. If a Member State grants support that confers a selective advantage on some… more

Coronavirus/COVID-19, EU, European Commission, Investment, Member State

See all updates »

James Mayers

COVID-19 – Issues Affecting Performance Of Contractual Obligations In Construction Contracts: A Comparison Between English And Malaysian Law

The COVID-19 crisis has set in train a cascade of events that will impede, delay or prevent performance of many contracts in the coming months. Businesses are likely to face pressure from many directions: shortages of materials,… more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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Allison McGuire

Lessons From Historical Crises: Compliance Pitfalls To Avoid During The Coronavirus

Although uncertainty swirls around many aspects of the Coronavirus (COVID-19) crisis and its impact, in the world of white collar criminal enforcement, some certainties do exist: opportunities for fraud—against vulnerable… more

Bribery, Compliance, Coronavirus/COVID-19, Corruption, Fraud

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Mark McNeill

Taxing Times - A COVID-19 Tax Update as of April 7, 2020

During these difficult times, government authorities in the United States and the United Kingdom are taking extraordinary measures aimed at curbing the economic impact of the COVID-19 pandemic. While the world is in lockdown,… more

CARES Act, Coronavirus/COVID-19, HMRC, IRS, Net Operating Losses

See all updates »

James McSweeney

Unexplained Wealth Orders

With the passing of the Criminal Finances Act 2017, the UK government introduced a powerful new investigative tool to supplement the arsenal of UK law enforcement agencies investigating financial crime. Agencies such as the… more

Criminal Investigations, Financial Crimes, Serious Fraud Office (SFO), UK, Unexplained Wealth Orders (UWOs)

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James Meehan

DOJ’s Update to Its Evaluation of Corporate Compliance Programs Provides Additional Detail, but Not Necessarily Additional Clarity

On Tuesday, April 30, 2019, the Department of Justice’s Criminal Division released an update (the “Update”) to the “Evaluation of Corporate Compliance Programs”1 first released by the Fraud Section in 2017. That document… more

Compliance, Corporate Culture, Department of Justice (DOJ), Fraud

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Joanna Menillo

Tolling Statutes of Limitations During COVID-19 Pandemic

On March 13, 2020, President Donald J. Trump signed the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, pursuant to sections 201 and 301 of the National Emergencies… more

Coronavirus/COVID-19, Infectious Diseases, Statute of Limitations, Wartime Suspension of Limitations Act

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Ellison Ward Merkel

DExiting to Nevada?

A growing number of U.S. companies have begun reconsidering Delaware as the default state of incorporation in a phenomenon dubbed “DExit.” Historically, Delaware has been the preferred jurisdiction for public and private… more

Board of Directors, Business Court, Business Entities, Business Formation, Corporate Governance

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Alexander Merton

New “Beneficial Owner” Requirements Under the Corporate Transparency Act

In December 2020, Congress passed the National Defense Authorization Act for Fiscal Year 2021 (“Defense Act”), which includes significant reforms to the United States’ monitoring system for financial crimes. Although President… more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Corporate Transparency Act, Customer Due Diligence (CDD)

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Michael Mills

Corporate Liability & Risk Update

Since our last update in June 2019, we have continued to see important developments in: • regulatory activism; • class action litigation; • the insurance market and insurance law; • the whistleblower regime; and • climate… more

Compliance, Corporate Culture, Ethics, Policies and Procedures, Risk Assessment

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Linda Moon

The EU’s Regulation on Artificial Intelligence

In April 2021, the European Commission released a draft regulation on the use of artificial intelligence or AI (the “Draft Regulation”). If adopted, the new regulation would be the first comprehensive regulatory scheme to focus… more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

Sandra Moser

What’s New—Key Updates to the DOJ and SEC’s FCPA Resource Guide

For the first time since its original publication in November 2012, on July 3, 2020, the U.S. Department of Justice (“DOJ”) Criminal Division and the U.S. Securities and Exchange Commission (“SEC”) published substantive updates… more

Bribery, Compliance, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

Tyler Murray

DOJ Issues Memorandum on Charging, Plea Resolution, and Sentencing Recommendation Policies

On December 16, 2022, United States Attorney General Merrick B. Garland issued a memorandum that sets out certain general policies regarding U.S. Department of Justice (DOJ) charging decisions, plea resolutions, and sentencing… more

Corporate Counsel, Criminal Convictions, Criminal Prosecution, Department of Justice (DOJ), Sentencing

See all updates »

Isaac Nesser

CMBS Disputes On The Horizon? - April 2021

The pandemic has justifiably renewed concerns about the fragility of the CMBS market and the possibility of a new, commercial, mortgage crisis. While government support, fiscal stimulus and short-term debt relief have… more

Borrowers, CMBS, Coronavirus/COVID-19, Economic Downturn, Financial Crisis

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Deborah Newman

When The Door Hits You On The Way Out: The Southern District Of New York Warns Corporate Directors They May Be Liable For The Necessary And Foreseeable Acts Of Their Successors

A great deal of buzz has been generated by the recent decision from the Southern District of New York in In re: Nine West LBO Securities Litigation, No. 20 MD 2941 (JSR) 2020 WL 7090277 (S.D.N.Y. Dec. 4, 2020), with some… more

Board of Directors, Breach of Duty, Business Judgment Rule, Fiduciary Duty, Personal Liability

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Luke Nikas

NFTs: Legal Risks from “Minting” Art and Collectibles on Blockchain

Our firm represents clients in some of the world’s most significant disputes relating to blockchain, cryptocurrency, film, music, and artworks, and has been closely monitoring the exponential growth in the non-fungible token… more

Art, Blockchain, Copyright, Cryptocurrency, Digital Media

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Crystal Nix-Hines

US Outlook: Top Questions for Higher Education Amid Novel Coronavirus Outbreak

Summary: The emergence of the global coronavirus pandemic has created perhaps the most significant challenges for colleges and universities in their history. Forced to largely close their campuses and require the vast majority… more

Coronavirus/COVID-19, Educational Institutions, Infectious Diseases

See all updates »

R. Graham F. O'Donoghue

The SFO’s Corporate Co-operation Guidance: Clarifying the Burdens of Cooperation, but Keeping the Benefits Obscure

Last week the UK Serious Fraud Office (“SFO”) published its long-anticipated guidance on the steps companies should take when choosing to cooperate with the agency’s investigations. A mere five pages long, the SFO’s Corporate… more

Cooperation, Corporate Counsel, Department of Justice (DOJ), Serious Fraud Office (SFO), UK

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Ben O'Neil

SEC and DOJ Signal Aggressive Stance to Corporate America

Less than 10 months since inauguration day, the Biden Administration’s civil and criminal enforcement arms are signaling a more aggressive stance, looking squarely at corporate America. Recent speeches from senior officials at… more

Compliance, Corporate Crimes, Corporate Governance, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA)

See all updates »

Dabney O'Riordan

SEC Division of Examinations’ 2023 Priorities

The SEC’s Division of Examinations (the “Division” or “EXAMS”) recently published its annual examination priorities for 2023. The Examination Priorities memorandum sets out key areas the staff will focus on during its… more

Broker-Dealer, Cryptoassets, Environmental Social & Governance (ESG), Fiduciary Duty, FinTech

See all updates »

Jeffrey Ober

What’s New—Key Updates to the DOJ and SEC’s FCPA Resource Guide

For the first time since its original publication in November 2012, on July 3, 2020, the U.S. Department of Justice (“DOJ”) Criminal Division and the U.S. Securities and Exchange Commission (“SEC”) published substantive updates… more

Bribery, Compliance, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

Harry Olivar Jr.

Coronavirus Implications For Securities Litigation

The coronavirus disease known as COVID-19 and a related oil price war have delivered a one-two punch to global markets, sending stocks plunging in the largest point fall ever for major indices. As of March 27, 2020, the Dow… more

Coronavirus/COVID-19, Infectious Diseases, Securities Litigation

See all updates »

Johanna Ong

Questions Clients Are Asking About The Families First Coronavirus Response Act

As more states implement mandatory business closures and quarantine orders as a result of the spread of the novel coronavirus (COVID-19), employers and HR departments are looking for guidance on how to comply with the Families… more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

See all updates »

David Orta

Title III Suits Under The Helms-Burton Act — A Primer

The Trump administration has announced that it will allow the suspension of Title III of the Helms-Burton Act to lapse as of May 2, 2019, thereby allowing eligible individuals and companies to file lawsuits in U.S. courts… more

Asset Seizure, Cuba, Foreign Corporations, Trump Administration

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Randa Osman

Questions Clients Are Asking About The Families First Coronavirus Response Act

As more states implement mandatory business closures and quarantine orders as a result of the spread of the novel coronavirus (COVID-19), employers and HR departments are looking for guidance on how to comply with the Families… more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

See all updates »

Karabeth Ovenden

Taxing Times - A COVID-19 Tax Update as of April 7, 2020

During these difficult times, government authorities in the United States and the United Kingdom are taking extraordinary measures aimed at curbing the economic impact of the COVID-19 pandemic. While the world is in lockdown,… more

CARES Act, Coronavirus/COVID-19, HMRC, IRS, Net Operating Losses

See all updates »

Michael Packard

SEC and DOJ Signal Aggressive Stance to Corporate America

Less than 10 months since inauguration day, the Biden Administration’s civil and criminal enforcement arms are signaling a more aggressive stance, looking squarely at corporate America. Recent speeches from senior officials at… more

Compliance, Corporate Crimes, Corporate Governance, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA)

See all updates »

Sean Pak

The Promises and Perils of 6G Technology

6G is different. While historical advances in the cellular communication standards have changed the way consumers use their mobile devices, the legal ramifications of those advances have largely been cabined to the… more

Artificial Intelligence, Infrastructure, Popular, Telecommunications, Wireless Industry

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Marjun Parcasio

U.S. Supreme Court requires more than “general corporate activity” in U.S. to bring Alien Tort Statute claims

On 17 June 2021, the U.S. Supreme Court delivered its opinion in Nestlé USA, Inc. v Doe, 593 U.S. ___ (2021). The suit was brought by a group of citizens from Mali under the U.S. Alien Tort Statute (“ATS”), alleging that Nestlé… more

Alien Tort Statute, Cargill, Cargill Inc. v Doe I, Extraterritoriality Rules, Human Rights

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Anna Parfjonova

"The Tale of a Failed Preclusion Attempt"

Prior LCIA arbitration award is found not to bind Quinn Emanuel’s client in ongoing Commercial Court proceedings - I. Introduction - In an important judgment handed down on 11 April (available here), Mr Justice Foxton,… more

Arbitration, Arbitration Agreements, Arbitration Awards, Banks, LCIA

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Thomas Pease

Staying Aware of U.S. Competition Legal Issues at a Time of Economic Upheaval

At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

George Phillips

What Companies Need to Know About the Delaware Court of Chancery’s Recent Applications of the Asia Global Test to Better Protect their Directors’ Privileged Communications

Boards of directors of companies incorporated in Delaware and elsewhere typically have “independent” or “outside” directors who are unaffiliated with that company, except through their board membership. Outside directors play… more

Attorney-Client Privilege, Board of Directors, Discovery, Email, Popular

See all updates »

Jonathan Pickhardt

CMBS Disputes On The Horizon? - April 2021

The pandemic has justifiably renewed concerns about the fragility of the CMBS market and the possibility of a new, commercial, mortgage crisis. While government support, fiscal stimulus and short-term debt relief have… more

Borrowers, CMBS, Coronavirus/COVID-19, Economic Downturn, Financial Crisis

See all updates »

William Pilon

What to Expect from SEC Enforcement: Regulation Best Interest

The Securities and Exchange Commission (“SEC”)’s Regulation Best Interest (“Reg BI”) imposes a heightened best interest standard on broker-dealers when recommending securities transactions or investment strategies… more

Broker-Dealer, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Investment Adviser, NASAA

See all updates »

Rosa Polaschek

Companies Coming Out in Public Support of 'Failure to Prevent' Law on Human Rights Obligations

As previous client alerts have set out, momentum is building across a range of jurisdictions toward legalizing companies’ obligations to respect human rights and promote ESG issues generally. While in Europe, this has centered… more

Environmental Social & Governance (ESG), Failure to Prevent, Human Rights, Modern Slavery Act, Supply Chain

See all updates »

Christopher Porter

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

See all updates »

M. Loughran Potter

Potential Liability of Healthcare Facilities Stemming from COVID-19

Background - Since the onset of COVID-19, healthcare facilities and providers have been subject to a range of litigation stemming from COVID-related deaths and injuries, and additional lawsuits seem likely… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Hospitals

See all updates »

John Quinn

The EU’s Regulation on Artificial Intelligence

In April 2021, the European Commission released a draft regulation on the use of artificial intelligence or AI (the “Draft Regulation”). If adopted, the new regulation would be the first comprehensive regulatory scheme to focus… more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

Valerie Ramos

SEC Proposes Sweeping New Regulatory and Enforcement Regime for Private Funds and Private Market Participants

Over a two week period at the end of January and beginning of February, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) proposed new rules and rule amendments that presage sweeping regulatory and enforcement… more

Books & Records, Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Private Funds

See all updates »

Sascha Rand

CMBS Disputes On The Horizon? - April 2021

The pandemic has justifiably renewed concerns about the fragility of the CMBS market and the possibility of a new, commercial, mortgage crisis. While government support, fiscal stimulus and short-term debt relief have… more

Borrowers, CMBS, Coronavirus/COVID-19, Economic Downturn, Financial Crisis

See all updates »

Sami Rashid

US Outlook - Top Questions For Businesses Concerned About COVID-19 And Price Gouging

The COVID-19 epidemic has led to panic buying, including the alarming image of empty shelves at local grocery stores and supermarkets. There has been a surging demand, and a corresponding depressed supply, for certain products… more

Coronavirus/COVID-19, Goods or Services, Price Gouging

See all updates »

Lazar Raynal

Taxing Times - A COVID-19 Tax Update as of April 7, 2020

During these difficult times, government authorities in the United States and the United Kingdom are taking extraordinary measures aimed at curbing the economic impact of the COVID-19 pandemic. While the world is in lockdown,… more

CARES Act, Coronavirus/COVID-19, HMRC, IRS, Net Operating Losses

See all updates »

Donald Reinhard

US Outlook: Top Questions About Commercial Leases & Rent Obligations Amid Coronavirus Outbreak

Recent press reports have highlighted the profound economic impact COVID-19 is having on companies both large and small around the United States—and the ramifications on commercial leases. Across the country, state and local… more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Force Majeure Clause

See all updates »

Owen Roberts

U.S. Outlook: Top Questions About Civil Litigation Amid Coronavirus Outbreak

The coronavirus (“COVID-19”) pandemic has presented novel challenges to civil litigation. Courts across the country are struggling to balance the demands of justice and public health. Consistent with government guidance on… more

Coronavirus/COVID-19, Court Closures, Court Schedules, Infectious Diseases

See all updates »

Dr. Volker Rosengarten

Germany’s Federal Ministry of Justice finalizes draft bill on new corporate sanctions regime

In response to the various German corporate scandals of recent times, including in particular the diesel emissions scandal that hit German carmakers, the German ruling political parties - as set forth in their coalition… more

Corporate Misconduct, Criminal Liability, Germany, Internal Investigations, Sanctions

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Andrew Rossman

“Hell Or High Water” Clauses in Merger & Acquisition Agreements

In the M&A context, “hell or high water” clauses are often negotiated where obtaining antitrust or regulatory approval is a condition precedent to closing the deal. Such provisions may require one or both parties to take “all… more

Acquisition Agreements, Acquisitions, Contract Termination, Merger Agreements, Mergers

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Eric Russo

Ce que les entreprises françaises doivent savoir sur le nouveau Memorandum du DOJ du 15 septembre 2022

Depuis l’entrée en fonctions de la nouvelle administration Biden, le DOJ a réaffirmé à plusieurs reprises sa volonté d’intensifier les poursuites contre les entreprises, mais aussi contre leurs dirigeants et salariés impliqués… more

Biden Administration, Corporate Crimes, Deferred Prosecution Agreements, Department of Justice (DOJ), Non-Prosecution Agreements

See all updates »

Andrew Schapiro

The ADPPA May Be Coming: Assessing the Potential New Federal Privacy Regime

Congress has long tried but failed to adopt comprehensive data privacy legislation. We are on the cusp of seeing such a law be passed. If it does, every aspect of how a business or other organization collects, retains, and uses… more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

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Matthew Scheck

How a Winter Storm in Texas Hammered the State and its Energy Market, Potentially Causing Greater Economic Loss than Hurricane Harvey

In the days following Texas’s February 2021 winter storm event, unofficially named Winter Storm Uri, we have received many questions from out-of-state colleagues and clients—particularly from those living in colder… more

Energy Market, Energy Sector, Natural Disasters, Severe Weather

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Michelle Schmit

In Potential Blow to Climate Suits, Supreme Court Broadens Scope Of Appellate Review Of Orders Remanding Case

On May 17, 2021, the U.S. Supreme Court in BP P.L.C. v. Mayor and City Council of Baltimore granted energy companies an important victory with the potential to stymie the almost two dozen climate change-related cases pending… more

Carbon Emissions, Clean Air Act, Climate Change, Corporate Counsel, Energy Sector

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Robert Schwartz

Private Data Breach Litigation Comes of Age

I. Overview - Data breaches are every day occurrences and major high profile breaches are becoming more common. In the past three years, industry-leading companies such as Microsoft (250 million records, December 2019),… more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Marshall Searcy III

Protecting Cannabis Trademarks in Anticipation of Federal Legalization

As more states legalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Intellectual Property Protection, Marijuana, Marijuana Related Businesses

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William Sears

Staying Aware of U.S. Competition Legal Issues at a Time of Economic Upheaval

At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Derek Shaffer

Client Alert: First Amendment Victory in U.S. Supreme Court: Unconstitutional to Require Charities to Disclose Donors’ Identities

On July 1, 2021, Quinn Emanuel won a seminal First Amendment victory in the United States Supreme Court, protecting the rights of all nonprofits and their donors. The Court adopted our arguments as to why and how the First… more

Americans for Prosperity Foundation (AFP) v. Bonta, California, Charitable Donations, Charitable Organizations, Donor Lists

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K. John Shaffer

Claims Based on Insolvency in the Wake of The Coronavirus Pandemic

The coronavirus disease (COVID-19) arrived at a time when share buybacks and dividends were at historic highs (and indenture covenants notoriously light). But the pandemic may already have significantly reshaped the landscape… more

Coronavirus/COVID-19, Insolvency, Lenders, Shareholders

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Maaren Shah

Rentmeester v. Nike: Copyright Protection for Photography

On February 27, 2018, the United States Court of Appeals for the Ninth Circuit held that photographer Jacobus Rentmeester had failed to demonstrate that Nike infringed Rentmeester’s copyright in a photograph of Michael Jordan… more

Copyright, Copyright Infringement, Nike, Photographs

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Brian Shaughnessy

Coronavirus and the Great Recession of 2008: Parallels in the ABS Market

This article explores the parallels of the 2008 Great Recession with the financial distress recently caused by the coronavirus crisis, in creating litigation investment opportunities in the asset-backed securities market - the… more

Asset-Backed Securities, Coronavirus/COVID-19, Infectious Diseases, Mortgage-Backed Securities

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Scott Shelley

New York Enacts New Fraudulent Transfer Law Effective April 4, 2020

On December 6, 2019, Governor Andrew Cuomo signed into law a new fraudulent transfer statute to replace the Uniform Fraudulent Conveyance Act ("UFCA"), which has been in place in New York since 1925. The new law, entitled the… more

Fraudulent Conveyance, Fraudulent Transfers, Governor Cuomo

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Kate Kaufmann Shih

How a Winter Storm in Texas Hammered the State and its Energy Market, Potentially Causing Greater Economic Loss than Hurricane Harvey

In the days following Texas’s February 2021 winter storm event, unofficially named Winter Storm Uri, we have received many questions from out-of-state colleagues and clients—particularly from those living in colder… more

Energy Market, Energy Sector, Natural Disasters, Severe Weather

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Debbie Shon

Title III Suits Under The Helms-Burton Act — A Primer

The Trump administration has announced that it will allow the suspension of Title III of the Helms-Burton Act to lapse as of May 2, 2019, thereby allowing eligible individuals and companies to file lawsuits in U.S. courts… more

Asset Seizure, Cuba, Foreign Corporations, Trump Administration

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Danielle Shrader-Frechette

Coronavirus Implications For Securities Litigation

The coronavirus disease known as COVID-19 and a related oil price war have delivered a one-two punch to global markets, sending stocks plunging in the largest point fall ever for major indices. As of March 27, 2020, the Dow… more

Coronavirus/COVID-19, Infectious Diseases, Securities Litigation

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Trevor Soames

EU Competition Law Development: Interim Injunctive Relief Back on the Menu

On 16 October 2019, for the first time in many years, the European Commission granted injunctive relief (known as “interim measures”) against a company that is being investigated for infringing European competition law. This is… more

Competition, Corporate Counsel, EU, European Commission, Injunctive Relief

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Aliki Sofis

The Present and Potential Future of Federal and State Gun Regulations in the United States

The mass shootings in Uvalde, Texas and Buffalo, New York sparked renewed interest in gun control reform in the United States. On June 12, 2022, a bipartisan group of United States Senators announced an agreement on principle… more

Assault Weapons Ban, Firearms, Gun Laws, Mass Shootings, School Shootings

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Deborah Sohn

Potential Liability of Healthcare Facilities Stemming from COVID-19

Background - Since the onset of COVID-19, healthcare facilities and providers have been subject to a range of litigation stemming from COVID-related deaths and injuries, and additional lawsuits seem likely… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Hospitals

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Gabriel Soledad

Who You Gonna Call? Considerations for Retaining Outside Counsel to Conduct an Internal Investigation

When confronted with information suggesting that employees, consultants, or other business partners have engaged in serious misconduct (or to quote Ray Parker, Jr., “when there’s somethin’ strange…in the neighborhood”), most… more

Corporate Counsel, Independent Counsel, Internal Investigations, Investigations, Outside Counsel

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Alex Spiro

SEC 2019 Priorities

In case you missed it during the holidays, the SEC’s Office of Compliance Inspections and Examinations (OCIE) announced its annual list of examination priorities for 2019 in late December. The annual list provides an important… more

Anti-Money Laundering, Cybersecurity, Digital Assets, Financial Industry Regulatory Authority (FINRA), MSRB

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Sam Stake

Congress Close to Boosting the U.S. Green Technology Sector

On June 8, 2021, the Senate passed the U.S. Innovation and Competition Act (“USICA”), an expansive, $250 billion bill, aimed at maintaining America’s position as a global science, technology, and manufacturing leader. Organized… more

Clean Energy, Department of Energy (DOE), Environmental Protection Agency (EPA), Innovation, National Science Foundation

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Molly Stephens

SEC Fines Private Equity Firm $1 Million for Failure to Implement Effective Insider Trading Compliance Procedures Relating to Designated Directors on Portfolio Company Boards

On May 26, 2020, the SEC issued an order fining Ares Management LLC $1 million for failing to implement and enforce compliance policies and procedures to prevent the misuse of material, nonpublic information (“MNPI”). The order… more

Insider Trading, Portfolio Companies, Private Equity, Securities and Exchange Commission (SEC)

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Karl Stern

US Outlook: Top Questions About Margin Calls

Market volatility may lead brokers to issue margin calls[i] to investors—i.e., demands of cash or additional collateral from investors trading on margin. Investors may feel such margin calls are unjustified or may disagree with… more

Brokers, Financial Industry Regulatory Authority (FINRA), Investors, Margin Calls, Securities and Exchange Commission (SEC)

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Brianne Straka

Illinois Supreme Court Opens the Floodgates to Biometric Information Privacy Act Suits

On January 25th, the Illinois Supreme Court ruled in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff may be “aggrieved” under the state’s unique Biometric Information Privacy Act, 740 ILCS 14, even if she has… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints, IL Supreme Court

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Kathleen Sullivan

Corporate Liability for Human Rights Violations

Much of the discussion around “Environmental, Social and Governance” (ESG) initiatives has focused on the “E”—the environment. Yet more and more attention is being paid to the “S”—social issues, which include the impact a… more

Child Labor, Corporate Liability, Due Diligence, Forced Labor, Human Rights

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Stephen Swedlow

Staying Aware of U.S. Competition Legal Issues at a Time of Economic Upheaval

At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Kristin Tahler

SEC Fines Private Equity Firm $1 Million for Failure to Implement Effective Insider Trading Compliance Procedures Relating to Designated Directors on Portfolio Company Boards

On May 26, 2020, the SEC issued an order fining Ares Management LLC $1 million for failing to implement and enforce compliance policies and procedures to prevent the misuse of material, nonpublic information (“MNPI”). The order… more

Insider Trading, Portfolio Companies, Private Equity, Securities and Exchange Commission (SEC)

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Dr. Haiyan Tang

Is China Investable - Invest by the Rules--and Invest Smart

The Chinese government’s recent regulatory actions against major companies in the private sector have sparked concerns among investors. Some even have gone to the extreme, bluntly asking, “who the hell now wants to invest in a… more

Anti-Competitive, China, Data Security, Foreign Investment, Institutional Investors

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Christopher Tayback

US Outlook: Top Questions About Criminal And Internal Investigations Following The Coronavirus Outbreak

The COVID-19 pandemic presents novel challenges to U.S. regulators investigating allegations of corporate misconduct. Companies currently under investigation or that may find themselves under investigation must be prepared for… more

Coronavirus/COVID-19, Criminal Investigations, Internal Investigations

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James Tecce

Claims Based on Insolvency in the Wake of The Coronavirus Pandemic

The coronavirus disease (COVID-19) arrived at a time when share buybacks and dividends were at historic highs (and indenture covenants notoriously light). But the pandemic may already have significantly reshaped the landscape… more

Coronavirus/COVID-19, Insolvency, Lenders, Shareholders

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Pierre Tiberghien

FAA Updates its Audit Questionnaire

Nearly three years after the publication of the "Audit Questionnaire" (Questionnaire de Contrôle) by the French Anti-Corruption Agency ("FAA"), applicable to companies covered by Article 17 of the Sapin 2 Act, the FAA has… more

Anti-Corruption, Compliance, Corruption, France

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R. Brian Timmons

SEC Proposes Sweeping New Regulatory and Enforcement Regime for Private Funds and Private Market Participants

Over a two week period at the end of January and beginning of February, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) proposed new rules and rule amendments that presage sweeping regulatory and enforcement… more

Books & Records, Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Private Funds

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Patricia Tomasco

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

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Viola Trebicka

The ADPPA May Be Coming: Assessing the Potential New Federal Privacy Regime

Congress has long tried but failed to adopt comprehensive data privacy legislation. We are on the cusp of seeing such a law be passed. If it does, every aspect of how a business or other organization collects, retains, and uses… more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

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Mark Tung

The Promises and Perils of 6G Technology

6G is different. While historical advances in the cellular communication standards have changed the way consumers use their mobile devices, the legal ramifications of those advances have largely been cabined to the… more

Artificial Intelligence, Infrastructure, Popular, Telecommunications, Wireless Industry

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Kate Vernon

The EU’s Regulation on Artificial Intelligence

In April 2021, the European Commission released a draft regulation on the use of artificial intelligence or AI (the “Draft Regulation”). If adopted, the new regulation would be the first comprehensive regulatory scheme to focus… more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

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William Weinreb

Ninth Circuit Clarifies Restrictions On Prosecutions Related To Medical Marijuana

In United States v. Pisarski, No. 17-10428, 2020 U.S. App. LEXIS 21564 (9th Cir. July 10, 2020), the United States Court of Appeals for the Ninth Circuit upheld an order enjoining the federal government from prosecuting two… more

Criminal Prosecution, Marijuana, Marijuana Cultivation, Medical Marijuana, Rohrabacher-Farr Amendment

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Alexander Wentworth-Ping

Victory Update: Foreign Parties Can Use U.S. Court To Obtain Documents Located Abroad

Since 1964, an American federal statute—28 U.S.C. § 1782—has empowered the United States courts to permit discovery from persons who “reside” or are “found” in the United States for use in judicial and arbitral proceedings… more

Corporate Counsel, Discovery, Extraterritoriality Rules, International Litigation, Jurisdiction

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Courtney Whang

Hedge Fund Litigation Update: Delaware Chancery Court Denies Icahn's "Novel" Bid For Books And Records

On November 14, 2019, Vice Chancellor Slights of the Delaware Chancery Court denied a stockholder demand—led by Carl Icahn—to inspect the books and records of Occidental Petroleum Corporation under Section 220 of Delaware… more

Controlling Stockholders, General Corporation Law, Hedge Funds, Popular, Proxy Contests

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Elaine Whiteford

A “Hard Brexit” for Commercial Litigators, and the “Brave New World” of Civil Procedure

On 24 December 2020, the EU and the UK finally reached agreement on the terms of the “EU-UK Trade and Cooperation Agreement” (the “Brexit Agreement”). Its 1200 plus pages do not contain much that need detain litigators as it is… more

Choice-of-Law, Commercial Litigation, Evidence, UK, UK Brexit

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Michael Williams

Potential Liability of Healthcare Facilities Stemming from COVID-19

Background - Since the onset of COVID-19, healthcare facilities and providers have been subject to a range of litigation stemming from COVID-related deaths and injuries, and additional lawsuits seem likely… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Hospitals

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Samuel Williamson

Is China Investable - Invest by the Rules--and Invest Smart

The Chinese government’s recent regulatory actions against major companies in the private sector have sparked concerns among investors. Some even have gone to the extreme, bluntly asking, “who the hell now wants to invest in a… more

Anti-Competitive, China, Data Security, Foreign Investment, Institutional Investors

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Elizabeth Wilson

COVID-19 – Issues Affecting Performance Of Contractual Obligations In Construction Contracts: A Comparison Between English And Malaysian Law

The COVID-19 crisis has set in train a cascade of events that will impede, delay or prevent performance of many contracts in the coming months. Businesses are likely to face pressure from many directions: shortages of materials,… more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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Eric Winston

US Outlook: Focus on Force Majeure in the Wake of Coronavirus and the Russia-Saudi Arabia Oil Price War

The U.S. oil industry is facing the dual shockwaves of falling demand and increased supply as a result of global efforts to slow the spread of the novel coronavirus (COVID-19) combined with an oil price war driven by Russia and… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Oil & Gas, Performance Standards

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Dr. Carsten Witzke

Konfliktlösung unter dem StaRUG Teil 1: Einführung und Überblick

Befindet sich ein Unternehmen in der Krise, steigt das Konfliktpotenzial. Daran kann auch das neue Unternehmensstabilisierungs- und -restrukturierungsgesetz (StaRUG) nichts ändern. Im Gegenteil: Es schafft sogar einige neue… more

Creditors, Debtors, Germany, Insolvency, Restructuring

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Kurt Wolfe

SEC Division of Examinations’ 2023 Priorities

The SEC’s Division of Examinations (the “Division” or “EXAMS”) recently published its annual examination priorities for 2023. The Examination Priorities memorandum sets out key areas the staff will focus on during its… more

Broker-Dealer, Cryptoassets, Environmental Social & Governance (ESG), Fiduciary Duty, FinTech

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Adam Wolfson

Staying Aware of U.S. Competition Legal Issues at a Time of Economic Upheaval

At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Harvey Wolkoff

Settlement of First Delaware PE Busted Deal Case on Eve of Trial

In July 2020, Quinn Emanuel achieved a favorable settlement for its client Advent International in the first scheduled “Busted Deal” trial of the COVID-19 era. The week before trial, the parties reached a settlement in which… more

Coronavirus/COVID-19, Material Adverse Effects, Merger Agreements, Mergers

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Stephen Wood

Questions Clients Are Asking About The Families First Coronavirus Response Act

As more states implement mandatory business closures and quarantine orders as a result of the spread of the novel coronavirus (COVID-19), employers and HR departments are looking for guidance on how to comply with the Families… more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

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Corey Worcester

Congress Expands the SEC’s Disgorgement Powers…In a Defense Spending Bill

Sometimes, the important things are in the fine print. That is the lesson to the securities defense bar, when a sweeping change to the SEC’s disgorgement powers is taking effect after being authorized in section 6501, contained… more

Disgorgement, Enforcement Actions, Equitable Relief, Kokesh v SEC, NDAA

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Michael Zeller

Protecting Cannabis Trademarks in Anticipation of Federal Legalization

As more states legalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Intellectual Property Protection, Marijuana, Marijuana Related Businesses

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Robert Zink

Predictions That The Biden Administration Would Increase Enforcement And Regulatory Actions Proven Accurate; More to Come

Before the 2020 election, many predicted that a Biden administration would take a more aggressive approach to enforcement and regulation than President Trump, particularly in the areas of financial crime and consumer and… more

Biden Administration, Compliance, Corporate Crimes, Deferred Prosecution Agreements, Department of Justice (DOJ)

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Alex Stone Zuckerman

DOJ Charges Former NFT Marketplace Employee with Insider Trading

On June 1, 2022, the United States Attorney for the Southern District of New York unsealed a two-count indictment of Nathaniel Chastain, charging him with wire fraud and money laundering, and accusing him of “insider trading in… more

Department of Justice (DOJ), Digital Assets, Insider Trading, Non-Fungible Tokens (NFTs), Popular

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