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  • Article

    Regulators Offer Fresh Guidance On Using Real-World Data To Support Regulatory Decisions

    Further EMA pilot studies that are slated to begin running in 2022 include providing the first catalogue of RWD sources.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    IRS Tries To Change The Rules On Research Credit Refund Claims

    On Friday, October 15, 2021, the IRS Office of Chief Counsel published a memorandum purporting to answer the question of what a taxpayer must include in a claim for refund relating to the I.R.C. § 41 Credit for Increasing Research Activities.
    United StatesTax
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Another Section 220 Landmine: Opportunistic Third-Party Challenges To Confidentiality

    Delaware Section 220 corporate books and records inspection demands have long been a precursor to stockholder litigation.
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Court Concludes Government Agencies Cannot Categorize Regulatory Violations As Material As A Matter Of Law

    On January 7, 2022, a district court in the Western District of Kentucky dismissed DOJ's implied false certification theory relating to allegedly medically unnecessary genetic tests...
    United StatesGovernment, Public Sector
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Third Circuit Adopts The Seventh Circuit's Voluntary Dismissal Standard For Evaluating Granston Motions To Dismiss

    On October 28, 2021, the Third Circuit affirmed a district court's grant of the United States' motion to dismiss—over the relator's objection—a qui tam alleging that the defendant had caused hospitals...
    United StatesLitigation, Mediation & Arbitration
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Guarding Its Turf: SPAC-Related Chancery Opinion May Force Companies To Defend Disclosure-Based Claims On Multiple Fronts

    Companies that have endured a corporate trauma are often faced with a two-headed monster of litigation: first, a federal securities class action, typically alleging that misstatements or omissions inflated...
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    U.S. And Foreign Cybersecurity And Intelligence Agencies Recommend Measures To Counteract Threat Of Russian Cyberattacks

    On January 11, 2022, the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA) recently released a joint Cybersecurity Advisory...
    United StatesTechnology
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Climate Change Litigation – Recent Developments

    In the absence of mandatory federal limits on greenhouse gas emissions, states and advocacy groups have turned their attention to the courts to achieve their goals. Three recent decisions provide an indication of what is to come.
    United StatesEnergy and Natural Resources
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Is Your Supply Chain Ready For The EU’s RoHS Directive?

    This update addresses one of the biggest challenges to supply chain management in years: compliance with the European Union’s Directive on the Restriction of Use of Certain Hazardous Substances (RoHS) in electronics and electrical equipment that comes into force on July 1, 2006.
    United StatesEnvironment
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    New Pharmacy, Same Result: Seventh Circuit Holds That Objective Reasonableness Dooms "Usual And Customary" Pricing Case

    On April 5, 2022, in a 2-1 decision, the Seventh Circuit applied the precedent it set in United States ex. rel. Schutte v. SuperValu Inc., 9 F.4th 455 (7th Cir. 2021)...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    U.S. Department Of Commerce Expands Controls On Biotech Software In Final Rule

    On October 5, 2021, the U.S. Department of Commerce, Bureau of Industry and Security, published a final rule amending the Export Administration Regulations to include controls on certain biotechnology-related software, ...
    United StatesGovernment, Public Sector
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    SEC Encourages Self-Reporting Of Recordkeeping Violations Resulting From Employees' Use Of Personal Devices For Business Communications

    On December 17, 2021, the U.S. Securities and Exchange Commission announced settled charges against a broker-dealer firm for recordkeeping violations arising from its employees' use of personal devices for business communications.
    United StatesPrivacy
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    11th Circuit Holds Eighth Amendment Applies To FCA Monetary Awards In Non-Intervened Cases

    The Eleventh Circuit recently held that the Eighth Amendment's prohibition on excessive fines applies to monetary awards in non-intervened FCA actions—the first federal court of appeals directly to address...
    United StatesLitigation, Mediation & Arbitration
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    ECHR Ruled On Monitoring Of Employee's Electronic Communication

    The case was originally brought by Bogdan Mihai Bărbulescu, who argued his employer had breached his right to privacy by monitoring his electronic communications.
    European UnionPrivacy
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Corwin Cleanse Clarified: Key Lessons For Interested Directors

    Since Corwin v. KKR Financial Holdings LLC, Delaware courts have adhered to the proposition that "when a transaction not subject to the entire fairness standard is approved by a fully informed...
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Delaware Court Enjoins Shareholder Meeting For Disclosure Violations

    The Delaware Chancery Court recently issued a rare preliminary injunction delaying the shareholder vote on a proposed merger between QAD...
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    More Pushback To Disclosure-Only Settlements

    The cases are very rarely litigated, allowing plaintiff lawyers to collect fees for limited effort and little risk.
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Texas Supreme Court Holds Texas Commission On Environmental Quality Definition Of "Operator" Controls Over Judicial Interpretation

    On February 11, 2022, the Supreme Court of Texas issued its opinion in Texas Environmental Quality et al. v. Maverick County, et al., a case that addressed the meaning of the term "operator" in the context of the application ...
    United StatesEnvironment
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    New EU Legislation On Clinical Trials

    The European Commission has recently adopted a new Directive of importance to companies conducting clinical trials in the EU
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Investment Management Update: Client Alert Regarding New Publication Requirements

    On February 3, 2006, New York State enacted Senate Bill No. 85-A, which amends publication requirements pertaining to (1) domestic and foreign limited liability companies, (2) domestic and foreign professional service limited liability companies, (3) domestic and foreign limited partnerships and (4) domestic and foreign limited liability partnerships.
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP

Showing 141–160 of 257 results

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