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  • Article

    Emergency Equity Raises – Practical Guide For Belgian Companies

    For many companies, 2020 will turn out to be drastically different than expected. The impact of the COVID-19 pandemic is still hard to predict, but there is no doubt that a number of companies...
    BelgiumCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Judgment Creditor Successfully Challenges ‘Uncertain' Arbitration Award In The English Court

    In the recent case of Xstrata Coal Queensland Pty Ltd v Benxi Iron & Steel (Group) International Economic & Trading Co. Ltd (No. 2), the High Court upheld a challenge to an LCIA arbitration...
    United KingdomLitigation, Mediation & Arbitration
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Disclosure And Notification Considerations When Managing A Crisis

    Effectively dealing with a crisis often requires disclosure to government authorities, shareholders, and other stakeholders, even when many facts remain unknown.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SEC Expands The Accredited Investor Definition

    On August 26, 2020, the SEC voted 3-2 to adopt amendments modernizing and expanding the definition of "accredited investor" (AI), which has remained largely unchanged since 1982.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Cross-Border 3.0? CFTC Proposes Revision And Codification Of Cross-Border Swaps Guidance

    On December 18, 2019, the Commodity Futures Trading Commission (the "CFTC" or "Commission"), in a 3 to 2 vote, proposed rules (the "Proposed Rules") that would, if finalized,
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The Next Frontier: Fed Vice Chair Quarles' Proposals To Reform Banking Supervision

    On January 17, the Federal Reserve Board's Vice Chair for Supervision Randal Quarles outlined an ambitious planned reform of the Federal Reserve's approach to banking
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The Conference Of State Banking Supervisors Seeks To Improve Consistency Of FinTech Regulation, But Questions Remain

    Federal regulators generally have more limited statutory jurisdiction.
    United StatesTechnology
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Despite Disagreements, SEC Commissioners Emphasize Need For Clear Disclosure By ESG Funds

    On September 17, 2020, SEC Commissioner Hester Peirce gave a speech that focused on potential issues raised by investment advisers that—while purporting to follow environmental...
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Russian Government Adopts Regulations On Rent Deferrals For Tenants In Light Of Coronavirus Pandemic

    Pursuant to the recently enacted federal law contemplating rent relief for tenants affected by measures to combat the spread of the coronavirus (the "Rent Relief Law")...
    RussiaCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    ISS Issues Additional Voting Policy Guidance In Response To COVID-19 Pandemic

    On April 8, Institutional Shareholder Services ("ISS") published additional guidance on application of its benchmark voting policies amid the COVID-19 pandemic
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Not So Sweet: Delaware Supreme Court Revives Caremark Claim, Provides Guidance On Directors' Oversight Duties

    Last week, the Delaware Supreme Court reversed the Delaware Court of Chancery's dismissal of a Caremark claim[1] that arose out of the Blue Bell ice cream listeria outbreak in the mid-2010s.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Priorities, Trends And Developments In Enforcement And Compliance

    Enforcement of anti-bribery, sanctions and money laundering laws remains a top priority for US authorities.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Key Considerations For Companies In Deciding Whether To Institute Anti-Fraternization Policies

    In recent years, numerous senior executives have resigned or been terminated for engaging in undisclosed consensual relationships with subordinates.
    United StatesEmployment and HR
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Estate Planning During The COVID-19 Crisis

    Because of the difficulty having documents witnessed and notarized while we practice social distancing, a number of Governors have signed emergency orders...
    United StatesFamily and Matrimonial
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SEC Chair Appoints New Members To Executive Staff

    SEC Chair Gary Gensler appointed four new members to the executive staff. New appointees will support policy, enforcement and agency operations.
    United StatesCorporate/Commercial Law
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Response To COVID-19: State Reopening Plans

    In response to the COVID-19 pandemic, non-essential businesses across the United States faced executive orders by state Governors instructing them to close or significantly limit all in-person
    United StatesCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    BIS Expands Export Restrictions On Huawei, Extends Temporary General License

    BIS also extended the temporary general license (TGL) that authorizes certain activities subject to the EAR involving Huawei and its affiliates through August 13, 2020.
    United StatesInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Dealing With An Investigation: Communication

    As such, it is necessary to identify responsibilities and define the structure of communications at the outset of the investigation.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    FINRA Issues Regulatory Notice 20-08 Providing Guidance And Regulatory Relief To Members Addressing COVID-19 Pandemic

    On March 9, 2020, the Financial Industry Regulatory Authority (FINRA) updated its guidance for broker-dealers' pandemic-related business continuity plans (BCPs) and ...
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The Dilemma Of The Part-Time DPO – Lessons Learned From The Proximus Decision Of The Belgian Data Protection Authority

    On April 28, 2020, the Belgian data protection authority (the Gegevensbeschermingsautoriteit / Autorité de protection des données, the "Belgian DPA"), handed down a decision imposing a €50,000...
    United StatesPrivacy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP

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