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  • Article

    FDIC Proposes Comprehensive Overhaul Of Brokered Deposit Regulation

    On December 12th, 2019, the Federal Deposit Insurance Corporation's ("FDIC's") Board of Directors approved a notice of proposed rulemaking.
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Ninth Circuit's Stay Of Mandate In Patel v. Facebook, Inc.

    Whether plaintiffs' invasion of privacy claims are sufficient to support standing where the alleged violations did not result in physical harm or the loss of money or property.
    United StatesPrivacy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The DASHBOARD Act – Proposed New Law Would Force Large Technology Companies To Disclose The Value Of Users' Data

    On June 24th, Senators Mark Warner (D-VA) and Josh Hawley (R-MO) introduced a bill that would require large technology companies to regularly disclose to their users and the SEC the value of the user data they collect and monetize.
    United StatesPrivacy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The Executive Pay Dilemma

    Executive pay in the midst of the pandemic presents an obvious dilemma. On the one hand, it would be a stretch to blame fairly management teams for most of the adverse financial performance that will stretch...
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Decision In Ward v. Apple Inc. (Ninth Circuit)

    Whether the district court abused its discretion in denying class certification without conducting the "rigorous analysis" required by Comcast Corp. v. Behrend, 569 U.S. 27 (2013), based on the plaintiff 's failure to provide ...
    United StatesLitigation, Mediation & Arbitration
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    OCIE Risk Alert Reinforces Key Focus Areas For Private Funds

    This appears to us to be an effort to prompt private fund sponsors to review and enhance their processes or face enforcement referrals and investigations.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Latest Practical Guidance For Belgian Employers In Respect Of COVID-19

    As of noon on March 18, 2020, the Belgian federal and regional governments imposed a set of reinforced measures for the entire country to address the COVID-19 crisis.
    BelgiumCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    UK Court Of Appeal Says Risk Of U.S. Secondary Sanctions Is A "Mandatory Provision Of Law" Excusing Non-Payment

    The Court of Appeal confirmed that a borrower under a Tier 2 facility agreement was excused from making payments because of the risk of U.S. secondary sanctions.
    GlobalInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Families First Coronavirus Response Act: Paid Sick Day Mandate And Expanded FMLA Protections For Employees Of Small Employers

    On March 18, 2020, the United States Congress approved, and President Trump signed into law, the Families First Coronavirus Response Act (the "FFCRA") in response to the global COVID-19 pandemic.
    United StatesCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Coronavirus & Postponing/Adjourning Annual Meetings

    In light of the growing concern about COVID-19 in the United States and globally, the U.S. Centers for Disease Control and Prevention and other public health officials have recommended cancelling large, in-person gatherings for the next several weeks.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    CFTC Finalizes New Cross-Border Swap Rules, But How Much Has Changed?

    On July 23, 2020, the Commodity Futures Trading Commission (the "CFTC"), in a 3 to 2 vote, finalized rules (the "Final Rules") that superseded certain aspects of the CFTC's previous policy...
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    BIS Tightens National Security Export Controls

    The U.S. Department of Commerce, Bureau of Industry and Security (BIS) published two final rules and one proposed rule that will result in tighter restrictions.
    United StatesIntellectual Property
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    BIS Issues Long-Awaited Request For Public Comment On Foundational Technologies

    On August 27, 2020, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued an advance notice of proposed rulemaking (the ANPRM)
    United StatesInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Egypt Continues Reform Of The Securities Offering Regime Ahead Of Contemplated SOE Listings

    While public offerings of shares can comprise of new or existing securities, private placements must relate to existing securities.
    EgyptCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Board Composition And Shareholder Proposal Highlights

    We foresee investors continuing to both refine and expand their demands on corporate boards in 2020.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    2019 Cybersecurity Developments: A Year In Review

    In 2019, boards and senior management across a range of industries continued to cite cybersecurity as one of the most significant risks facing their companies.
    United StatesPrivacy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    German Federal Court Of Justice Provisionally Finds Facebook's Data Collection Practices Abusive

    On June 23, 2020, the Federal Court of Justice ("FCJ") overturned the Düsseldorf Court of Appeals' ("DCA") interim
    GermanyAntitrust/Competition Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Appraisal Update: Unaffected Market Price Makes A Comeback

    After the Delaware Supreme Court's recent Aruba decision, many commentators predicted that, going forward, the Court of Chancery would not rely on the target's unaffected market trading price to determine fair value ...
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Guidance On Navigating The Atlassian Term Sheet: Understanding The Substantive Implications Behind The Virtues Of Standardization In M&A

    Standardization can be a virtue and one that M&A lawyers, likely due to self-interest and ego, sometimes resist.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    SEC Proposes Amendments To Rules On Financial Disclosures For Acquisitions And Dispositions

    On Friday, the SEC proposed extensive amendments to the rules governing financial disclosures by registrants about businesses they buy or sell.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP

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