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Whether an arbitrator may certify an arbitration class binding non-parties who signed an arbitration agreement authorizing an arbitrator to determine whether the agreement permits class procedures.

Heightened federal scrutiny into Chinese issuers, as well as sustained private investor litigation against such companies, has led to commentary that the U.S. capital markets are becoming less...

The unprecedented restrictions on travel caused by the COVID-19 crisis may have an impact for non-UK companies who are seeking to be, or not to be, UK tax resident. This note considers that impact...

On January 10, 2020, the U.S. Department of Justice and Federal Trade Commission (the "Agencies") released their long-awaited draft Vertical Merger Guidelines for public comment.

On Wednesday, March 11, 2020, the California Attorney General released a second set of modifications (the "March Revisions") to the proposed regulations implementing the California...

The final rule will have significant implications for banking organizations as well as those structuring investments by or into banking organizations.

Global Crisis Management Series: This post is part 9 in a series concerning topics further elaborated on in Cleary Gottlieb's Global Crisis Management

The FTC also invited responses to a set of questions to inform future regulatory changes, suggesting that even more sweeping changes could be coming.

On September 17, 2020, the Commodity Futures Trading Commission ("CFTC") unanimously approved three final rules to overhaul its regulations for real-time public reporting...

Over the last few weeks, there has been a flurry of activity at the Committee on Foreign Investment in the United States (CFIUS).

In its Prior Opinion, the Fifth Circuit vacated and remanded the Bankruptcy Court's order for reconsideration.

On July 1, 2020, the Milan Chamber of Arbitration (Camera Arbitrale di Milano or "CAM"), Italy's main arbitral institution, adopted a number of measures to help enterprises navigating the Covid-19...

On October 11, 2020, the EU Foreign Direct Investment Regulation—which establishes a European framework for the screening of foreign investments into the European Union— entered into force.

Choices made at the outset of a crisis can play a critical role in a company's ability to maintain future privilege claims. Recent cases highlight the risks of:

On July 22, 2020, by a 3-2 vote, the Commodity Futures Trading Commission (CFTC) adopted final rules establishing capital and financial reporting requirements for swap dealers (SDs)...

On September 11, 2020, the SEC issued final rules updating and codifying the disclosure requirements for banks, domestic and foreign bank holding companies, savings and loan holding companies...

On June 21, 2019, the SEC adopted final rules that set forth: (1) capital and margin requirements for security‑based swap dealers and major SBS participants for which there is not a Prudential Regulator; ...