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Insights on M&A, litigation, and corporate governance in the US.

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Freshfields team authors step-by-step approach to common privacy issues that arise in investigations in GIR’s newest data privacy publication

US privacy law doesn’t come up often in US investigations—but that doesn’t mean you can ignore it. Well-known laws like HIPAA arise in healthcare investigations all the time. Gramm-Leach-Bliley comes ...

Author(s): Peter Jaffe, Jillian Simons, Allie Bian

  • cybersecurity
  • data protection
  • investigations

New SEC order serves as a reminder for in-house legal teams about internal procedures during preliminary merger discussions

On October 15, 2020, the SEC announced a $20 million fine and cease-and-desist order based on allegations that an NYSE-listed company had entered into a 10b5-1 buyback program in the midst of prelimin...

Author(s): Ethan Klingsberg

  • m&a
  • corporate
  • capital markets and securities

Ninth Circuit securities ruling deepens split with Eleventh Circuit on corrective disclosures in shareholder lawsuits

On October 8, 2020, a new Ninth Circuit ruling deepened a circuit split over whether allegations in another civil lawsuit could constitute a corrective disclosure in a securities fraud class action. [...

Author(s): Boris Feldman, Doru Gavril, Elise Lopez, Drew Liming

  • litigation

Can the Failing Firm Defense Save a Deal in the Covid Era?

Covid-19 has had a staggering impact on the U.S. economy in just eight months. Businesses large and small are struggling to stay afloat, with over 3,600 Chapter 11 bankruptcy filings in the first half...

Author(s): Julie Elmer, Meredith Mommers

  • antitrust and competition
  • m&a
  • covid-19

Practical insights into incorporating new human capital management disclosures into a company's annual reports on Form 10-K

On August 26, 2020, the United States Securities and Exchange Commission (SEC) adopted final amendments under Regulation S-K as part of a Disclosure Effectiveness Initiative to modernize and improve c...

Author(s): Elizabeth Bieber, Doru Gavril, Lori Goodman, Pamela Marcogliese, Maj Vaseghi, Sarah Ghulamhussain

  • executive compensation
  • corporate governance
  • litigation

Is Antitrust Reform on the Horizon? The Implications of the House Committee’s “Big Tech” Report

Antitrust has seized US policymakers’ attention like no other time in the last 40 years. The latest evidence of this newfound attention came earlier this week. On Tuesday, the Democratic Majority Staf...

Author(s): Andrew Ewalt, Jan Rybnicek, Daphne Lin

  • antitrust and competition

Changes to shareholder proposal eligibility rules: What companies can expect from the new rules

Going into the 2022 annual meeting season, shareholder proposal eligibility criteria under Rule 14a-8 is going to change.[1] On September 23, 2020, the SEC released final rules amending Rule 14a-8 – t...

Author(s): Elizabeth Bieber, Andrea Basham, Jack Liechtung

  • corporate governance
  • capital markets and securities
  • corporate

Part II: Section 230 and Proposals for Revision – Some Critical Commentary on Executive Branch Updates

Yesterday we reviewed the history of Section 230, which has provided online platforms safe harbor from liability over content posted by third parties on their sites, and the cases leading to its creat...

Author(s): Jillian Simons, Menachem Kaplan, Peter Jaffe, Xanthia Hargreaves

  • social media
  • technology media and telecoms
  • us

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