Presentations (2872)
February 2016 Alert Technology & Intellectual Property Key Technology and Privacy Trends for 2016 Barry Fishley 2016 is set to be a year of change with the introduction of a raft of legislation which will impact all organisations, including most notably, technology-focused companies. Of particular note will be the much-awaited General Data Protection Regulations and the Network and...
February 16, 2016 Heads Up for the 2016 Proxy Season Companies See Victory on Excluding “Substantially Implemented” Proxy Access Proposals Companies that have adopted proxy access and those that are considering whether, and on what terms, to adopt proxy access now have greater clarity on when they may exclude proxy access proposals submitted by shareholders. The Staff of the...
CLIENT MEMORANDUM Third Circuit Holds Non-Cash Consideration – Such As “No Authorized Generic” Agreements – Can Constitute Unlawful “Pay For Delay” June 29, 2015 First appellate court decision applying FTC v. Actavis (S.Ct. 2013). Court finds rule of reason analysis should be applied where non-cash consideration – including...
CLIENT MEMORANDUM Closing Your M&A Deal on a Weekend October 28, 2015 In case you are wondering – no, this is not about making the closing more festive, or planning for a champagne celebration after the closing. As companies think about the timing of the closing, several key drivers are leading both the buyer and the seller to strongly prefer a month-end closing (which could...
CLIENT MEMORANDUM UK Takeover Code – Offer-Related Arrangements and Equality of Information to Competing Offerors October 13, 2015 Introduction The UK Takeover Panel has published two new Practice Statements on offer-related arrangements and the equality of information to competing offerors for the purposes of obtaining regulatory consents. On 8 October 2015, the Panel published...
CLIENT MEMORANDUM UK Takeover Code – Dividends, Acting in Concert and Restrictions and Suspensions of Voting Rights October 30, 2015 Introduction The UK Takeover Panel has recently confirmed a number of amendments to the UK Takeover Code in three Response Statements to its public consultations earlier this year. On 23 October 2015, the Panel published:  Response Statement...
U.S. Bank Regulators’ Uncleared Swap Margin, Capital and Segregation Rules November 12, 2015 Davis Polk & Wardwell LLP © 2015 Davis Polk & Wardwell LLP | 450 Lexington Avenue | New York, NY 10017 This communication, which we believe may be of interest to our clients and friends of the firm, is for general information only. It is not a full analysis of the...
CLIENT MEMORANDUM European Regulatory Snapshot: FCA consultation on implementation of the Market Abuse Regulation November 19, 2015 Introduction The Market Abuse Regulation (MAR) 1 will have direct application in the Member States of the EU from 3 July 2016, replacing both the previous Market Abuse Directive (MAD) 2 and implementing national legislation in Member States. In particular, the UK...
CLIENT MEMORANDUM White Collar Update: The Department of Justice Incorporates Yates Memo’s Focus on Individual Prosecutions into U.S. Attorneys’ Manual December 1, 2015 1 On November 16, 2015, Deputy Attorney General Sally Quillian Yates gave a speech regarding the implementation of the Department of Justice’s recent policy initiatives to facilitate the prosecution...
CLIENT NEWSFLASH Congress Poised to Pass Legislation to Facilitate Capital Formation December 2, 2015 Yesterday, conference committee members for the House and Senate agreed on a five-year transportation bill. While this type of legislation is rarely of interest to participants in the capital markets, the bill includes several provisions that will improve upon the JOBS Act and facilitate capital...
CLIENT MEMORANDUM Thinking About Indemnity and Insurance Protections in Light of the “Yates Memo” December 3, 2015 On November 16, 2015, Deputy Attorney General Sally Quillian Yates gave a speech regarding the implementation of the Department of Justice’s recent policy initiatives to facilitate the prosecution of individuals in corporate cases outlined in the...
CLIENT MEMORANDUM European Commission Proposal for a New EU Prospectus Regulation December 4, 2015 Introduction On November 30, 2015, as part of its Capital Markets Union action plan to lower barriers to accessing capital markets across the European Union, the European Commission published a proposal for a new European Prospectus Regulation which is intended to repeal and replace the...
CLIENT MEMORANDUM White Collar Update: Second Circuit Grants Jefferies Bond Trader New Trial on Securities Fraud Counts, Reverses Others December 10, 2015 On December 8, 2015, the U.S. Court of Appeals for the Second Circuit overturned the conviction of Jesse Litvak, a former Jefferies & Company (“Jefferies”) bond trader, for charges relating to misrepresentations he...
CLIENT MEMORANDUM Class Action Update: Supreme Court Reaffirms Enforcement of Class Arbitration Waivers December 15, 2015 On December 14, 2015, the U.S. Supreme Court issued its decision in DIRECTV v. Imburgia. 1 The Court reversed a decision of the California Court of Appeal that had refused to enforce an arbitration agreement that included a waiver of class arbitration. By holding that courts...
