SECURITIES DISMISSALS IN LIFE SCIENCES SECTOR
LIABILITY RISKS UNDER HELMS-BURTON ACT
SEC GUIDANCE AND PROXY SEASON
HKEX REFORMS, ONE YEAR IN
US M&A ACTIVITY
We examine two recent Bankruptcy Court decisions, one in New York regarding enforcement of prepayment premiums and another in Delaware about whether and when derivative claims on behalf of Delaware alternative entities may be asserted in bankruptcy.
ANONYMOUS ONLINE SPEECH
In Malouf, Tenth Circuit Applies Supreme Court’s Lorenzo Decision
Malouf v. SEC is the first post-Lorenzo circuit court case to address whether a knowing failure to correct another’s material misstatements can trigger liability under Rule 10b-5. Malouf was decided in the context of an SEC enforcement action and therefore does not necessarily reflect how Lorenzo may apply in a private action context. Nevertheless, plaintiffs may point to Malouf to suggest that Lorenzo broadened the universe of parties with potential Rule 10b-5 exposure.
SEC Proposes to Modernize Business, Legal Proceeding and Risk Factor Disclosure Requirements Under Regulation S-K
On August 8, 2019, the SEC announced proposed amendments to modernize the rules requiring description of business, legal proceeding and risk factor disclosures pursuant to Regulation S-K. The amendments are intended to improve the readability of disclosures for investors and simplify compliance requirements for companies.
UK Employment Flash — August 2019
In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including the Court of Appeal's ruling regarding pay for fathers or other caregivers taking shared parental leave, new government fines that have been imposed for data breaches and a European Court of Justice requirement that employers set up a system to record employees' actual working time.