Shareholder Activism Trends
Political uncertainty, unsettled questions on trade and tariffs, and the late 2018 market correction potentially foreshadowing a downturn are all factors to watch in 2019. How activist shareholders respond to a changing landscape remains to be seen, but regardless of what happens with the economy and geopolitics, recent trends in the industry indicate there are various ways companies and boards can expect to engage with activist investors.
California Privacy Law and Class Actions
The California Consumer Privacy Act will be effective in January 2020. As the business community prepares to meet the new burdens that are about to govern America’s largest jurisdiction, in-house legal, privacy and compliance teams should pay special attention to the law's novel "cure" provision.
Is FTC's Tech Task Force Here to Stay?
The FTC Bureau of Competition's new Tech Task Force will focus on three areas: anti-competitive conduct, prospective mergers and consummated mergers. The task force's creation highlights the attention regulators are paying on the tech industry and is likely the first step in the creation of a permanent division devoted to the sector.
What's Next in China Trade War?
Some form of trade agreement between the U.S. and China appears imminent, but significant questions remain on whether the terms of agreement will address the systemic concerns expressed by the U.S. and be effectively enforced.
Social Media, Technology and Privacy Laws in E-Discovery
E-discovery is transforming in nuanced ways as new forms of technology emerge and privacy concerns increasingly are implicated. To effectively, and ethically, engage in e-discovery, practitioners must stay apprised of cutting-edge technology in this area and the associated changing legal landscape.
Leveraged Loan Market Shows Signs of Rebound
Indications of recovery in the first quarter of 2019 pointed to growing stability in the syndicated loan market after a tumultuous end of 2018. However, side effects of the turbulence remain, with loan issuance off to a hesitant start in 2019 and higher interest margins discouraging refinancing and repricing activity.
Employers Monitor Reinstated Wage Data Mandate
Employers are closely watching a recent federal district ruling that reinstated an Obama-era rule requiring large employers to collect and annually report wage data by gender, ethnicity and race to the EEOC. Employers awaiting the judge’s decision on the final deadline for reporting wage data should begin the significant effort of preparing it.
SEC Provides Limited Guidance on Auditor Independence
The SEC recently reaffirmed that auditor independence remains one of its areas of focus. As part of its efforts to improve its guidance, the agency should consider making its specific guidance publicly available.
Getting the Deal Through: Market Intelligence - Project Finance 2019 (United States)
Partner David Armstrong, counsel Megan Kultgen and associate Sarah Kalin review recent trends and developments in U.S. project finance.
A Guide to Redacting Commercially Sensitive Information From Exhibits Filed With the SEC
Amended rules requiring material agreements to be filed as exhibits to reports and registration statements with the SEC now permit the redaction of immaterial and commercially sensitive terms from filed agreements without a confidential treatment request. This guide outlines the amended rules and the process companies should follow to prevent the public disclosure of information redacted from their exhibits.
Trump Administration Limits US Purchase and Use of Certain Technology From Foreign Adversaries, Sale of US Technology to Huawei
Two new Trump two initiatives are aimed at addressing U.S. national security risks arising from the use of non-U.S. technology generally, with a particular focus on Huawei.