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Accrued Knowledge

Cybersecurity, Boards and Cyber-Board “Experts”: Caution Should Rule

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A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity.  Many public companies foist this additional burden on the audit committee.   Those large enough to have a risk committee frequently allocate it there.  Read More

AntitrustWatch Blog

Buckle up for Japan’s new plea bargaining!

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Over the past decade, the Japan Fair Trade Commission (JFTC) has increased its criminal enforcement of Japan’s antitrust law, the “Act on Prohibition of Private Monopoly and Maintenance of Fair Trade,” commonly known as the Anti-Monopoly Act.  This trend is Read More

Derivatives in Review

Novo Banco and CDS – A Post-Mortem

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In 2014, the International Swaps and Derivatives Association, Inc. (“ISDA”), published the 2014 ISDA Credit Derivatives Definitions (the “Definitions”), which updated the 2003 ISDA Credit Derivatives Definitions.[1] One of the most significant changes in the Definitions was the inclusion of Read More

Distressed Download

Monoline Insurer Challenges Puerto Rico’s Moratorium Law

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On June 15, 2016, National Public Finance Guarantee Corporation, an indirect subsidiary of MBIA Inc. (“NPFG”) commenced an action in the United States District Court for the District of Puerto Rico against the Governor of Puerto Rico and certain other Read More

Employment Law and Litigation Blog

Labor Laws and Federal Contracting Intersect: How Universal Health Systems Could Subject Federal Contractors to False Claims Act Liability

This post was drafted with contribution from Annie Prasad, law clerk. The Supreme Court has made federal contracting more treacherous by extending the reach of False Claims Act (“FCA”) liability.  While the decision related to FCA liability for misrepresentations related Read More

Equal Pay Pulse

White House Announces “Equal Pay Pledge” to Coincide with United State of Women Summit

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The federal government announced yesterday that it was stepping up its equal pay efforts.  Coinciding with “The White House United State of Women” summit being held in Washington D.C., the White House announced several initiatives including new Department of Labor Read More

Financial Industry Review

ESMA Publishes Responses to its Discussion Paper on UCITS Share Classes

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The European Securities and Markets Authority (“ESMA“) has published the responses received to the Discussion Paper on UCITS share classes. The UCITS Directive recognizes the possibility for UCITS to offer different share classes to investors but it does not prescribe Read More

Policyholder Insider

Renowned Intellectual Property Jurist Restricts Applicability of IP Exclusion

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A company facing IP-related claims might not look to its CGL policy (or other policies) for coverage. However, a recent decision from a leading voice on intellectual property suggests taking a closer look at the allegations and the policy. Last Read More

NorCal IP Blog

Insurance Policies and IP: Don’t Exclude a Closer Look Because of an IP Exclusion Clause

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Courts often narrowly interpret insurance policy exclusions in favor of policyholders. Coverage may not always be available for many patent and other IP claims, but companies facing IP-related claims should not automatically assume that their commercial general liability policies will Read More

Securities Litigation, Investigations and Enforcement

New Appointment Underscores SEC’s Focus on Cybersecurity Threats

On June 2, 2016, the SEC announced the appointment of Christopher Hetner as Senior Advisor to the Chair for Cybersecurity Policy.  Hetner, who was formerly the Cybersecurity Lead for the Technology Control Program within the SEC’s Office of Compliance Inspections Read More

Orrick Total Access

When do you need a 409A Valuation?

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We understand that the last thing any start-up wants to worry about is the taxes and legal side of running a business. It’s easy to let tax considerations slide when you have so many other things to worry about, like Read More

Trade Secrets Watch

Early Returns (Part 2 of 2): The DTSA Lifts Off

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(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for a while on TSW. It was only Read More

Orrick Trust Anchor: Trends in Cybersecurity, Data Privacy, Compliance.

A Shifting Cybersecurity Landscape in the European Union

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Orrick Attorneys Aravind Swaminathan, Kolvin Stone and Christian Schröder recently discussed how impending changes to EU data privacy laws will fundamentally change how European companies respond in the face of a cyber attack or data breach.  The article examines the Read More