31 Mar News SEC Begins Identifying Public Companies Under The Holding Foreign Companies Accountable Act publications / POSTED BY Morgan Lewis Per the Holding Foreign Companies Accountable Act, the US Securities and Exchange Commission has begun identifying public companies that retained audit firms that the Public Company Accounting Oversight Board has determined it cannot inspect completely due to a position taken by the authorities in a foreign jurisdiction. Read More
25 Mar News Russian Sanctions Could Impact IP Holdings in Russia and Eurasia publications / POSTED BY Duanne Morris The U.S. government has enacted a myriad of new sanctions through executive orders that prohibit U.S. and non-U.S. companies from engaging in a wide range of activities with numerous government-related and private entities and individuals in Russia, Belarus and parts of Ukraine. Read More
17 Mar News FDA Issues Final Guidance on Initiation of Voluntary Recalls publications / POSTED BY Duanne Morris On March 4, 2022, FDA issued a final guidance to industry and FDA staff regarding the initiation of voluntary recalls under 21 CFR part 7, subpart C. The guidance applies to voluntary recalls of products subject to FDA’s jurisdiction, including any: Read More
10 Feb News Singapore and Pacific Alliance Sign Free Trade Agreement publications / POSTED BY Duanne Morris On January 26, 2022, the Pacific Alliance and Singapore signed the Free Trade Agreement (Agreement) at the 16th Summit of the Pacific Alliance. With the signature of the Agreement, Singapore became a member state of this international organization, whose members are Colombia, Chile, Mexico and Peru. Read More
10 Feb News When Is A Guaranty Claim Reduced By Recovery In A Debtor’s Bankruptcy Case? publications / POSTED BY Morgan Lewis Consider a lender that extends a term loan in the amount of $1 million to an entity debtor. The loan is guaranteed by the debtor’s owner. If both the debtor and the guarantor become subject to bankruptcy cases, it is settled that the lender has a claim of $1 million (ignoring interest and expenses) in each bankruptcy case. However, the lender cannot recover more than $1 million in total in the two cases combined. (Ivanhoe Building & Loan Ass'n of Newark, NJ v. Orr, 295 U.S. 243 (1935).) Read More
09 Feb News OFCCP Contractor Portal Is Live, Contractors Must Certify AAP Compliance by June 30 publications / POSTED BY Duanne Morris On February 1, 2022, the U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) officially launched its new contractor certification portal. Read More
01 Feb News FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act publications / POSTED BY Duanne Morris On January 24, 2021, the Federal Trade Commission (FTC) announced increases to the jurisdictional thresholds for premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act). The FTC adjusts the thresholds annually, consistent with changes to gross national product. The announced changes will apply to transactions closing on or after February 23, 2022, which is 30 days after the revised thresholds were published in the Federal Register. Read More
01 Feb News Resolution n. 2 - LGPD for startups and small size companies publications / POSTED BY Azevedo Sette Advogados The Brazilian Data Protection Authority (known as ANPD) published on January 28 its Resolution nº 2 regarding the application of the LGPD requirements for small size processing agents, which includes small businesses and startups that process personal data. Read More
01 Feb News FDI Screening Alert: Germany Broadens Definition Of ‘Critical Infrastructures’ publications / POSTED BY Morgan Lewis The second amendment of the Ordinance on the Designation of Critical Infrastructures under the BSI Act entered into effect on January 1, 2022. Such amendment broadens the definition of “critical infrastructures,” which are of particular relevance for Germany’s foreign direct investment screening regime. Read More
31 Jan News Colorado Enacts Legislation Authorizing Potential Criminal Liability for Employers that Violate State Noncompetition Statute publications / POSTED BY Duanne Morris A new Colorado law, effective March 1, 2022, will make violations of the state’s noncompetition statute a Class 2 misdemeanor punishable by 120 days in jail, a fine up to $750, or both. Read More
