Searching Content indexed under Contracts and Commercial Law by Shearman & Sterling LLP ordered by Published Date Descending.
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Southern District Of New York Dismisses Putative Class Action Against Digital Services Company For Failure To Adequately Allege Misstatements And Scienter
On August 28, 2019, Judge Lorna G. Schofield of the United States District Court for the Southern District of New York dismissed a putative class action against the digital services and development company Synacor, Inc. ...
United States
5 Sep 2019
Second Circuit Finds New Private Right Of Action Under Investment Company Act Of 1940
Rejecting a widely-held consensus, on August 5, 2019, the United States Court of Appeals for the Second Circuit held that Section 47(b)(2)
United States
5 Sep 2019
Securitization As An Integral Part Of A Corporate Capital Structure
On behalf of Latham & Watkins, I would like to thank Global Legal Group for their efforts in publishing the 12th edition of The International Comparative Legal Guide to: Securitisation
United States
19 Jun 2019
9 Data Considerations For Investment Management Attorneys
The volume and variety of data available today is growing at a staggering pace, and costs of data storage and processing continue to fall.
United States
20 Mar 2019
UK Prudential Regulator Consults On Rule Changes And Onshoring Of Binding Technical Standards For Brexit
On October 25, 2018, the U.K. PRA published a consultation paper entitled "UK withdrawal from the EU: Changes to PRA Rulebook and onshored Binding Technical Standards."
European Union
9 Nov 2018
US Commissioner Quintenz Speaks On Smart Contract Regulation
On October 16, 2018, CFTC Commissioner Brian Quintenz gave a wide-ranging speech at the GITEX Technology Week Conference in Dubai.
United States
1 Nov 2018
Financial Regulatory Developments Focus - Oct 25, 2018 Issue 42/2018
On October 3, 2018, the U.S. Federal Reserve, FinCEN, OCC, FDIC and NCUA released an interagency statement regarding the sharing of Bank Secrecy Act ...
United States
30 Oct 2018
Second Circuit Amends But Arguably Weakens The "Meaningfully Close Personal Relationship" Test For Tips In Insider Trading Cases
On 25 June 2018, a divided three-judge panel of the Second Circuit amended its decision in United States v. Martoma (covered previously in this newsletter) ...
United States
30 Oct 2018
A Comparison Of Divisive Merger Statutes In Delaware And Texas
Effective August 1, 2018, the Delaware Limited Liability Company Act (DLLCA) was amended to include a new divisive merger statute.
United States
29 Oct 2018
IRS Announces Study Of Active Trade Or Business Requirement For Spin-Off Transactions
On September 25, 2018, the IRS announced that it is undertaking a study regarding the application of the five-year active trade or business requirement of Section 355(b) ...
United States
12 Oct 2018
EU Contracts For Difference Product Intervention Measures To Be Extended
On September 28, 2018, ESMA announced that its various restrictions on the sale, distribution and marketing of Contracts for Difference ...
European Union
10 Oct 2018
Third Circuit Allows Putative Class Action To Proceed Against Investment Services Provider, Finding Breach Of Contract Claim Not Barred Under SLUSA Where Alleged Misrepresentations Were Objectively Immaterial To Plaintiffs And The Claim Asserted
On September 4, 2018, the United States Court of Appeals for the Third Circuit affirmed the partial denial of a motion to dismiss a putative class action against investment services provider Vanguard Group (the "Company").
United States
12 Sep 2018
European Commission Confirms No Issue With Contract Continuity On A Hard Brexit
The European Commission today published a communication addressing the possible consequences of a hard Brexit.
European Union
25 Jul 2018
Southern District Of New York Denies Class Certification For Failure To Satisfy Predominance Prong Of Rule 23(b)(3)
On April 17, 2018, Judge Katherine Polk Failla of the United States District Court for the Southern District of New York denied class certification in an action asserting claims for breach of contract...
United States
25 Apr 2018
Legal Structure Of Business Transfers
Having assessed their existing legal entity structure, client base, and options for remaining in the U.K., firms wishing to maintain current delivery methods to EU customers ...
United States
19 Mar 2018
Continuity Of Contracts And Business On A "Hard" Brexit: Human Rights And Reverse Solicitation To The Rescue!
Various industry bodies and regulators, including the Bank of England and Bafin, have recently raised fears that there will be a cliff edge on Brexit for certain types of financial contract...
European Union
7 Nov 2017
FCA Policy Statement On The Prohibition Of Restrictive Contractual Clauses
On 27 June 2017, the FCA published a policy statement (PS17/13) outlining new rules to be added to the FCA Handbook to prohibit contractual clauses that restrict competition without providing clear benefits...
2 Aug 2017
Transacting Business During A Corruption Investigation
The number and magnitude of recent corruption investigations, particularly in Latin America, have raised questions about the implications for those doing business with entities ensnared in these investigations.
United States
18 May 2017
US Federal Deposit Insurance Corporation Proposes Rule Regarding Recordkeeping Requirements For Qualified Financial Contracts
On December 13, 2016, the FDIC released a notice of proposed rulemaking that proposed amendments to its rule regarding recordkeeping requirements for qualified financial contracts (QFCs) (12 CFR Part 371).
United States
17 Feb 2017
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