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This Week in FCPA-Episode 31, the Government Speaks edition [Video]

Show Notes for Episode 31, week ending December 2, 2016-the Government Speaks edition 1. Justice Department Assistant Attorney General Sally Yates remarks at 33rd annual ACI National FCPA Conference; 2. Head of SEC...more

Germany to Introduce Wider Merger Control Regime to Catch Tech Start-Ups

On 28 September 2016, the German government proposed legislation to amend the Act Against Restraints of Competition (GWB) for the ninth time. Presuming that it will pass the further steps required, the proposed amendment is...more

Developments in Merger Control: It Ain't Over 'til It's Over

Two recent enforcement actions are reminders that there are antitrust risks to be addressed after the deal is signed and even after it has closed. In the United States, the Federal Trade Commission (FTC) challenged Valeant...more

Eagle Pharmaceuticals to Acquire Arsia Therapeutics

This morning, Eagle Pharmaceuticals announced that it has entered into an agreement to acquire Arsia Therapeutics. According to Arsia’s website, Arsia’s technology enables the production of high-concentration, low-viscosity...more

Looking Ahead: Top Issues Impacting the Tech Industry in 2017

As technology continues to reshape how business gets done and the way people live their lives, there are many reasons to be excited about the tech industry’s prospects heading into 2017. The more than 300 executives,...more

2016's Thriving M&A Market

Despite concerns expressed during our presidential campaign season over the loss of US jobs to international trade, investment in the US by foreign commercial enterprises remains strong, especially given the weak or weakened...more

Know Your Code: Open Source Usage Can Close Software

Buyout firms spent more than $39.38bn acquiring technology businesses in H1 2016, accounting for 28% of all global deal value and making technology the preferred sector for investment during the period. With investment...more

3D Printing News: Recent M&A Activity; Copyright’s Conceptual Separability Test; Expiring Patents

Here are recent and significant M&A deals in the 3D space. In September, GE acquired SLM Solutions and Arcam, reportedly spending $1.4 billion for both. Arcam provides a cost-efficient additive manufacturing solution...more

Blog: Cybersecurity Diligence in M&A Transactions: Lessons from Verizon/Yahoo!

Recently, in the midst of an M&A transaction involving Verizon and Yahoo!, news broke of a Yahoo! cybersecurity breach that had occurred approximately two years earlier. This event raised a lot of speculation around what...more

Key Takeaways: Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies

On October 5, 2016, Skadden hosted its Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies. The seminar focused on the current and developing challenges facing such companies and included...more

Brexit: CHECKLIST

Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and...more

Tech Companies and M&A Trends

One of this year’s top trends in the mergers and acquisitions arena has been the pursuit of technology companies by private equity. At the end of the first half of 2016, tech companies accounted for 46% of all U.S. buyouts,...more

Yahoo Breach and Data/Information Security

The massive breach of accounts at Yahoo revealed on September 22, 2016, brings several thoughts to mind: The purchase of Yahoo by Verizon Wireless has not yet closed. Any companies undergoing diligence on the M&A front...more

Ten Hallmarks of an Effective Compliance Program-Hallmark 2 [Video]

In this 10-episode podcast series I take a look at all ten hallmarks of an effective compliance program as set out in the FCPA Guidance. In this episode I review Hallmark 2-Code of Conduct and Compliance Policies and...more

Restructuring Liquidation Preferences

Job candidates may choose to work for a startup to help build something new, to work in an environment that fosters and rewards creativity, or to get the thrill of climbing aboard a “rocket ship.” New employees rarely, if...more

$6 Billion Chinese Acquisition Bid Submitted for CFIUS Review Serves as a Wake-Up Call for Companies to Evaluate and Mitigate...

In late July 2016, U.S. technology distributor Ingram Micro, Inc. (Ingram) announced that it would submit its pending $6 billion acquisition by Chinese shipping company Tianjin Tianhai Investment Co. Ltd. to the Committee on...more

This Week in FCPA-Episode 17 [Video]

In this episode, Jay Rosen and I discuss the following: Show Notes for Week ending August 12 -SEC In-House ALJ Program Upheld. Compliance Building and Second Circuit Court of Appeals opinion. -Abbott, sales pressure and...more

Assessing Acquisition Offers from Chinese Buyers - CFIUS and related considerations for technology company boards

Notwithstanding reports earlier this year of transactions that either failed to close (GO Scale / Lumileds; Tsinghua Unisplendour / Western Digital), lost out to competing U.S. bids (China Resources / Fairchild) or were...more

FCPA Compliance and Ethics Report-Episode 269-Mike Volkov on the Johnson Controls FCPA Enforcement Action [Video]

In this episode Mike Volkov and I take a deep dive into the Johnson Controls FCPA enforcement action. ...more

(Silicon Valley – Season 3 Finale)

Summarizing the week Jared writes, “Lewis Carroll famously said, ‘Begin at the beginning, go on to the end, and then stop.’ But that is hard advice to follow when one’s head is spinning…” It would have been just as apt if...more

Lessons from LinkedIn: Privacy and Data Security Representations in the M&A Context

Microsoft’s blockbuster acquisition of LinkedIn earlier this month—a deal where concerns for privacy and data security loomed large—provides a glimpse into the growing trend of including separate privacy and data security...more

Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,...more

Unfair and Unbalanced-the Victimization Episode [Video]

In this episode Roy Snell and I discuss: Victimization and the value of personal responsibility; Standing up for your principles; The idea that you can make your sales goals without breaking the law; Roy translates wink...more

The Life Sciences Report - Summer 2016

The Future of Innovation in Medtech: An Industry in Search of Growth While Facing Pressures to Consolidate in a Post-ACA World - In the Affordable Care Act (ACA) era, the healthcare industry has witnessed significant...more

Data Privacy Due Diligence: Questions to Consider in a Merger or Acquisition

The FTC can hold an acquirer responsible for the bad data security and privacy practices of a company that they acquire. Evaluating a potential target’s data privacy and security practices, however, can be daunting and...more

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