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Manatt Digital - October 2016

A Message From Our Chair: Once again we are very pleased to provide you with another issue of the Manatt Digital newsletter. In this edition we revisit the topic of mergers and acquisitions, an important area of focus...more

In the age of Big Data, the EDPS issues an Opinion on enforcement and upholding fundamental rights

The European Data Protection Supervisor (“EDPS”) issued an Opinion on coherent enforcement of fundamental rights in the age of big data”. This is an update to the EDPS’ Preliminary Opinion in 2014 on “Privacy and...more

FCPA Compliance Report-Episode 284, Mike Scher [Video]

In this episode, I visit with Mike Scher on our upcoming panel at the FCPA Blog NYC Conference on Oct. 26th. We preview our panel by looking at the compliance response to the Wells Fargo scandal in the context of whom does...more

The Ping FCPA Enforcement Action: Lessons for the Compliance Practitioner

The Securities and Exchange Commission (SEC) settled a Foreign Corrupt Practices Act (FCPA) enforcement action against an individual earlier this month when it announced the resolution of a matter involving Jun Ping Zhang,...more

Your daily dose of financial news - The Brief – 9.20.16

The hits just keep on coming for Wells Fargo, who now is facing questions about its failure to prime the market for news of its $185 million SEC settlement earlier this month. The main concern with that tack is that Wells...more

Your daily dose of financial news - The Brief – 9.13.16

In a closely watched and dissected speech yesterday, Federal Reserve governor Lael Brainard told the crowd gathered at the Chicago Council on Global Affairs that she favored “prudence” in raising rates despite recent signs of...more

DOJ Sues to Halt Deere’s Acquisition of Monsanto’s Precision Planting

The Department of Justice (“DOJ”) sued this week to stop Deere & Co.’s acquisition of Monsanto Co.’s Precision Planting, explaining that the deal would harm farmers. The companies make high-speed precision planting systems,...more

Top Trends in H1 2016 Digital Health Investments

A few months ago, following our fifth annual Digital Health Summit, the attendees made some predictions about product development and investment in the rapidly growing sector. Now that we are more than halfway through the...more

Ten Hallmarks of an Effective Compliance Program-Hallmark 10 [Video]

In this final podcast in my 10 part series on the Ten Hallmarks of an Effective Compliance program, I review Hallmark 10-mergers and acquisitions under a best practices compliance program. ...more

Ten Hallmarks of an Effective Compliance Program-Hallmark 6 [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 6-Incentives and Disciplinary Measures....more

Your daily dose of financial news - The Brief – 8.22.16

The SEC’s opened an inquiry into Hampton Creek in response to a Bloomberg report that the Just Mayo maker used undercover contractors to purchase its non-egg mayonnaise product in bulk not long before HC raised $90 million...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

The FTC Requires Largest-Ever Generic Drug Divestiture

The U.S. Federal Trade Commission (FTC) recently announced a settlement resolving its competitive concerns over the merger of two leading generic drug manufacturers – Teva and Allergan. In July 2015, Teva agreed to acquire...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

Slow but steady: US M&A H1 2016

The frenzied pace of US M&A in 2014 and 2015 calmed in the first half of 2016, returning the market to far more sustainable and familiar activity levels. After two blockbuster years, the first half of 2016 has brought...more

SEC Proposes Rule Requiring Registered Advisers to Adopt Business Continuity and Transition Plans

On June 28, 2016, the Securities and Exchange Commission (SEC) proposed new Rule 206(4)-4 under the Investment Advisers Act of 1940 (Advisers Act) that would require registered investment advisers to adopt and implement...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

FTC Announces Substantial Increases to Civil Penalties

On Wednesday, June 29, the Federal Trade Commission (FTC) announced substantial increases to the maximum civil penalties for 16 distinct violations of certain laws enforced by the FTC. Notable increases were announced for...more

Tesla, SolarCity and Social Media

Tesla, in an offer to acquire SolarCity, appears to be the first to announce a major proposed acquisition by a blog post. Since an 8-K was also filed, it can’t be sole proof that social media is a recognized distribution...more

Your daily dose of financial news - The Brief – 6.16.16

As expected, the Fed announced yesterday that it was holding current interest rates steady and would be slow to push rates up while the economy tiptoes toward stability. Much more from Chair Yellen and economists’ reaction...more

Compliance into the Weeds-Episode 7-meta data for your dashboard [Video]

In this episode Matt Kelly and I take a deep dive into the meta data on the types of information a CCO needs to feed into a compliance dashboard. Go from asking, “What do I want to know about?”; to asking, “What types of...more

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more

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

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...more

Your daily dose of financial news The Brief – 5.13.16

We learned yesterday of the effect that broken mergers are having on some hedge funds. Now comes news that, like many other institutional investors, large US insurance companies are yanking huge sums of money out of their...more

Your daily dose of financial news The Brief – 5.12.16

Record-setting executive compensation aside (hey, that was so last year), hedge funds have been hammered by the recent spate of mega-deals come undone. Particularly hard hit are the funds focusing on “merger arbitrage”—a type...more

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