Cooley LLP

Blog: Solvency II: infrastructure investments & ELTIFs Implementing Regulation published in the Official Journal

On 2 April 2016, Solvency II was amended (by Commission Delegated Regulation 2016/467) to: - Include a new asset class: qualifying infrastructure investments..…more
| Finance & Banking, International Law & Trade

Blog: Corp Fin Issues New And Revised CDIs On Rule 701 And Rule 144(D)

More new and revised CDIs from Corp Fin today. This time, the CDIs address Rule 701 and the Rule 144(d) holding period. Rule 701 — Exemption for Offers and Sales of Securities Pursuant to Certain Compensatory Benefit Plans…more
| Business Organizations, Securities Law

Alert: New US Debt-Equity Rules Target Earnings Stripping

On October 13, 2016, the IRS and the Treasury Department issued new rules largely designed to prevent highly related corporate taxpayers from claiming the tax benefits of “earnings stripping,” or the payment of excessive…more
| Business Organizations, Taxation

Blog: The #AIFMD for non-EU Fund Managers: a brief update on the 3rd-country passport

Steven Maijoor, chair of the European Securities & Markets Authority (ESMA), has given a brief “update and next steps” report to the Economic and Monetary Affairs Committee of the European Parliament, about ESMA’s work on the…more
| Finance & Banking, International Law & Trade

Blog: Corp Fin Posts New CDIs On Pay-Ratio Disclosure

Corp Fin has just issued several new CDIs regarding pay-ratio disclosure (S-K Item 402(u)). As you probably recall, the pay-ratio provision mandates that the SEC require most public companies to disclose, in a wide range of…more
| Business Organizations, Finance & Banking, Securities Law

Blog: Is A Proxy Contest Preferable To A Quick Settlement With Activists? Some Institutional Investors Think So

The obvious tension between the interests of long-term investors, such as institutional shareholders, and short-term investors, principally represented by hedge fund activists, has been the subject of much discussion of late. …more
| Business Organizations, Finance & Banking, Securities Law

Blog: Solvency II: EIOPA on regulatory certainty, and legislative review

Like most modern European Directives, Solvency II includes a structured review process to give the legislature an opportunity to (a) check the regime’s working properly; and (b) make adjustments, if it’s not. The Solvency…more
| Finance & Banking, Insurance, International Law & Trade

Blog: The new Criminal Finances Bill setting out new anti-money laundering powers has had its first reading

On 13 October 2016 the Criminal Finances Bill (the “Bill”) had its first reading in the House of Commons. In addition to introducing Unexplained Wealth Orders (described in our blog below), the Bill sets out a number of new…more
| Finance & Banking

Blog: #IDD: EIOPA plans a series of InsurTech roundtables for 2017

When Gabriel Berndardino, the chair of the European Insurance & Occupational Pensions Authority (EIOPA) delivered the key note speech at yesterday’s 6th EIOPA Annual Conference in Frankfurt, he told delegates that, whilst…more
| Insurance, International Law & Trade

Blog: Amending the European Venture Capital & Social Entrepreneurship Funds Regulations to increase investment in SMEs

The European institutions have been working on a Regulation that will amend the European Venture Capital Funds & European Social Entrepreneurship Funds Regulations, to make it easier for qualifying Alternative Investment Funds…more
| Finance & Banking, International Law & Trade

Blog: Virtual currencies & the 4th Anti-money Laundering Directive: ECB Opinion on the Commission’s proposals

The European Commission published proposals to amend the 4th Anti-money Laundering Directive, to bring crypto-currency exchanges and wallet providers within scope, in early July 2016. The European Banking Authority criticized…more
| Finance & Banking, International Law & Trade

Blog: CMS Issues Final MACRA Physician Payment Rule

On Friday, October 14th, the Center for Medicare & Medicaid Services (CMS) released the long-anticipated final rule with 60-day comment period (Rule) for the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) Quality…more
| Health

Blog: CPA-Zicklin Index For 2016 Shows Companies Increase Disclosure, Oversight And Restrictions Regarding Corporate Political Spending

In light of our proximity to election day — finally — it seemed like a good time to take a look at the CPA-Zicklin Index of Political Disclosure and Accountability, just released for 2016, which annually evaluates corporate…more
| Elections & Politics, Finance & Banking, Securities Law

Blog: Federal Antitrust Authorities Step Up Merger Enforcement – Recent Victories Buoy Enforcers

Obama Administration antitrust enforcers have faced criticism over the last year for not being sufficiently aggressive, allegedly leading to concentrated industries to the detriment of consumers. The Department of Justice and…more
| Antitrust & Trade Regulation, Business Organizations, Civil Procedure, Mergers & Acquisitions

Blog: PwC Survey Of Directors Showed Skepticism On The Benefits Of Shareholder Engagement, Critical Views Of Some Board Colleagues And Gender Splits On Board Diversity

In its annual survey released Tuesday of more than 800 corporate directors, PwC identified ten key findings, including critical views on other board members, split views on board diversity and skeptical views on the benefits of…more
| Business Organizations
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