Cooley LLP

Blog: Institutional Shareholders Weigh In On Pay-Ratio Disclosure

According to the director of global governance at CalPERS, quoted in the article, the new rule should provide shareholders with more clarity on executive pay and reduce the need for “back-of-the-envelope” calculations: “’This…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to…more
| Civil Procedure, Civil Rights, Education, Science, Computers, & Technology

Blog: Revisions To Corp Fin Financial Reporting Manual — (Very) Limited Relief For Delinquent Filers

Corp Fin has today posted revisions to its Financial Reporting Manual. The only change this quarter relates to delinquent filers. The new guidance provides that, in general, Corp Fin will not, through the comment process,…more
| Business Organizations, Finance & Banking, Securities Law

Blog: Class Action Charges Misrepresentation In Policies And Disclosures Regarding Slave Labor In Supply Chain

As discussed in this Bloomberg article, Costco and some of its suppliers are facing class action litigation alleging that Costco misled consumers about the use of slave labor and human trafficking in its supply chain for the…more
| Communications & Media Law, International Law & Trade, Labor & Employment Law

Alert: New Clery Act Requirements Warrant Close Review Before October 1 Deadline

New regulations under the federal Violence Against Women Act ("VAWA") that took effect in July have a direct impact on all institutions' Annual Security Reports as well as other aspects of institutions' compliance with the…more
| Civil Rights, Education

Blog: New GAO Report On Conflict Minerals Compliance

By coincidence, the same day that the three-judge panel of the D.C. Circuit struck down (again) a portion of the conflict minerals rule (see this post), the GAO issued a report to Congressional Committees entitled “SEC CONFLICT…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities, International Law & Trade, Securities Law

Blog: Three-Judge Panel Of D.C. Circuit Again Holds That Mandatory Disclosure Requirement Of Conflict Minerals Rule Violates First Amendment

In November 2014, the D.C. Circuit Court of Appeals granted the petitions of the SEC and Amnesty International for panel rehearing in connection with the conflict minerals case, National Association of Manufacturers, Inc. v…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Energy & Utilities, Securities Law

Alert: The Gainful Employment Rules: New Guidance on Reporting Obligations, Program Certification and Disclosure Requirements

On August 10, 2015, notably 10 days after the deadline for reporting the first set of student data for calculation of the GE debt-to-earnings rates passed, ED issued new guidance in an Electronic Announcement ("EA 58") requiring…more
| Education

Blog: Do Hiring Practices Lead To Earnings Management?

Yes, according to a study from academics at the University of South Carolina, reported by Reuters. The study showed that U.S. public companies tend to favor hiring accountants “who show a willingness to flatter corporate profits…more
| Business Organizations, Finance & Banking, Securities Law

Blog: Will More Regulation Be Imposed On Stock Buybacks?

Lots of companies have been buying back their stock in recent years, either on their own initiative because, for example, management thinks the shares are undervalued, or sometimes at the insistence of hedge fund activists bent…more
| Business Organizations, Finance & Banking, Securities Law

Blog: HHS OIG Approves Drug Company Program Providing Free Cancer Treatment Drugs

On Tuesday, the Health and Human Services (HHS) Office of Inspector General (OIG) issued an Advisory Opinion regarding a program to provide a 30-day supply of cancer drugs free of costs to patients who experience an insurance…more
| Administrative Law, Health, Science, Computers, & Technology

Blog: Kim Kardashian Drug Endorsement Results in FDA Warning Letter

The U.S. Food and Drug Administration (FDA) Office of Prescription Drug Promotion (OPDP) issued a Warning Letter this week to Duchesnay, Inc. related to celebrity Kim Kardashian’s social media posts on Instagram, Twitter and…more
| Administrative Law, Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection, Health

Blog: Moonlighting Founders: 5 Steps to Help Protect Your Company

For founders, moonlighting on a day job can be thorny. It isn’t lost on us that the vast majority of entrepreneurs have to start somewhere, and usually that somewhere is during his or her day job, but avoiding some common…more
| Commercial Law & Contracts, Intellectual Property

Blog: First Court Decision Interpreting the Overpayment Rule Issued This Week

Earlier this week, a key decision denying defendants’ motion to dismiss was issued in the case, Kane v. Healthfirst Inc., et al. and United States v. Continuum Health Partners Inc., et al. (case no. 1:11-cv-02325, S.D.N.Y.)…more
| Civil Procedure, Government Contracting, Health

Blog: Executive Order Requiring Paid Sick Leave Is On The Horizon

President Obama is said to have drafted an Executive Order, obtained by the New York Times, which would require federal contractors and subcontractors to provide their employees with a minimum of 56 hours (about 7 days) of paid…more
| Elections & Politics, Government Contracting, Labor & Employment Law
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