Cooley LLP

Blog: Environmental Shareholder Proposals Increase In Frequency And Sophistication, But Will They Continue To Be Viable?

The WSJ discusses the increased frequency and sophistication of shareholder proposals regarding the environment. In particular, the piece observes that shareholder proposals focusing on environmental issues have evolved “from…more
| Business Organizations, Environmental Law, Securities Law

Blog: Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2016

Just about every year changes are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The revisions address issues identified by an Advisory Committee made up of federal…more
| Bankruptcy, Business Organizations, Finance & Banking

Blog: SEC posts report to Congress on Modernization and Simplification of Regulation S-K

The SEC has posted the staff’s Report on Modernization and Simplification of Regulation S-K, a report to Congress required by the FAST Act. Although required by the FAST Act, this report builds on and reflects the review that…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology

Blog: Corp. Fin. Posts New Guidance on Banker Fee Disclosure of Alternative Fees for Tender Offers

On November 18, 2016, the Staff of the Division of Corporation Finance issued two new C&DIs that address banker fee disclosures for tender offers on Schedule 14D-9. The new C&DIs clarify that disclosure is required of “all”…more
| Business Organizations, Finance & Banking

Blog: Commercial Court Dismisses Appeal By Reinsurers Disputing That Certain Losses Arising From The World Trade Centre Attack In 2001 Arose From One Event

In Simmonds v Gammell [2016] EWHC 2515 (Comm) the respondent insurer had participated in various layers of an excess liability insurance programme, insuring the Port of New York (PONY). The appellant reinsurer had participated…more
| Business Organizations, Civil Procedure, Insurance

Blog: A Beam Of Sun For Trademark Licensees: Another Appellate Court Holds Rejection Does Not Terminate A Trademark Licensee’s Rights

The In re Tempnology LLC bankruptcy case in New Hampshire has produced yet another important decision involving trademarks and Section 365(n) of the Bankruptcy Code. This time the decision is from the United States Bankruptcy…more
| Bankruptcy, Business Organizations, Intellectual Property, Science, Computers, & Technology

Alert: Congressional Hearings and NIST Publication Continue Focus on IoT Security

Two actions in the past few weeks reflect the continuing government involvement in and concern over the security of Internet of Things (IoT) devices. Attacks using connected devices have highlighted security vulnerabilities and…more
| Privacy, Science, Computers, & Technology

Alert: Forecast for Trump FCC: Deregulation with Chance of Media Concentration Review

The election of Donald Trump continues to raise questions about the potential direction of regulatory policies under his administration. While much of his campaign rhetoric focused on reducing regulation, he also suggested he…more
| Communications & Media Law, Elections & Politics

Alert: ISS Peer Group Submission Process for 2017 Annual Meetings

Each year, Institutional Shareholder Services (ISS) constructs its own peer groups to analyze companies' executive pay and relative company performance. In doing so, it takes into account each company's self-selected peer…more
| Business Organizations, Securities Law

Blog: That Was Quick — Proxy Access Test Drive Hits A Wall

You probably recall that, on November 9, 2016, GAMCO Asset Management Inc. (entity affiliated with activist investor Mario Gabelli) and certain affiliates used the proxy access bylaws recently adopted at National Fuel Gas…more
| Business Organizations, Securities Law

Blog: UK Government & Regulators consult on new ILS regime for the UK

The Chancellor of the Exchequer only mentioned insurance twice, when he delivered his Autumn Statement to Parliament on 23 November 2016..…more
| Finance & Banking, International Law & Trade, Securities Law

Alert: Federal Judge Blocks New Department of Labor Overtime Rule

On November 22, 2016, a federal judge in Texas issued a nationwide preliminary injunction prohibiting the Department of Labor from enforcing its new overtime rule doubling the salary threshold to qualify for the Fair Labor…more
| Labor & Employment Law

Blog: Corp Fin Oks Technical Modification Of Process For Offers And Sales In IPOs

In a new no-action letter to Morgan Stanley, Corp Fin agreed that, as outlined in the request letter, the firm’s proposed procedures for offering and selling securities in IPOs would not involve a pre-effective sale for purposes…more
| Business Organizations, Finance & Banking, Securities Law

Blog: FDA hits the brakes on LDT draft guidance

Last week the Food and Drug Administration (FDA) decided to delay finalizing draft guidance for Laboratory Developed Tests (LDT). First issued in July of 2014, the draft guidance would give FDA regulatory oversight of LDTs. …more
| Health

Blog: Treatment of M&A Non-solicits and Employee Comp Diligence Under New Antitrust Guidelines

Last month, the FTC and DOJ issued a set of antitrust guidelines addressing certain employment and compensation practices that are most likely to occur in the high-tech and healthcare industries where highly-skilled employees…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions
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