Cooley LLP

Alert: European Commission Launches Digital Single Market Strategy with a Laundry List of Measures, Including Antitrust Sector Inquiry

On 6 May 2015, the European Commission (Commission) finally unveiled its plans for a wide range of measures designed to create a functioning Digital Single Market in the EU. Attention is therefore now switching to how the…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Blog: What States Should Know About the Civil Tort of Bribery

Who can be sued? A civil claim for bribery can usually be made against the bribe-payer and the bribe-recipient. When does it apply? The tort of bribery is founded on the legal relationship of principal (the state) and…more
| Civil Remedies, Business Torts, Government Contracting

Alert: SEC Proposes New Rules on Pay Versus Performance When "Compensation Actually Paid" is Not Compensation Actually Paid and "Company Financial Performance" May be Unrelated to Company Financial Performance

On April 29, 2015, the SEC voted to propose rules requiring public companies to disclose the relationship between compensation actually paid and company financial performance. The proposal comes almost five years after the…more
| Administrative Law, Business Organizations, Labor & Employment Law, Finance & Banking, Securities Law

Blog: An End To IFRS In The U.S.?

On May 7, in remarks before a financial reporting conference in NYC, the SEC’s Chief Accountant, James Schnurr, signaled the end of the SEC’s efforts to converge International Financial Reporting Standards (IFRS) with U.S…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Changes Coming At The SEC

According to the WSJ, SEC Commissioner Daniel Gallagher is resigning from his position prior to the end of his term, which would otherwise conclude in 2017. The article reports that he will continue as a Commissioner until his…more
| Securities Law

Alert: New Pathways for Unaccredited Entities and Non-Institutional Education Providers

Accreditors have been seen as obstacles to innovation in higher education. In April we issued a Cooley Alert on new WASC guidelines for disaggregating institutional services. Now WASC and DEAC have issued separate policies that…more
| Administrative Law, Business Organizations, Education

Blog: Trend Watch: Government Use Of Data Analytics To Identify Health Care Fraud

Data analytics is not a new concept within the health care industry. However, as data analytics tools become more accessible, government interest in using data analytics to detect health care fraud continues to increase…more
| Health, Science, Computers, & Technology, Government Contracting

Blog: The Small Business, Enterprise and Employment Act

One of the last acts of parliament was to pass the Small Business, Enterprise and Employment Act (“the Act”), which received Royal Assent on 26 March 2015…more
| Business Organizations, Finance & Banking

Blog: Changes to Sunshine Law Included in Proposed 21st Century Cures Legislation

As we recently discussed, a bipartisan group of representatives from the House of Representatives’ Energy and Commerce Committee released a new discussion draft of the 21st Century Cures initiative (Legislation) that seeks to…more
| Commercial Law & Contracts, Health, Science, Computers, & Technology

Alert: Deadlines Approaching for Mandatory Reporting Requirement Regarding US Direct Investment Abroad

Every five years, the US Commerce Department's Bureau of Economic Analysis ("BEA") conducts a "Benchmark Survey" of US direct investment abroad, from which BEA compiles the US economic accounts and analyzes the activities of…more
| Business Organizations, Finance & Banking, International Law & Trade

Blog: PCAOB Publishes New “Audit Committee Dialogue”

The PCAOB has announced the publication of a new paper designed to address audit committees. The paper, Audit Committee Dialogue, provides insights from inspections of public company auditors that should assist audit committee…more
| Energy & Utilities, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Securities Law

Blog: Updated Guide to Privacy and Security of Electronic Information Released by ONC and OCR

The Office of the National Coordinator for Health Information Technology (ONC) in collaboration with the Office for Civil Rights (OCR) recently released its new updated guidance for the privacy and security of electronic…more
| Privacy, Health

Blog: CMS’ Annual Open Payments Report to Congress Highlights Some Key Areas to Watch

The Centers for Medicare & Medicaid Services (CMS) must submit an annual report to Congress in connection with the federal Sunshine law…more
| Elections & Politics, Health, Science, Computers, & Technology

Blog: Connecticut Delays Payment Reporting Until 2017

Under a Connecticut law enacted in 2014, pharmaceutical and medical device manufacturers were required to begin reporting payments made to advanced practice registered nurses (APRNs) on July 1, 2015…more
| Administrative Law, Health, Science, Computers, & Technology

Alert: Using Insolvency Powers to Make Claims for Fraud: Important Supreme Court Decision

Companies are habitually used as part of a corruption scheme. Such companies often have only a single director, or a small number of directors, and are beneficially owned by the wrong-doers…more
| Business Organizations, Civil Remedies, Criminal Law, Business Torts, Taxation
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