Cooley LLP

Blog: Delaware Governor Signs Into Law Prohibition On Fee-Shifting Bylaws And Authorization Of Exclusive Forum Bylaws

On June 24, 2015, the Governor of Delaware signed into law amendments to the Delaware General Corporation Law proposed by the Delaware Bar’s Corporation Law Council and overwhelmingly passed by the Legislature regarding…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts

Alert: The AIFMD For Non-EU Fund Managers: It's Probably Not As Bad You Think

Many non-EU fund managers raising a non-EU alternative investment fund will accept a European investor on a "reverse solicitation" basis; but they won't "market" into Europe. This is often because the cost of complying with the…more
| Finance & Banking, International Law & Trade, Securities Law

SEC Chair White Spills The Beans On Proposal For Universal Proxies, Hints About The Exclusion For Conflicting Shareholder Proposals And Discusses Other Proxy-Related Matters

Recently, in a speech to the Society of Corporate Secretaries and Governance Professionals, SEC Chair May Jo White discussed four proxy-related issues that have recently created tension between companies and their…more
| Business Organizations, Securities Law

Blog: Supreme Court Upholds Federal Exchange Tax Subsidies in King v. Burwell

Yesterday, the Supreme Court issued its highly anticipated ruling in King v. Burwell. The case questioned whether individuals who purchased health insurance through the federal Healthcare.gov marketplace were entitled to…more
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

Alert: Brexit – How It Might Pan Out

The Government's European Union Referendum Bill was introduced into the House of Commons and had its first reading on 28 May 2015. Its second reading debate took place on 9 June 2015; and it was considered in Committee on 16 and…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

Blog: Should You Invest in Patent Protection?

Patent protection is an investment in technology. Like other investments, it can be expensive and uncertain. But for a technology startup, patent protection can also yield an outsized return by attracting investors, increasing…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Intellectual Property

Blog: Should You Invest in Foreign Patent Protection?

If you run a tech company, should you invest in foreign patent protection? On one hand, worldwide patent protection can be incredibly valuable, especially for a product with a worldwide market. On the other hand, obtaining…more
| Business Organizations, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Blog: What States Should Know About Breach Of Fiduciary Duty

Who can be sued? In England and other common law countries a civil claim for breach of "fiduciary duty" can usually be made against senior public officials involved in corruption. When does it apply? A claim for breach…more
| Civil Procedure, Elections & Politics, Business Torts

Blog: Delaware Chancery Court Applies Entire Fairness Standard Of Review To Director Compensation

What is the judicial standard of review applicable to an award of compensation by directors to directors under an equity incentive compensation plan that has been approved by the shareholders? That was the question before the…more
| Business Organizations, Civil Procedure, Securities Law

Blog: OIG Reports Targeting Medicare Part D Fraud Issued on the Heels of National Medicare Fraud Sweep

The Health and Human Services (HHS) Office of Inspector General (OIG) released two reports yesterday related to Medicare Part D fraud. The OIG report, Ensuring the Integrity of Medicare Part D, “synthesizes numerous OIG reports…more
| Criminal Law, Health, Science, Computers, & Technology, Government Contracting

Blog: Tools for Audit Committee Members

The Audit Committee Collaboration (ACC) has announced the release of new tools, the External Auditor Assessment Tool: A Reference for Audit Committees Worldwide and an updated U.S. version of the External Auditor Assessment…more
| Business Organizations, Finance & Banking, International Law & Trade

Blog: CII Petitions SEC For Staff Guidance On The Proxy Rules And An Amendment To Item 5.07 Of Form 8-K Regarding Voting Results

Earlier this month, the Council of Institutional Investors filed a petition with the SEC requesting interpretive guidance regarding the proxy rules and rulemaking in connection with Form 8-K…more
| Business Organizations, Securities Law

Alert: Department Issues New Dear Colleague Letter on State Authorization

On Friday, June 19, 2015, the US Department of Education ("ED" or "the Department") issued a Dear Colleague Letter (GEN-15-10) ("DCL") reminding institutions that the current state authorization requirements (34 CFR § 600.9)…more
| Education, Nonprofit Law

Blog: SEC To Consider Requiring Disclosure Of Audit Firm Tenure And Name Of Engagement Partner

The SEC is expected to issue its concept release on improving audit committee reports “soon” (whatever that means) according to Compliance Week, and among the topics the SEC will examine is whether those “reports should include…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Blog: FDA Launches New REMS Website

The U.S. Food and Drug Administration (FDA) launched this week REMS@FDA, a Risk Evaluation and Mitigation Strategy (REMS) database website. The new, user-friendly website contains a table of all currently approved individual and…more
| Administrative Law, Science, Computers, & Technology
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