Cooley LLP

Blog: New study examines benefits of enhanced audit report in the UK

In light of the closing of the comment period for the PCAOB reproposal of an expanded audit report standard (see this PubCo post and this PubCo post), including a requirement to disclose critical audit matters, it may be useful…more
| Business Organizations, Finance & Banking

Blog: Comments On PCAOB Reproposal Of Expanded Audit Report Reflect Predictable Split

In May of this year, after five years of outreach, the PCAOB once again attempted to make the auditor’s report more relevant and informative to investors by reproposing the auditor reporting standard, The Auditor’s Report on an…more
| Business Organizations, Securities Law

Blog: Court Gives Energy Transfer the Right to Walk Based on its Counsel’s Inability to Deliver the Required Tax Opinion

In a rare decision involving unusual facts, the Delaware Court of Chancery held that a buyer (Energy Transfer Equity, L.P.) had the right to terminate a signed merger agreement with its target (The Williams Companies, Inc.) that…more
| Business Organizations, Mergers & Acquisitions, Taxation

Alert: e-Privacy review and over-the-internet services

What's the situation? The European Commission appears poised to impose new privacy obligations on "over-the-top" (OTT) messaging and call providers. Earlier this year the European Commission opened a public consultation on…more
| International Law & Trade, Privacy, Science, Computers, & Technology

Blog: Individual Shareholder Proposals—Why Do They Do It?

This recent paper from the Rock Center for Corporate Governance at Stanford University, “Gadflies at the Gate: Why Do Individual Investors Sponsor Shareholder Resolutions?” attempts to answer a question I’ve been wondering about…more
| Business Organizations, Securities Law

Blog: PSD2: “strong customer authentication” – what, when & how?

From 13 January 2018, banks, electronic money issuers and other payment service providers (together, PSPs) will be required to “appl[y] strong customer authentication“. Now that we have both the second Payment Services…more
| Finance & Banking, International Law & Trade

Blog: Some Successful Approaches To Increasing Board Gender Diversity

A lot has been written about the benefits of gender diversity on boards. As discussed in Bloomberg, while “[e]quality is a worthy goal on its own terms, of course….for the corporate world, the better rationale for gender…more
| Business Organizations, Civil Rights

Alert: Antitrust Agencies Release Update to IP Licensing Guidelines for Comment

The Antitrust Division of the Department of Justice (DOJ) and Federal Trade Commission (FTC) are seeking public comment on a proposed update to the agencies' Antitrust Guidelines for the Licensing of Intellectual…more
| Intellectual Property, Science, Computers, & Technology

Blog: Treasury Select Committee criticizes the way the FCA treats whistleblowers

The Treasury Select Committee (TSC) and the Financial Conduct Authority (FCA) have been exchanging letters about the FCA’s treatment of whistleblowers in general, and the SME Alliance, in particular. Like the Parliamentary…more
| Finance & Banking

Blog: PSD2: EBA consults on “strong customer authentication” & “common and secure communication”

(As anticipated) the European Banking Authority (EBA) has published a “Consultation Paper on the draft Regulatory Technical Standards specifying the requirements on strong customer authentication and common and secure…more
| Finance & Banking, International Law & Trade

Alert: Copyright Office Letter Raises New Questions About FCC Set-Top Box Proceeding

A recent letter by the US Copyright Office has raised questions about the FCC's proposal to adopt new rules intended to open up the market for cable television set-top boxes and what actions the FCC ultimately will take. The…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Blog: Virtual currencies & the 4th Anti-money Laundering Directive: EBA criticizes Commission’s proposals

The European Banking Authority has published an Opinion, which criticizes the Commission’s approach to virtual currencies (VCs) and its proposed amendments to the 4th Anti-money Laundering Directive (4AMLD). In its 2014…more
| Finance & Banking, International Law & Trade

Blog: Solvency II Remuneration Requirements – PRA adopts new Supervisory Statement

The UK’s Prudential Regulation Authority has adopted and published a new Supervisory Statement: “SS10/16 Solvency II: Remuneration requirements“. Solvency II (re)insurers are already: - (actually) obliged to comply…more
| Business Organizations, Finance & Banking

Blog: Federal Appeals Court Rejects “Disclosure-Only” Settlement

Yesterday, in In re: Walgreen Co., the 7th Circuit Court of Appeals rejected a “disclosure-only settlement” involving Walgreen Co.’s 2014 purchase of Alliance Boots and the combined company’s subsequent reorganization. In a…more
| Business Organizations, Civil Procedure, Mergers & Acquisitions

Blog: FCA tries to encourage consumers to shop around before renewing a general insurance policy

The FCA has made a rule that it hopes will encourage consumers to shop around before deciding whether to renew a general insurance policy with their existing provider…more
| Finance & Banking, Insurance
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