Cooley LLP

Blog: UK FCA Writes To Currency Transfer Service Providers, After MP Criticises It For Failing To Act

The UK’s Financial Conduct Authority has e-mailed currency transfer service providers about their legal obligations, when they’re advertising exchange rates. The e-mail seems to have been sent in response to Parliamentary…more
| Antitrust & Trade Regulation, Finance & Banking

Blog: European Parliament Moves To Crack Down On The Use Of Virtual Currencies For Money Laundering & Terrorism

The European Parliament has just published a press release, describing a “move to crack down on [the] use of virtual currencies for money laundering, terrorism“, although that’s not quite what the backstory suggests is about to…more
| Finance & Banking, Science, Computers, & Technology

Blog: Solvency II: UK PRA (Still) Worried About Internal Model Drift, But A Solution Is At Hand

When Chris Moulder, the PRA’s Director of General Insurance spoke at the Worshipful Company of Insurers’ iNED Forum in April, he repeated a common PRA refrain: the PRA is worried about internal model drift; and the risk that…more
| Finance & Banking, Insurance

Blog: UK Government Considers Powers To Seize, Hold & Sell Virtual, Digital And Crypto-Currencies

The terms of reference for the UK Home Affairs Select Committee’s Proceeds of Crime Inquiry include, “Whether additional measures are required to achieve the objectives of ensuring criminals do not benefit from their crimes“…more
| Finance & Banking, Science, Computers, & Technology

Blog: European Prospectus Regulation: Council publishes 5th Presidency Compromise text

The Council of the European Union has published the 5th Presidency Compromise version of the proposed Prospectus Regulation…more
| Business Organizations, Finance & Banking, International Law & Trade

Blog: Commercial Court Considers Extension Of Time To Challenge Arbitral Award

In S v (1) A (2) B [2016] EWHC 846 (Comm), Mr Justice Eder refused to grant an extension of time under the Arbitration Act 1996 (the “Act”) s.80(5) to challenge an arbitral award, following the applicant’s 74-day delay in…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance

Blog: House Passes Bill For Five-Year Extension Of JOBS Act Exemption From Auditor Attestation Requirement

On Monday, the House passed the Fostering Innovation Act of 2015, notwithstanding this letter to Paul Ryan and Nancy Pelosi from the SEC’s Investor Advocate urging a vote against it. The bill, which presumably now moves to the…more
| Business Organizations, Finance & Banking, Securities Law

Blog: SEC Posts Regulatory Flexibility Agenda For 2017

As noted in Broc’s blog on thecorporatecounsel.net, the SEC has posted its Regulatory Flexibility Agenda for 2017. And, as Broc observes, these agendas are, to borrow his characterization, purely “aspirational,” and do not…more
| Business Organizations, Securities Law

Blog: What US PE / VC Funds, Fund Managers, & Fund Investors Need To Know About The UK’s “People With Significant Control Register”

US-domiciled PE / VC funds often invest in European companies. Most fund managers know that, if they’re subject to the AIFMD, they might have to tell the European regulator(s) about these investments. It’s less well known that,…more
| Business Organizations, Finance & Banking

Blog: Court Of Appeal Considers Interpretation Of Aggregation Clause In Solicitors’ Professional Indemnity Insurance

In AIG Europe Limited (Appellant) v OC320201 LLP (formerly The International Law Partnership LLP) & 5 others (Respondents) & The Law Society of England and Wales (acting in its regulatory capacity as the Solicitors Regulatory…more
| Business Organizations, Civil Procedure, Finance & Banking

Blog: European Prospectus Regulation: Council publishes 4th Presidency Compromise text

The Council of the European Union has published the 4th Presidency Compromise version of the new Prospectus Regulation. The Prospectus Regulation will replace the Prospectus Directive (2003/71/EC), and the Directive…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

Blog: Personal Touch Financial Services -v- Simplysure: an initial fact find is an FCA-regulated activity

The Court of Appeal has handed down its decision in Personal Touch Financial Services Limited -v- Simplysure Limited and another. Section 19 of the Financial Services and Markets Act 2000 (“The General Prohibition“)…more
| Business Organizations, Finance & Banking

Alert: DOL Issues Final Rule Increasing Minimum Salary Requirements for Overtime Exemptions

On Wednesday, May 18, 2016, President Obama and the Department of Labor (DOL) announced the publication of a much-anticipated rule raising the salary floors of the "white collar" overtime exemptions under federal law. The…more
| Labor & Employment Law

Blog: Commissioner Hill On The Review Of The EU Regulatory Framework For Financial Services – What Fund Managers Need To Know

European Commissioner Jonathan Hill has delivered a speech at a public hearing on the “‘Call for Evidence’ – a review of the EU regulatory framework for financial services” which could herald good news for fund managers…more
| Finance & Banking, International Law & Trade

Blog: SEC Posts New And Revised CDIs On Non-GAAP Financial Measures

The SEC’s verbal blitzkrieg on abuses of non-GAAP financial measures has finally made its way into some new and revised CDIs. As discussed in this PubCo post, in early May, SEC Deputy Chief Accountant Wesley Bricker, speaking…more
| Finance & Banking, Securities Law
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