Cooley LLP

Blog: European Commission considers database to end crypto-currency anonymity

The European Commission has published a proposal that, if made and brought into force, will amend the 4th Anti-money Laundering Directive (4AMLD) before the Member States are required to transpose it into their national…more
| Business Organizations, Finance & Banking, International Law & Trade

Blog: House of Lords EU Committee – Scrutinising #Brexit: the role of Parliament

The House of Lords’ EU Committee has published its 1st report of the 2016/7 session: “Scrutinising Brexit: the role of Parliament“. The report is blunt, and to the point..…more
| Business Organizations, International Law & Trade

Blog: New UK Prime Minister proposes “something radical.” Could it happen here?

She may be the new leader of the Conservative Party, but her party affiliation may not be entirely obvious from the speech delivered in July by UK Prime Minister, Theresa May, launching her national campaign. In her vision of…more
| Business Organizations

Blog: Interchange Fees Regulation: UK High Court refers Amex v HM Treasury to CJEU for preliminary ruling

The UK’s High Court has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the interpretation of the Interchange Fees Regulation (IFR), which caps credit and debit card interchange fees. The…more
| Business Organizations, Finance & Banking, International Law & Trade

Blog: Study Shows That Investment In Material Sustainability Issues Yields Higher Performance

With the SEC asking proactively in its concept release whether to mandate sustainability disclosure, the question of the relevance to investors of sustainability issues has assumed a new prominence. According to the SEC, some…more
| Business Organizations, Finance & Banking, Securities Law

Blog: New Study Shows Inverse Correlation Between CEO Pay And Performance Over The Long Term

As reported in the WSJ, a new study from corporate-governance research firm MSCI showed that, over the long term, there was a signficant misalignment between CEO pay and stock-price performance. The study looked at CEO pay…more
| Business Organizations, Finance & Banking, Securities Law

Blog: CEO Group Offers List Of Commonsense Corporate Governance Principles

A group of CEOs of major public companies and institutional investors, including Jamie Dimon, Warren Buffett, Larry Fink, Mary Barra and Jeff Immelt, among others, have developed a list of “commonsense corporate governance…more
| Business Organizations, Finance & Banking, Securities Law

Alert: ED's Proposed Rules for Online Learning Present New Compliance Challenges

On Monday, July 25, the US Department of Education (ED or the Department) formally released a Notice of Proposed Rulemaking (NPRM) to amend its current state authorization regulations, particularly with respect to distance…more
| Education

Blog: FCA castigates the principals of appointed representatives in the general insurance sector

The FCA has just published a damning Thematic Review: “Principals and their appointed representatives in the general insurance sector“. The FCA asked 190 network principals to complete an online survey; asked 15 of these…more
| Business Organizations, Finance & Banking, Insurance

Blog: FCA accepts that it needs a mission, & that consumers must take responsibility for their own decisions

Andrew Bailey, the new CEO of the UK’s Financial Conduct Authority, gave what some might regard as an extraordinary speech at the FCA’s annual public meeting a few days ago. “Extraordinary” for 2 reasons. First, he recognised…more
| Business Organizations, Finance & Banking

Blog: A new UK corporate criminal offence: failure to prevent the facilitation of tax evasion

The UK’s tax authority, Her Majesty’s Revenue & Customs (HMRC), has just closed its consultation on a new corporate criminal offence: failure to take reasonable steps to prevent tax evasion…more
| Business Organizations, Criminal Law, Taxation

Blog: Supreme Court rules that “collateral lies” are no bar to a claim on an insurance policy

In Versloot Dredging v HDI Gerling Industrie Versicherung AG [2016] UKSC 45, the Supreme Court held that a claim which is supported by a fraudulent narrative will not be subject to forfeiture under the fraudulent claims rule…more
| Civil Procedure, Insurance

Blog: The #AIFMD for non-EU Fund Managers: why it might soon be easier to market a Fund into the EU than it’s been so far

At the moment, a non-EU PEVC fund manager (Fund Manager), managing a non-EU PEVC fund (Fund), can only market* that Fund in the EU if it complies with the National Private Placement Regime (NPPR) in every relevant EU country…more
| Business Organizations, Finance & Banking, Securities Law

Blog: Home Affairs Select Committee concludes UK needs to do more to address money laundering and corruption

The House of Commons Home Affairs Committee has published a report entitled ‘Proceeds of Crime’ in which it is highly critical of the efforts being made and systems in place in the UK to prevent money laundering and to recover…more
| Finance & Banking, International Law & Trade

Blog: More On The SEC’s Disclosure Update And Simplification Proposing Release

In her statement at the SEC open meeting to vote on issuing the “Disclosure Update and Simplification Proposing Release,” SEC Commissioner Kara Stein protested that “this proposal may be framed in such a hyper-technical way that…more
| Business Organizations, Securities Law
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