Ropes & Gray LLP

The Ropes Recap: Mergers & Acquisitions Law News - Second Quarter 2016

NEWS FROM THE COURTS - Delaware Court of Chancery Rejects Transaction Price as the Best Measure of Fair Value in Dell Appraisal Litigation - On May 31, 2016, the Delaware Court of Chancery released its post-trial…more
| Business Organizations, Mergers & Acquisitions, Securities Law

IRS Issues New Management Contract Safe Harbors

Almost 20 years ago, the IRS released Rev. Proc. 97-13, outlining multiple safe harbors under which a management contract would not result in private business use of bond-financed proceeds. These safe harbors, while helpful,…more
| Business Organizations, Finance & Banking, Securities Law, Taxation

Mexico Enacts a Sweeping New Anti-Corruption Regime, Accompanied by a Public Apology from President Peña Nieto and Increased Attention on Mexico’s Energy Sector by U.S. Regulators

After an aggressive grassroots campaign, Mexican President Enrique Peña Nieto recently announced the enactment of sweeping changes to Mexico’s anti-corruption regime. The new law is a significant step toward transparency in a…more
| Business Organizations, Elections & Politics, Government Contracting

Under Attack: ERISA Class-Action Lawyers Target Colleges and Universities

Class-action lawyers have begun targeting retirement savings plans offered by a number of colleges and universities across the country. These lawsuits are founded in claims of ERISA breaches of fiduciary duty - alleging the plan…more
| Education, Labor & Employment Law

Under Attack: ERISA Class-Action Lawyers Target Colleges and Universities

Class-action lawyers have begun targeting retirement savings plans offered by a number of colleges and universities across the country. These lawsuits are founded in claims of ERISA breaches of fiduciary duty - alleging the plan…more
| Education, Labor & Employment Law

Tenth Circuit Holds that the False Claims Act’s Materiality Requirement Has Teeth in Granting Summary Judgment to Government Contractor Defendant

On April 22, 2016, in a decision issued before the Supreme Court’s Escobar opinion, the Tenth Circuit addressed the question of what a relator must show to meet the materiality requirement in an implied false certification-based…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting, International Law & Trade

Anti-Corruption Laws and Other International Risks – What it Means for the Real Estate Industry and How to Protect against Risks

Bribery, money laundering, and sanctions are key international risk areas for any global business, particularly those investing or operating in high-risk jurisdictions and industries. In addition to meaningful enforcement…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Real Estate - Commercial, Real Estate - Residential

Proposed Treasury Regulations Will Eliminate Most Valuation Discounts in Connection with Transfers of Interests in Family Controlled Entities

On August 4, 2016, the Treasury Department and the IRS published Proposed Regulations under Internal Revenue Code § 2704 that, once effective, will eliminate most valuation discounts in connection with interests in family…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

New Massachusetts Pay Equity Law

On Monday, August 1, 2016, Governor Baker of Massachusetts signed into law a bill strengthening protections against gender-based discrimination in the pay provided to employees for “comparable work”. The statute (the “Pay Equity…more
| Labor & Employment Law

FDA Issues Final Guidance on General Wellness Products

On July 28, 2016, the United States Food and Drug Administration (FDA) finalized guidance stating that the agency does not plan to regulate “general wellness products,” including software applications, provided they present a…more
| Communications & Media Law, Consumer Protection, Health, Science, Computers, & Technology

Federal Trade Commission Holds Medical Laboratory Liable for Allegedly Unfair Data Security Practices

On July 29, the Federal Trade Commission (“FTC” or “Commission”) issued a unanimous Opinion and Final Order reversing the FTC Administrative Law Judge (“ALJ”) Initial Opinion issued November 13, 2015, which had dismissed the…more
| Administrative Law, Antitrust & Trade Regulation, Health, Privacy, Science, Computers, & Technology

China's Medical Device Market: Coping with Evolving Regulatory Challenges

Ask a senior manager of a MedTech company in China what keeps her or him awake at night and “regulatory changes” will invariably be among the first things mentioned. In fact, in McKinsey’s 2016 survey of MedTech CEOs, regulation…more
| Health, Science, Computers, & Technology

China's Medical Device Market: Coping with Evolving Regulatory Challenges

Ask a senior manager of a MedTech company in China what keeps her or him awake at night and “regulatory changes” will invariably be among the first things mentioned. In fact, in McKinsey’s 2016 survey of MedTech CEOs, regulation…more
| Health, Science, Computers, & Technology

SEC Streamlines Exchange Listings for Actively Managed ETFs

On July 22, 2016, the SEC approved proposed listing rule amendments by NYSE Arca, Inc. (available here) and Bats BZX Exchange, Inc. (available here) to provide “generic” listing standards for actively managed ETFs. These generic…more
| Business Organizations, Finance & Banking, Securities Law

CFDA Solicits Comments on Drug Registration Rules

The China Food and Drug Administration (“CFDA”) recently published long-awaited and comprehensive revisions (“Revisions”) to the Drug Registration Rules (“DRR”). The Revisions are now open to public comments until August 26,…more
| Health, Science, Computers, & Technology
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