Morgan Lewis

The English Court’s Approach to interpretation of Material Adverse Effect provisions

The English High Court recently considered whether a downward revision of a profit forecast would constitute a “material adverse effect” within the parameters of the provision agreed on by the parties in the share purchase…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

The Law Macron: Work on Sundays and in Evenings

The new changes are not drastically different from current law but manage to a make a complex system even more complex. After months of tense discussions in the French Parliament, the Law for the Growth, the Activity, and…more
| Labor & Employment Law

Effects of Schrems Ruling on International Internal Investigations

In a recent landmark decision, Maximillian Schrems v. Data Protection Commissioner, Europe’s highest court struck down a US-EU agreement that allowed companies to move personal electronic data between the European Union and the…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

"California Fair Pay Act" Becomes Law

The new law expands the equal pay requirement for men and women to "substantially similar work" regardless of location, modifies employers’ business justification defense, and increases employers’ recordkeeping obligations to…more
| Civil Remedies, Civil Rights, Elections & Politics, Labor & Employment Law

The Modern Slavery Act 2015

The UK’s Modern Slavery Act is an effort by the government to end all forms of labour exploitation. The UK’s Modern Slavery Act 2015 aims to prevent all forms of labour exploitation and increase transparency of labour…more
| Civil Rights, Elections & Politics, International Law & Trade, Labor & Employment Law

ECJ Rules EU-US Safe Harbor Programme Is Invalid

The powers of EU data protection authorities are significantly strengthened by the decision, allowing them to suspend some or all personal data flows into the United States in certain circumstances. In Maximillian Schrems…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

California Expands Right to Cure Certain Claims Under PAGA

Assembly Bill 1506 grants relief to employers from frivolous actions under PAGA by allowing employers to cure certain alleged wage statement defects before an employee may recover PAGA penalties…more
| Elections & Politics, Labor & Employment Law

Effective Immediately: California Urgency Legislation Confirms Second Meal Period Waiver for Healthcare Workers

Senate Bill 327 overturns Gerard v. Orange Coast Medical Center, confirming that healthcare workers can waive their second meal period. On October 5, California Governor Jerry Brown signed into law Senate Bill 327 (SB…more
| Elections & Politics, Health, Labor & Employment Law

SEC Approves Rule to Regulate Debt Research Reports and Debt Research Analysts

Background - Eight years in the making, the US Securities and Exchange Commission (SEC) has finally approved the Financial Industry Regulatory Authority’s (FINRA's) proposed Rule 2242 (the Rule or Rule 2242), which will…more
| Finance & Banking, Securities Law

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade secrets…more
| Commercial Law & Contracts, Electronic Discovery, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

IRS Publishes Final Regulations for Equivalency Determinations

Take note of these practical concerns for private foundations making grants to foreign organizations. On September 25, the Internal Revenue Service (IRS) published final regulations for private foundations making good faith…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Nonprofit Law, Taxation

EPA Issues Stringent Effluent Limitation Guidelines for Steam Electric Power Plants

The final rule, touted by EPA as eliminating environmental impacts and cancer risks, substantively changes longstanding regulations regarding steam electric power plants. On September 30, the US Environmental Protection…more
| Energy & Utilities, Environmental Law

A Solution for Evolution in the Trademark Arena

The USPTO’s Welcome Initiative for Technology-Driven Changes in Registered Trademark Use. Under a pilot program announced by the United States Patent and Trademark Office (USPTO) on September 1, 2015, trademark owners may…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

La Loi Macron est entrée en vigueur: beaucoup de bruit pour pas grand-chose?

Cette loi apporte des ajustements mais pas de bouleversements dans plusieurs pans du droit social français. Après des mois de discussions ardues, la Loi pour la croissance, l'activité et l'égalité des chances économiques…more
| Labor & Employment Law

Recent UK Court Decision on UK Tax Treatment of US LLCs

HMRC provides guidance on the implications of the recent case Anson v Revenue and Customs Commissioners. Delaware limited liability companies (LLCs) are regularly seen in many international corporate groups, including in…more
| Business Organizations, International Law & Trade, Taxation
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