On August 19, 2024, the United States Court of Appeals for the Second Circuit dismissed, on remand from the United States Supreme Court, putative class action claims brought under Section 10(b) of the Securities Exchange Act of…
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/ Business Torts, Civil Procedure, Securities Law
On August 16, 2024, Judge Federico A. Morena of the United States District Court for the Southern District of Florida granted in part and denied in part a motion to dismiss a putative class action asserting claims under Sections…
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/ Art, Entertainment, & Sports Law, Consumer Protection, Securities Law
While 2023 saw a slight increase in the number of FCPA enforcement actions from 2022, there was a marked decline in total penalties from the prior year. Last year, the DOJ and the SEC resolved a total of 14 corporate enforcement…
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/ Business Organizations, Criminal Law, International Law & Trade
On August 27, 2024, the Commodity Futures Trading Commission issued an order filing and simultaneously settling charges against a Swiss energy trader (the “Company”), for allegedly attempting to manipulate the European gasoline…
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/ Antitrust & Trade Regulation, Energy & Utilities, Securities Law
In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of…
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/ Business Torts, Intellectual Property, Science, Computers, & Technology
On August 22, 2024, Judge Harvey Bartle III of the United States District Court for the Eastern District of Pennsylvania denied a motion to compel defendants to provide information concerning the “subjective beliefs” of their…
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/ Antitrust & Trade Regulation, Civil Procedure, Intellectual Property
On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the…
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/ Administrative Law, Antitrust & Trade Regulation, Constitutional Law
After nearly five years of review, the first tranche of amendments to Australia’s Privacy Act has landed (Privacy and Other Legislation Amendment Bill 2024 (Cth) (Bill)). The Bill introduces 23 of the 25 legislative proposals…
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/ Administrative Law, International Law & Trade, Privacy
In the context of a dawn raid under the EU Foreign Subsidy Regulation (FSR), the EU General Court (GC) has refused to suspend the European Commission (EC)’s request to access employees’ mailboxes located in China…
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/ Antitrust & Trade Regulation, International Law & Trade, Privacy
On 6 September 2024, the European Commission published a set of frequently asked questions (FAQs) on Regulation (EU) 2023/2854 on Harmonised Rules on Fair Access to and Use of Data (the Data Act). More detail can be found in…
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/ Business Torts, International Law & Trade, Privacy, Science, Computers, & Technology
Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to be…
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/ Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, International Law & Trade
One of the key aspects of the EU AI Act (“AI Act”)[1] is linked to the qualification of providers and deployers and the nuances which help distinguish between the two categories of stakeholders. What would this mean in practice…
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/ Consumer Protection, International Law & Trade, Science, Computers, & Technology
AI is accelerating digital transformation for companies and data governance is a key pillar in this change, enabling data strategies that unlock the potential of AI, and mitigate the risks associated with its use. Data…
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/ Business Organizations, Privacy, Science, Computers, & Technology
The Financial Conduct Authority has published a speech by Sarah Pritchard, FCA Executive Director, Markets and International, on taking a targeted and outcomes-based approach to tackling financial crime…
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/ Consumer Protection, Criminal Law, Finance & Banking, International Law & Trade
