Skadden, Arps, Slate, Meagher & Flom LLP

"Hong Kong Takeovers Panel Invalidates Whitewash Waiver Granted to Alibaba"

The recent decision of the Hong Kong Takeovers and Mergers Panel (the Panel) in relation to Alibaba Health Information Technology Limited (formerly CITIC 21CN Company Limited (21CN)) has reemphasized the fundamental importance…more
| Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions, Securities Law

"US Further Eases Burma Sanctions"

In response to Burma’s peaceful and competitive elections in November 2015, on May 18, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) further eased U.S. sanctions against Burma (Myanmar). These…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Insights: The Delaware Edition - May 2016

This issue focuses on important, developing areas of Delaware corporation law and deal litigation, including the Court of Chancery’s clarification of its evolving views about disclosure-based deal litigation settlements;…more
| Business Organizations, Business Torts, Civil Procedure, Mergers & Acquisitions, Securities Law

"Court of Chancery Continues to Clarify Views of Disclosure-Based Deal Litigation Settlements"

As previously discussed in Insights: The Delaware Edition, throughout the second half of 2015, the Delaware Court of Chancery began to question its long-standing practice of approving deal litigation settlements involving broad…more
| Business Torts, Civil Procedure, Mergers & Acquisitions, Securities Law

"Recent Delaware Cases Clarify Existing Limits and Adopt Novel Condition in Books-and-Records Demands"

Recent Delaware cases have helped clarify the limits of what the Court of Chancery will consider in a books-and-records demand under 8 Del. C. § 220, and one case has adopted a novel condition that defendants may seek to…more
| Business Organizations, Business Torts, Civil Procedure, Mergers & Acquisitions, Securities Law

"SEC Staff Issues Updated Non-GAAP Financial Measures Guidance"

On May 17, 2016, the staff of the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued new and revised compliance and disclosure interpretations (CDIs) regarding the SEC’s rules and regulations…more
| Business Organizations, Finance & Banking, Securities Law

"Delaware Supreme Court Enhances Protections for Controlling Stockholder Buyouts"

In November 2015, the Delaware Supreme Court bolstered the protection afforded to majority or controlling stockholders seeking to buy out the minority, provided that the transaction is structured in accordance with the…more
| Business Organizations, Civil Procedure, Mergers & Acquisitions, Securities Law

"Delaware Supreme Court Provides Guidance on Aiding-and-Abetting Liability for Financial Advisors"

On November 30, 2015, the Delaware Supreme Court issued a much-anticipated opinion in RBC Capital Markets, LLC v. Jervis, No. 140, 2015, 129 A.3d 816 (Del. 2015). The Supreme Court unanimously affirmed the Court of Chancery’s…more
| Business Organizations, Business Torts, Civil Procedure, Finance & Banking, Securities Law

"Court of Chancery Addresses Fundamental Issues of Derivative Litigation"

The Delaware Court of Chancery recently issued a trio of notable opinions involving stockholder derivative actions. The opinions addressed fundamental issues of law such as whether particular kinds of stockholder claims are…more
| Business Organizations, Civil Procedure, Constitutional Law, Mergers & Acquisitions, Securities Law

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, Privacy, Science, Computers, & Technology

"FinCEN Finalizes Customer Due Diligence Rule Amid Other Actions to Enhance Financial Transparency"

In the wake of the Panama Papers controversy, the U.S. government has taken major steps this month to promote financial transparency. First, the Financial Crimes Enforcement Network (FinCEN) finalized its proposed rule issued in…more
| Criminal Law, Finance & Banking, Consumer Protection, International Law & Trade

"Conflict Minerals Disclosures Due May 31, 2016"

Companies that are required to make conflict minerals disclosures on Form SD with the U.S. Securities and Exchange Commission (SEC) for calendar year 2015 must do so no later than Tuesday, May 31, 2016…more
| Business Organizations, Commercial Law & Contracts, Securities Law

"Judge Grants Preliminary Injunction, Staples-Office Depot Call Off $6.3 Billion Deal"

On May 10, 2016, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia released his highly anticipated decision in the matter of Staples’ acquisition of Office Depot, granting the Federal Trade…more
| Antitrust & Trade Regulation, Civil Remedies, Commercial Law & Contracts, Mergers & Acquisitions

"New Federal Trade Secrets Act Becomes Law"

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA, or Act) into law. The DTSA, among other things, amends the Economic Espionage Act to create, for the first time, a federal private civil cause…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property
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