Third-Party

News & Analysis as of

Important Reminders for the 2017 Proxy Season

The following are some important reminders and updates for the 2017 proxy season. Say-When-on-Pay - Required Vote in 2017 - The Securities and Exchange Commission (SEC) requires companies to conduct a...more

Licences are out and automatic rights are in: a new way to allow exploitation following temporary patent ceasing is proposed

Automatic rights to exploit inventions are proposed to replace third party licences to exploit inventions. This proposal follows only months after an initial Patent Office decision on the licence provisions....more

Hyperlinking in Hamburg and Prague: How national courts apply GS Media

On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision. In essence, this CJEU...more

Commercial Third Party Litigation Funders Exposed to Indemnity Costs in the UK

The UK Court of Appeal has held the funders of a losing claimant subject to a costs order on an indemnity basis as a result of the conduct of the claimant and its instructing solicitors. In Excalibur Ventures LLC v Texas...more

Four Things Compliance Practitioner Should Know About the Eurasian Economic Union

Four Things Compliance Practitioner Should Know About the Eurasian Economic Union - An effective Compliance risk management at emerging markets for any business significantly depends on timeous observation of changes in...more

Perspectives for the Professions: Case Summary: Third Party Accreditation

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as...more

2016 half-year in review: M&A legal developments

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

Hogan Lovells Global Payments Newsletter l January 2017

Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

State AGs seek to intervene in CFPB enforcement action to modify settlement terms

The Attorneys General for the states of Connecticut, Indiana, Kansas, and Vermont recently took the unusual step of filing a joint motion to intervene to modify the settlement terms of a CFPB enforcement action....more

Using Arbitration to Resolve International Financing Disputes

Parties to international financial transactions have, subject to limited exceptions, historically been reticent to choose international arbitration as a means of dispute resolution in their agreements. In recent years,...more

The Compliance Oversight Review Committee

This week has evolved into an exploration of different types of compliance committees a company might employ to make their compliance function more effective. On Monday, together with Baker Hughes Incorporated (BHI) Chief...more

5 Takeaways from the Emory/FJC Conference

Last week, I had the privilege of attending the FJC’s 2016 Complex Litigation Conference, held in conjunction with Emory Law School’s Institute for Complex Litigation and Mass Claims. [Disclosure: I serve on the Institute’s...more

FDA Issues Draft Guidance on 510(k) Third Party Review Program

The Center for Devices and Radiological Health (CDRH) recently issued a draft guidance on the 510(k) Third Party (TP) Review Program. The TP Review Program (formerly known as the Accredited Persons Program) allows FDA to...more

Recent Regulatory Actions Against TPAs

Recently, two state insurance departments took action against third party administrators in their respective states based on their failure to be properly licensed. These regulatory actions demonstrate the importance for TPAs...more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

Gawker Remains in the Crosshairs: Seventh Circuit Finds that Online Media Publisher Can Be Liable for Defamatory Third-Party User...

The Seventh Circuit Court of Appeals recently kept alive one of the multitude of legal entanglements ensnaring Gawker Media LLC, as the Court reversed and remanded a lower court’s decision to dismiss a plaintiff’s defamation...more

CFTC Approves Supplemental Proposal to Regulation Automated Trading

The Commodity Futures Trading Commission issued a supplemental proposal on automated trading November 4, 2016, that revises a number of the regulations proposed by the Commission in its initial proposal. The Supplemental...more

Due Diligence Basics – Beneficial Ownership

I hate to be the harbinger of bad news; that is against my nature; I am naturally an optimistic person. As I always say, there are solutions to every problem....more

Answering the Question: ‘Can third parties challenge a copyright Work Made for Hire ownership assertion?’

A recent case out of the Second Circuit says “Yes. Third parties have standing to assert the defense that a copyright owner’s claim of ownership is erroneously based on Work Made for Hire (WMFH).”...more

Use a Third Party Claim as Leverage to Get Your Workers’ Compensation Claim CLINCHERED

If an employee was injured in the course and scope of employment because of a third party, the employer/carrier has a lien against proceeds the employee receives from the third party. For example, if your employee was driving...more

DOJ and SEC Raising the Stakes on Third Party Risk Management

If you review the last ten years of FCPA enforcement, the unmistakable pattern is rising expectations with regard to corporate compliance programs, particularly with regard to third party due diligence and risk management....more

Default interest gets washed out of the waterfall

The degree to which certain elements of a recovery right under a contract, including a debt instrument, are assignable or transferable to a third party has been questionable under English law for some time. “Litigation...more

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah

The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony...more

Change in LBO Valuation for HSR Purposes

The Federal Trade Commission (FTC) recently reversed its position on how to calculate the size-of-transaction for HSR purposes in connection with leveraged buyouts (LBOs). This change in position may result in more reportable...more

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