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Toshiba

Robins Kaplan LLP

Google Allows Some Apps to Use Their Own Payment Systems in Effort to Quell Antitrust Furor

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Under growing antitrust scrutiny, Google announced on Wednesday that it would let some apps “offer their own billing system within the Google Play store as part of a pilot program.” That move, affecting Spotify, among others,...more

A&O Shearman

Central District Of California Denies Certification Of Proposed Class Of Unsponsored ADR Purchasers For Lack Of Typicality

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On January 7, 2022, Judge Dean D. Pregerson of the U.S. District Court for the Central District of California denied plaintiffs’ motion for class certification in a putative class action against a Japanese manufacturer of...more

Jones Day

A Cautionary Tale: Paying IPR Filing Fees Via Wire Transfer

Jones Day on

A June 25, 2021 decision by the PTAB has clarified that when paying the filing fee via wire transfer, the inter partes review (“IPR”) petition filing date is based upon when the funds are made available to the USPTO.  ...more

Jones Day

First Circuit Rejects "Predominantly Foreign" Exception to Morrison’s "Domestic Transactions" Test

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Two circuit courts have now rejected the Second Circuit's "predominantly foreign" exception to Morrison's "domestic transactions" test, which raises the prospect of inconsistent decisions and increases the likelihood of...more

Robins Kaplan LLP

Financial Daily Dose 4.14.2021 | Top Story: Crypto Exchange Coinbase Makes Public Debut on Nasdaq

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The Nasdaq has set Coinbase’s reference price at $250/share ahead of today’s first day of trading for the crypto exchange that’s making its public debut via direct listing ...more

Robins Kaplan LLP

Financial Daily Dose 4.8.2021 | Top Story: CVC Capital Makes $20 Billion LBO Bid for Toshiba

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PE firm CVC Capital Partners has made an unsolicited bid to acquire Japan’s Toshiba Corp. “in a deal that could be valued at more than $20 billion if completed.” The proposal, which would need Japanese government approval...more

A&O Shearman

Central District Of California Allows Exchange Act Claims To Proceed Against Non-U.S. Corporate Issuer In Connection With ADRs,...

A&O Shearman on

On January 28, 2020, Judge Dean D. Pregerson of the United States District Court for the Central District of California denied defendant’s motion to dismiss a putative securities class action brought against a multinational...more

Proskauer - Corporate Defense and Disputes

California Federal Court Holds that U.S. Securities Laws Apply to Unsponsored, Unlisted ADRs

The U.S. District Court for the Central District of California held on January 28, 2020 that the federal securities laws apply to U.S. transactions in unlisted, unsponsored American Depositary Receipts (“ADRs”) for a foreign...more

BCLP

The Year Ahead in EU Merger Control: Five Key Trends to Watch

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The dawn of a new year provides a great opportunity to take stock of where EU merger control might go in the next year. In this blog, we outline what we consider to be five key trends to watch out for in EU merger control in...more

Jones Day

Transaction "Designed" to Evade Merger Control Leads to U.S. and EU Penalties

Jones Day on

The Development: Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring a transaction to avoid premerger notification...more

Hogan Lovells

Illegal Parking?

Hogan Lovells on

On 27 June 2019, the European Commission (Commission) announced it had fined Japanese camera and printer manufacturer, Canon, €28m for partially implementing its 2016 acquisition of Toshiba Medical Systems prior to the...more

A&O Shearman

European Commission Imposes Fine on Canon for Gun-Jumping

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On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a warehousing structure in its 2016 acquisition of Toshiba...more

A&O Shearman

Supreme Court Denies Petition For Certiorari In Toshiba, Leaving In Place Arguable Circuit Split Regarding Extraterritorial Reach...

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On June 24, 2019, the United States Supreme Court denied a petition for certiorari to review a decision from the United States Court of Appeals for the Ninth Circuit, which held that a foreign issuer that has no involvement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Declines to Further Define Morrison’s Domestic Transaction Requirement

The U.S. Supreme Court today denied the petition for certiorari in Toshiba Corp. v. Automotive Industries Pension Trust Fund, No. 18-486 (U.S. Oct. 15, 2018), leaving open the question of the appropriate scope of the...more

Perkins Coie

Companies Fined for Evading HSR Premerger Notification and Waiting Requirements

Perkins Coie on

The U.S. Department of Justice (DOJ) announced earlier this month that Canon and Toshiba agreed to each pay $2.5 million to settle allegations that they schemed to avoid complying with Hart-Scott-Rodino Act (HSR) antitrust...more

Hogan Lovells

"Devices for avoidance" don't avoid HSR penalties

Hogan Lovells on

On 10 June 2019 the U.S. Department of Justice (DOJ) Antitrust Division, acting at the request of the Federal Trade Commission (FTC), filed a complaint and proposed final judgment in the U.S. District Court for the District...more

Ballard Spahr LLP

$5 Million Penalty Underscores Importance of Antitrust Compliance in M&A Transactions

Ballard Spahr LLP on

The Federal Trade Commission (FTC) announced yesterday that Canon Inc. and Toshiba Corporation agreed to pay a $2.5 million fine each to settle charges that the two companies violated the Hart-Scott-Rodino Act by failing to...more

Cadwalader, Wickersham & Taft LLP

FTC Charges Two Japanese Corporations with Alleged HSR Avoidance Scheme

Two Japanese corporations each agreed to pay $2.5 million to settle Federal Trade Commission (“FTC”) charges of violating the premerger notification and waiting period requirements under the Hart-Scott-Rodino (“HSR”) Act....more

Stinson - Corporate & Securities Law Blog

Canon Inc., Toshiba Corporation Agree to Pay $5 Million for Violating HSR Requirements

In July 2015, Toshiba Corporation (“Toshiba”) revealed that it had overstated its profits by billions of dollars. As a result, Toshiba implemented a plan to sell a subsidiary to Canon Inc. (“Canon”). In March 2016, Toshiba...more

A&O Shearman

Supreme Court Seeks Solicitor General's Input On Granting Certiorari For Case Raising The Question Of Whether A Non-U.S. Corporate...

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On January 14, 2019, the United States Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in connection with a pending petition for writ of certiorari regarding whether, in...more

Wilson Sonsini Goodrich & Rosati

Overview of the Patent Landscape in the Blockchain, Cryptocurrency, and Cryptographic Token Space

This analysis identified and processed over 8,000 patents and patent applications worldwide relating to blockchain, cryptocurrencies, and cryptographic tokens as of July 2018. The analysis did not include patents and...more

Morrison & Foerster LLP

Ninth Circuit Holds That Trading Unsponsored ADRs Can Be Used to Justify Claims Under Rule 10b-5

On July 17, 2018, the Ninth Circuit issued an opinion in Stoyas v. Toshiba Corporation, holding that the Supreme Court’s decision in Morrison v. National Australia Bank Ltd. does not preclude U.S. domestic purchasers of...more

Mayer Brown Free Writings + Perspectives

Application of the Morrison Case to Unsponsored ADRs

The Ninth Circuit recently decided a case, Automotive Industries Pension Trust Fund v. Toshiba Corp., in which the Circuit court considered the application of the Supreme Court’s territoriality standard in the Morrison v....more

Mintz - Securities Litigation Viewpoints

Ninth Circuit Holds Transactions in Unsponsored ADRs Can Be “Domestic” Under Morrison

The Toshiba Securities Litigation stems from alleged violations of the Exchange Act, as well as the Financial Instruments and Exchange Act of Japan, against Toshiba Corp., in connection with its alleged accounting fraud and...more

A&O Shearman

Ninth Circuit Reverses Dismissal Of Securities Fraud Class Action And Rules That The Purchase And Sale Of American Depository...

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On July 17, 2018, the United States Court of Appeals for the Ninth Circuit reversed the dismissal of a putative securities class action, which alleged that a technology company (the “Company”) and its current and former chief...more

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