Marketing will now expressly fall within the scope of delegation under AIFMD 2.0, to the extent that it is carried out on behalf of the alternative investment fund manager (AIFM). AIFMD 2.0 clarifies that only distributors…
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/ Business Organizations, Finance & Banking, Securities Law
On October 10, 2024, the SEC filed a Complaint in the U.S. District Court for the Northern District of Illinois, alleging that a major market maker in crypto assets is operating as an unregistered dealer, in violation of Section…
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/ Business Organizations, Finance & Banking, Securities Law
On October 10, 2024, the Federal Trade Commission (“FTC”) published the final version of changes affecting Hart-Scott-Rodino (“HSR”) reporting requirements, which were the subject of a previous Notice of Proposed Rulemaking. The…
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/ Administrative Law, Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions
FTC Staff Report on Social Media Platforms’ Privacy and Security Practices -
On September 19, 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced the release of its staff report, “A Look Behind the…
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/ Consumer Protection, Privacy, Science, Computers, & Technology
The Servier case: The game isn’t over yet -
The European Court of Justice recently issued seven judgments in the landmark "Servier" case, confirming the anticompetitive nature of "pay-for-delay" agreements between originator…
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/ Antitrust & Trade Regulation, Health, Intellectual Property
Court of Chancery rejects Plaintiffs’ claims that directors engaged in “affirmative lawbreaking for profit”, finding alleged “trifling or technical” violations are ones “over which reasonable minds can differ.”
Court…
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/ Civil Procedure, Securities Law
The UK government (“Government”) has published its latest annual report (“Report”) on the National Security and Investment Act 2021 (“NSIA” or “NSI Act”). The Report covers the period from 1 April 2023 to 31 March 2024…
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/ International Law & Trade, Mergers & Acquisitions
In a decision dated September 12, 2024, the French Administrative Supreme Court (Conseil d’Etat) applied the principles established a year ago by the same court in the veterinary sector. The ruling was made in a summary…
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/ Administrative Law, Business Organizations, Health
As is often the case, France has been a pioneer in implementing a mandatory safety stock, especially for essential drugs. Since 2021, pharma companies must hold at least a 2-month safety stock to meet the needs of patients on…
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/ Administrative Law, Business Torts, Health
FTC and DOJ Reach US$2.95 Million Settlement with Verkada for Alleged Violations of the FTC Act and CAN-SPAM Act -
On August 30, 2024, the Federal Trade Commission (“FTC”) announced a proposed order with Verkada Inc…
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/ Alternative Dispute Resolution (ADR), Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology
The CFTC has finalized portions of its proposed October 2023 amendments to CFTC Rule 4.7. The CFTC moved forward on:
Raising the thresholds for qualification of certain investors in private funds commodity pool operators…
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/ Business Organizations, Finance & Banking, Securities Law
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (the “Rule”) regarding changes to the provisions of the Export Administration Regulations (the “EAR”) governing voluntary…
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/ Administrative Law, Business Organizations, International Law & Trade
We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer engagement…
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/ Business Organizations, Communications & Media Law, Intellectual Property, Labor & Employment Law
The trajectory of a biotech company is often full of ups and downs, influenced by unpredictable changes in market conditions. It is therefore imperative for biotech companies to be agile in finding the most appropriate financing…
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/ Business Organizations, Finance & Banking, Science, Computers, & Technology
In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer acquisitions”…
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/ Administrative Law, Antitrust & Trade Regulation, Mergers & Acquisitions, Securities Law
