News & Analysis as of

Disclosure

Litigation procedure: a round-up for construction in-house lawyers

by Dentons on

Proposals for new disclosure rules in the offing - The changes made to the Civil Procedure Rules (CPR) back in 2013 introduced a new menu of disclosure options to make the process more efficient and ensure that costs are...more

Commercial Division Considers Default Clawback Provisions for Confidentiality Stipulations

The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against...more

November Trust and Estates Litigation Advisory

by Goulston & Storrs PC on

Since our last newsletter, there has been one significant development in the Probate and Family Court, and one decision of note. First, effective as of November 20, 2017, the Probate and Family Court issued Standing...more

Protection for Investigation Materials Remains in the Eye of the Beholder

by Moore & Van Allen PLLC on

One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

SEC Approves New PCAOB Auditing Report Standard

On October 23, 2017, the Securities and Exchange Commission (“SEC”) unanimously approved (the “Approval Release”) the Public Company Accounting Oversight Board’s (“PCAOB”) proposal to adopt a new auditing standard, AS 3101,...more

SEC Approves New PCAOB Standard

by McGuireWoods LLP on

Recently, the SEC approved the PCAOB’s new auditor reporting standard, AS 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses an Unqualified Opinion. Hailed as the most significant change...more

SEC Approves PCAOB's New Rules on Auditor Reports

by Bracewell LLP on

The Securities and Exchange Commission has approved the Public Company Accounting Oversight Board’s (PCAOB) proposed Auditing Standard 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses...more

Life Sciences Quarterly: A View From Washington: What to Expect From the SEC

by Ropes & Gray LLP on

What should we expect from the U.S. Securities and Exchange Commission regarding the status of new and existing initiatives by Congress and SEC policy, and how will it affect disclosure, governance and capital formation? In...more

Commercial Division Rolls Out Four New Rules Covering Expert Disclosures, Temporary Restraining Order Requirements, Forum...

Four of the proposed amendments to the Commercial Division Rules, which were discussed in an earlier blog post while the rules were under consideration by the Office of Administration, were adopted over the summer and have...more

Disclosure of documents in civil proceedings in England and Wales

by Hogan Lovells on

"Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review potentially relevant documents and then state to the other parties (usually in a formal List) the...more

Guarding Against Inadvertent Disclosures in E-Discovery

Have you watched the news lately? Somewhere in between the coverage of politics, global turmoil, more politics, sports, and the absurd number of commercial breaks, there seem to be weekly, albeit very brief, reminders that...more

Beware: Claims Investigations May Not Be Protected From Disclosure In Maryland

by Pessin Katz Law, P.A. on

Insurance companies and lawyers defending insurance companies oftentimes try to shield claims investigations from disclosure during discovery. Oftentimes, the claimed basis for non-disclosure is the work-product privilege. In...more

Automated License Plate Scans Data May Be Disclosed - California Supreme Court Finds Public Record Exemptions Do Not Apply

by Best Best & Krieger LLP on

Data from automated license plate readers may be disclosed under the California Public Records Act, the state Supreme Court said in a ruling issued recently. The case, which pits law enforcement against open government...more

Will the FTC’s Deception Evidence Fall Short? Court to Rule in DirecTV Case

by Kelley Drye & Warren LLP on

U.S. District Judge Haywood S. Gilliam Jr. said Friday that the court would pause the trial to consider whether the FTC presented sufficient evidence to support its allegations that DirecTV misled consumers by failing to...more

CFPB Unveils Prototype Model Forms for Overdraft

by MoFo Reenforcement on

On August 4, 2017, the Consumer Financial Protection Bureau (CFPB) released four “prototype” model overdraft disclosure forms styled under its “Know Before You Owe” initiatives with a press release. The CFPB said the forms...more

Conflicting Court Decisions on Privilege Issues Create Risks for Parties in M&A

by Stinson Leonard Street on

A recent court decision exemplifies the challenges that businesses face in attempting to predict the law that will control privilege questions. The court decided that the law of the state where the court is located governs...more

As Trump Declares “We Are Out” of the Paris Accord, Investors Demand More Climate Change Risk Disclosure from Within

by Sedgwick LLP on

Investors from around the world have spoken. For the first time in history, they have publicly demanded more transparent and complete corporate financial risk disclosures related to climate change. While climate change risk...more

In Lease Case, Maryland's Highest Court Brings State Law in Line With FOIA

by Ballard Spahr LLP on

Confidentiality is important for landlords and tenants in commercial lease transactions. For that reason, a recent Maryland Court of Appeals decision should be kept in mind when leases and other documents are submitted to...more

FINRA Notice To Members; Enhanced Confirmation Disclosures

by Fox Rothschild LLP on

FINRA has recently issued a notice to members regarding to the enhancement of confirmation disclosures. ...more

Blog: Monetizing an Earn-Out – Does That Make It a “Security?”

by Cooley LLP on

In life sciences/medical technology transactions, buyers and sellers often use milestone-based and sometimes royalty-based contingent consideration to compensate sellers for assets that are in various stages of development...more

Third party access to without prejudice communications

by Allen & Overy LLP on

Without prejudice communications should be disclosed to a third party because two exceptions to the without prejudice rule applied (the “concluded settlement agreement” and “reasonableness of mitigation” exceptions). Previous...more

Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

by Dickinson Wright on

Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier....more

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

by Faegre Baker Daniels on

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the...more

12 months' imprisonment for breach of disclosure order

by DLA Piper on

On 17 May 2017, the English Court handed down a 12 month prison sentence against an individual, Mrs Sandhu, for repeated breach of a disclosure order in Kimyani v Sandhu [2017] EWHC 1302 (Ch)....more

Supreme Court overturns the Federal Circuit, granting more flexibility to biosimilar makers

by Thompson Coburn LLP on

In a unanimous opinion, the United States Supreme Court again reversed the Federal Circuit in Sandoz Inc. v. Amgen Inc., interpreting the meaning of key provisions of the Biologics Price Competition and Innovation Act of...more

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Cybersecurity

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