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Wilmer Hale Publications
WilmerHale's Antitrust Group Wins <em>GCR</em> Litigation of the Year Award
Global Competition Review (GCR) has honored WilmerHale's Antitrust and Competition Practice with the award for Litigation of the Year–Cartel Defence, during the GCR Annual Awards Ceremony on April 10.
2018-04-12T00:00:00-04:002018-04-12T22:04:05ZYou’ve Signed a Term Sheet for Your First Equity Financing. Congratulations! … Now What?
Gary Schall, in this article published by The Recorder, shares six critical steps founders can take to forge a strong and open relationship with their new business partners.
2018-04-12T00:00:00-04:002018-04-12T20:59:03ZGary R. Schallhttps://www.wilmerhale.com/gary_schall/gary.schall@wilmerhale.comWilmerHale Counsels Analogic in $1.1B Acquisition by an Affiliate of Altaris Capital Partners
On April 10, 2018, Analogic Corporation, a provider of leading-edge healthcare and security solutions, and Altaris Capital Partners, LLC, a leading private investment firm with expertise in Analogic's end markets, announced that they have entered into a merger agreement under which Analogic will be acquired by Altaris for approximately $1.1 billion on a fully diluted basis.
2018-04-11T00:00:00-04:002018-04-13T22:50:54Z<p>FinCEN Releases Frequently Asked Questions Regarding Customer Due Diligence and Beneficial Ownership Requirements</p>
Last week the Financial Crimes Enforcement Network (FinCEN) issued much-anticipated Frequently Asked Questions (FAQs) that provide additional guidance to financial institutions relating to the implementation of the new Customer Due Diligence Rule (CDD Rule), set to go into effect on May 11, 2018.[1] In general, the FAQs clarify certain issues that have caused implementation challenges for financial institutions. While FinCEN's earlier guidance provided a general overview of the CDD Rule—including the purpose of the rule, the institutions to which it is applicable, and some relevant definitions—the new FAQs provide greater detail for financial institutions seeking to comply with the CDD Rule. The FAQs are meant to assist covered financial institutions in understanding the scope of their customer due diligence (CDD) obligations, as well as the rule's impact on their broader anti-money laundering (AML) compliance. While the guidance is helpful in clarifying some of FinCEN's expectations, the implementation challenge lies in applying the CDD Rule to a financial institution's specific products and services.
As financial institutions work to meet the CDD Rule's fast-approaching May 11 compliance deadline, they should pay special attention to the following key areas summarized below.
2018-04-10T00:00:00-04:002018-04-10T16:28:33ZDavid S. Cohenhttps://www.wilmerhale.com/david_cohen/david.cohen@wilmerhale.comFranca Harris Gutierrezhttps://www.wilmerhale.com/franca_gutierrez/franca.gutierrez@wilmerhale.comSharon Cohen Levinhttps://www.wilmerhale.com/sharon_levin/sharon.levin@wilmerhale.comJeremy Dresnerhttps://www.wilmerhale.com/jeremy_dresner/jeremy.dresner@wilmerhale.comMichael Romaishttps://www.wilmerhale.com/michael_romais/michael.romais@wilmerhale.com
WilmerHale Counsels DriveWealth in $21M Series B Funding
On April 3, 2018, DriveWealth Holdings, Inc., a company founded to democratize investing in the US stock market through a technology that modernizes and simplifies financial services, announced the closing of a $21 million Series B investment.
2018-04-09T00:00:00-04:002018-04-09T17:21:11Z<p>Digital currencies: taming an unpredictable market</p>
A blog post by Anna Gaudoin, published on the WilmerHale W.I.R.E. UK blog.
2018-04-06T00:00:00-04:002018-04-06T17:10:36ZAnna Gaudoinhttps://www.wilmerhale.com/anna_gaudoin/anna.gaudoin@wilmerhale.comStandardized Term Sheets May Not Protect Your Interests
An article by Joshua Fox, published by Law360, focusing on standardized term sheets and how they may inadvertently gloss over or neglect issues that can be critical to founders' long-term success.
2018-04-06T00:00:00-04:002018-04-09T17:22:16ZJoshua D. Foxhttps://www.wilmerhale.com/joshua_fox/joshua.fox@wilmerhale.com<p>China Tightens Scrutiny Over the Transfer of Intellectual Property Rights to Foreign Parties</p>
The Measures on the Transfer of Intellectual Property Rights to Foreign Parties (Pilot) tighten scrutiny over the transfer of intellectual property rights to foreign parties on national security or public interest grounds.
2018-04-05T00:00:00-04:002018-04-05T16:06:52ZLester Rosshttps://www.wilmerhale.com/lester_ross/lester.ross@wilmerhale.comJennifer Zhaohttps://www.wilmerhale.com/jennifer_zhao/jennifer.zhao@wilmerhale.com<p>Third Edition of Gary Born's <i>International Commercial Arbitration</i> – How You Can Help</p>
I am delighted to share the news of commencement of work on the third edition of my treatise on International Commercial Arbitration. The three-volume commentary is in its second edition, published in 2014, and available from Kluwer International.
2018-04-05T00:00:00-04:002018-04-06T18:09:50ZGary Bornhttps://www.wilmerhale.com/Gary_Born/gary.born@wilmerhale.comBrexit at Halfway: Pharma and Medical Devices
<p>Important New Patent Term Adjustment Decision Allowing Post-RCE B Delay</p>
A recent decision calls into question the US Patent and Trademark Office regulation providing that B delay stops accruing as soon as a Request for Continued Examination is filed.
2018-04-04T00:00:00-04:002018-04-05T14:21:25ZBrian Boyntonhttps://www.wilmerhale.com/brian_boynton/brian.boynton@wilmerhale.comEmily R. Whelanhttps://www.wilmerhale.com/emily_whelan/emily.whelan@wilmerhale.comDevelopments In CFTC Cooperation Program
In this article written by Paul Architzel, Matthew Beville, Yeve Chitiga and Daniel Martin, published by Futures and Derivatives Law Report, the authors analyze the steps that the Commodity Futures Trading Commission recently took to further encourage cooperation with and self-reporting to the Commission's Division of Enforcement.
2018-04-04T00:00:00-04:002018-04-04T20:28:34ZPaul M. Architzelhttps://www.wilmerhale.com/Paul_Architzel/paul.architzel@wilmerhale.comMatthew Bevillehttps://www.wilmerhale.com/matthew_beville/matthew.beville@wilmerhale.comYevedzo Chitigahttps://www.wilmerhale.com/yeve_chitiga/yeve.chitiga@wilmerhale.comDaniel J. Martinhttps://www.wilmerhale.com/daniel_martin/daniel.martin@wilmerhale.com<p>USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs</p>
On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22 Presidential Memorandum directing action pursuant to Section 301 of the Trade Act of 1974.
2018-04-03T00:00:00-04:002018-04-04T18:58:22ZAmbassador Charlene Barshefskyhttps://www.wilmerhale.com/Charlene_Barshefsky/charlene.barshefsky@wilmerhale.comNaboth van den Broekhttps://www.wilmerhale.com/naboth_vandenbroek/naboth.vandenbroek@wilmerhale.comDavid J. Rosshttps://www.wilmerhale.com/david_ross/david.ross@wilmerhale.comLester Rosshttps://www.wilmerhale.com/lester_ross/lester.ross@wilmerhale.comPatrick J. McLainhttps://www.wilmerhale.com/patrick_mclain/patrick.mclain@wilmerhale.comHeather M. Petruzzihttps://www.wilmerhale.com/heather_petruzzi/heather.petruzzi@wilmerhale.comSarah Sprinklehttps://www.wilmerhale.com/sarah_sprinkle/sarah.sprinkle@wilmerhale.com<p>WilmerHale Team Obtains Fifth Circuit Victory in High-Profile Fiduciary Rule Case</p>
A team of WilmerHale litigators recently achieved a major victory when the US Court of Appeals for the Fifth Circuit vacated the US Department of Labor's highly controversial Fiduciary Rule, giving opponents of the regulations embodied by the rule their first victory after several previously unsuccessful lawsuits.
2018-04-02T00:00:00-04:002018-04-02T14:05:47ZFINRA Requests Comment on Proposed New Outside Business Activities Rule
FINRA is seeking comment on a proposed new rule, FINRA Rule 3290 (the “Proposed Rule”), which governs the outside business activities and private securities transactions of registered persons. The Proposed Rule would replace both current FINRA Rule 3270 (Outside Business Activities of Registered Persons) and current FINRA Rule 3280 (Private Securities Transactions of Associated Persons), and is intended to reduce unnecessary burdens and focus compliance resources on activities most likely to pose a risk to investors.
2018-04-02T00:00:00-04:002018-04-03T22:00:18ZBruce H. Newmanhttps://www.wilmerhale.com/bruce_newman/bruce.newman@wilmerhale.comTiffany J. Smithhttps://www.wilmerhale.com/tiffany_smith/tiffany.smith@wilmerhale.comAlexandra Levinehttps://www.wilmerhale.com/alexandra_levine/alexandra.levine@wilmerhale.com<p>Massachusetts Pregnant Workers Fairness Act: Due Date Nears</p>
As the April 1, 2018 effective date nears, we wanted to take the opportunity to remind Massachusetts employers of their obligations under the new Pregnant Workers Fairness Act.
2018-03-30T00:00:00-04:002018-03-30T15:15:24ZJonathan D. Rosenfeldhttps://www.wilmerhale.com/jonathan_rosenfeld/jonathan.rosenfeld@wilmerhale.comLaura E. Schneiderhttps://www.wilmerhale.com/laura_schneider/laura.schneider@wilmerhale.comAndrew Stauberhttps://www.wilmerhale.com/andrew_stauber/andrew.stauber@wilmerhale.com<p>Infrastructure Series: Border Wall Litigation Update</p>
As discussed in previous issues of WilmerHale's Infrastructure Series, the Trump Administration is examining legislative and executive actions to streamline the permitting of infrastructure projects.
2018-03-29T00:00:00-04:002018-03-29T15:47:13ZJonathan G. Cedarbaumhttps://www.wilmerhale.com/Jonathan_Cedarbaum/jonathan.cedarbaum@wilmerhale.comMichael J.P. Hazelhttps://www.wilmerhale.com/michael_hazel/michael.hazel@wilmerhale.comDerek A. Woodmanhttps://www.wilmerhale.com/derek_woodman/derek.woodman@wilmerhale.comSEC Proposes Transaction Fee Pilot for NMS Stocks
On March 14, 2018, the Securities and Exchange Commission (SEC) proposed Rule 610T of Regulation NMS under the Securities Exchange Act of 1934 to conduct a pilot program (Pilot) to study the effect of equity exchange transaction fees and rebates, and changes to those fees and rebates, on order routing behavior, execution quality and market quality.
2018-03-27T00:00:00-04:002018-03-27T14:43:49ZAndre E. Owenshttps://www.wilmerhale.com/andre_owens/andre.owens@wilmerhale.comTiffany J. Smithhttps://www.wilmerhale.com/tiffany_smith/tiffany.smith@wilmerhale.comCherie Weldonhttps://www.wilmerhale.com/cherie_weldon/cherie.weldon@wilmerhale.comJeremy Moorehousehttps://www.wilmerhale.com/jeremy_moorehouse/jeremy.moorehouse@wilmerhale.comBoard Oversight of Cybersecurity
Cybersecurity is one of the highest priority issues for public company executives and directors. This note shares our views—developed over our involvement in the aftermath of many cybersecurity events as well as counseling on cyber-preparedness—on how boards can properly oversee cybersecurity risks. This client alert was also published by Law360.
2018-03-26T00:00:00-04:002018-04-04T21:46:01ZJamie Gorelickhttps://www.wilmerhale.com/jamie_gorelick/jamie.gorelick@wilmerhale.comMeredith B. Crosshttps://www.wilmerhale.com/meredith_cross/meredith.cross@wilmerhale.comWilliam R. McLucashttps://www.wilmerhale.com/william_mclucas/william.mclucas@wilmerhale.comBenjamin A. Powellhttps://www.wilmerhale.com/benjamin_powell/benjamin.powell@wilmerhale.comJonathan Wolfmanhttps://www.wilmerhale.com/jonathan_wolfman/jonathan.wolfman@wilmerhale.comJonathan G. Cedarbaumhttps://www.wilmerhale.com/Jonathan_Cedarbaum/jonathan.cedarbaum@wilmerhale.comNicole Rabnerhttps://www.wilmerhale.com/nicole_rabner/nicole.rabner@wilmerhale.comJennifer A. Zepralkahttps://www.wilmerhale.com/jennifer_zepralka/jennifer.zepralka@wilmerhale.comLeah Schlosshttps://www.wilmerhale.com/leah_schloss/leah.schloss@wilmerhale.com<p>Pre-Merger Information Sharing: The FTC Weighs In</p>
A month ago, we covered recent European competition law developments on pre-merger information sharing and “gun jumping” among merging parties. In a timely reminder that the same questions also are relevant in the United States, the Federal Trade Commission recently issued a blog post on antitrust pitfalls during pre-merger discussions and due diligence.
2018-03-26T00:00:00-04:002018-03-26T14:17:43ZHartmut Schneiderhttps://www.wilmerhale.com/hartmut_schneider/hartmut.schneider@wilmerhale.comLeon B. Greenfieldhttps://www.wilmerhale.com/leon_greenfield/leon.greenfield@wilmerhale.com