In the past year, there has been a concerted effort by certain plaintiff firms to weaponize environmental, social, and governance (“ESG”) principles to attack corporate boards. On March 19, 2021, the United States District Court for the Northern District of California in Ocegueda v. Zuckerberg, Ca. No. 3:20-cv-04444-LB (N.D. Cal. Mar. 19, 2021), struck a blow against these
On December 4, 2020, the Securities and Exchange Commission announced the settlement of its first ever enforcement action against a public company for misleading COVID-19 related disclosures.[1] The SEC charges centered on alleged misrepresentations the company, a major restaurant operator, made in two press releases during the early days of the pandemic regarding how
On December 2, 2020, with a bipartisan voice vote, the House approved Senate Bill S. 945 to enact the Holding Foreign Companies Accountable Act (the “Act”).
[1] The Senate previously approved the bill by unanimous vote and both the Senate and House expect it to be signed into law by the President. Once implemented by
Much has been written this year related to how the ongoing COVID-19 pandemic has impacted medical device companies, including business disruptions, product shortages, and other challenges. Cybersecurity, though less discussed, is another key risk that can present similar challenges for medical device manufacturers. Companies must focus both on the risk to their medical device products
Palo Alto – Paul Hastings LLP, a leading global law firm, announced today that the firm served as legal advisor to Jasper Therapeutics, Inc. (Jasper Therapeutics) in its agreement to merge with Amplitude Healthcare Acquisition Corporation, a special purpose acquisition company (SPAC).
The merger will result in Jasper Therapeutics becoming a publicly listed company. The
On September 24, 2020, Commodity Futures Trading Commission (“CFTC”) Commissioner Dan Berkovitz discussed the agency’s Anti-Money Laundering (“AML”) enforcement program in detail, signaling the CFTC’s commitment to ensuring that financial institutions and other CFTC registrants comply with applicable AML regulations.
[1] Commissioner Berkovitz’s remarks accord with the priorities of several other regulators that have recently highlighted
Falling foul of notice provisions in sale and purchase agreements
In the recent case of Dodika Ltd & Ors v United Luck Group Holdings Ltd [2020] EWHC 2101, the High Court ruled that a buyer’s written notice of a claim under the tax covenant contained in a sale and purchase agreement (“SPA”) was inadequate as it
a Pandora’s Box of Risks (and Opportunities?)
In recent years, there has been a proliferation of merger control rules throughout the world as well as policy changes in the field. As shown by Amazon’s experience in its recent 16% minority shareholding acquisition of the online restaurant delivery operator Deliveroo, this has led to new risks
Recent reforms on foreign investments control in France have contributed to a substantial evolution of its regime and, in particular, to strengthening its implementation. While Decree No. 2018-1057 of November 29, 2018 initially eased the prior authorization procedure for investment by introducing a preliminary written request to the French Ministry of Economy and Finance (the “Ministry”)
As the global pandemic continues, medical supplies critical to the COVID-19 response have become increasingly scarce. In response to this crisis, on March 23, 2020, President Trump signed
Executive Order 13910 (the “Order”), aimed at preventing price gouging and the hoarding of medically necessary resources in the United States. The Order, issued pursuant to the
Defense