Corporate & Commercial

On December 14, the following decisions (Implementing Decisions) on the equivalence of the legal and supervisory frameworks of certain third countries, in accordance with Article 25(4)(a) of the revised Markets in Financial Instruments Directive (MiFID II), were published in the Official Journal of the EU (OJ): European Commission Implementing Decision ((EU) 2017/2318) on the equivalence of the legal and supervisory framework in Australia applicable to financial markets in accordance with MiFID II. View Full Post
On December 13, as reported in the Corporate & Financial Weekly Digest edition for September 1, 2017, Delegated Regulation (EU) 2017/2294 amending Delegated Regulation (EU) 2017/565 as regards the specification of the definition of systematic internalizers for the purposes of the revised Markets in Financial Instruments Directive (Delegated Regulation), was published in the Official Journal of the European Union (OJ). View Full Post
DOJ’s FCPA Policy Puts Companies on Notice Regarding Electronic Communications As cybersecurity concerns move more companies to batten down employee use of external email accounts and other websites through blocking software and other measures, the DOJ’s recently issued FCPA Corporate Enforcement Policy—now incorporated in the U.S. Attorneys’ Manual—unequivocally states that companies seeking full cooperation credit from DOJ in FCPA cases must ensure that employees are prohibited “from using software that generates but does not appropriately retain business records or communications,” among other business-record retention measures.   View Full Post
This week, SEC Chairman Jay Clayton issued a statement on Initial Coin Offerings (ICO) addressing the legality, fairness, and risks associated with those offerings. Although the agency’s bulletin was one of many recent public statements by federal agencies on ICOs and cryptocurrencies generally, this new warning highlights additional issues and concerns with the ICO phenomenon that are particularly relevant to insurance coverage. View Full Post
3D Printed Medical Implants: Should Laws and Regulations Be Revolutionized to Address This Revolutionary Customized Technology? Previously on this blog, Wilson Elser attorneys have written several posts about 3D printing technology and the law. We have predicted that this new technology has the potential to change the landscape of product liability law. This is happening, and especially so with respect to implantable medical devices, which are revolutionizing the health care industry with their unlimited potential for customization. View Full Post
With the holiday marketing season upon us, marketers launch the month-long, relentless scramble for consumer visibility and coveted advertising space on high-traffic inventory. One matter likely not on marketers’ radars? Antitrust violations. A recent ruling on a case brought by the Federal Trade Commission (“FTC”) against 1-800 Contacts scrutinizes the brand’s ad tech playbook through an antitrust lens, calling into question the legality of certain private agreements. View Full Post
China Manufacturing: The Preliminary Questions We Ask China Manufacturing Agreement Questions Our China lawyers are always working on some China manufacturing matter or another. Those matters typically involve what I internally call the manufacturing trifecta: China NNN Agreement, China Manufacturing Agreement, and China Trademark. For each of these matters (and for just about anything we do), the first thing we try to do is to get a general sense of the client and the project. View Full Post
Oregon Will Make it Easier to Find Cannabis Business Owners Privacy for Oregon cannabis businesses just got tougher People who own businesses often try to keep their names off state-controlled websites and other public registries, to the extent possible. There are various reasons for this: the owners may hope to avoid receiving tax and legal documents in front of clients, may wish to avoid media inquiries, or may simply cherish their privacy. View Full Post