New York – March 28, 2024 – Cooley has filed an amicus brief in the New York Court of Appeals on behalf of 47 corporate law professors in support of the continued application of the internal affairs doctrine. Lawyers Kathleen Hartnett, Patrick Hayden, Samantha Kirby, Alex Kasner, Amie Simmons and…
San Francisco – March 29, 2024 – Cooley, alongside the American Civil Liberties Union (ACLU) and ACLU of Idaho, filed an amicus brief with the US Supreme Court on March 28 in Idaho and Moyle, et al. v. United States in support of allowing emergency abortion care to any patient…
Updated March 29, 2024 – Joined by over 50 cybersecurity leaders, including 20+ new signers, Cooley filed an updated amicus brief that supports SolarWinds’ motion to dismiss the SEC’s amended complaint, which contains more than 50 pages of additional allegations against SolarWinds and its chief information security officer. The brief’s latest…
The Federal Communications Commission (FCC), in a Report to Congress, has adopted new standards for determining when internet services are fast enough to qualify as broadband services. The report sets the speed threshold at 100 megabits per second (Mbps) for downstream traffic and 20 Mbps for upstream traffic for fixed…
On 6 March 2024, the US Department of Commerce, Department of the Treasury and Department of Justice issued a Tri-Seal Compliance Note (compliance note) advising foreign-based companies and individuals to assess their obligations with respect to US export control and sanctions laws and regulations (trade controls) and implement appropriate measures…
California’s Division of Occupational Safety and Health (Cal/OSHA) recently published guidance to assist employers in complying with Senate Bill 553 ahead of the law’s employer compliance date of July 1, 2024. As we reported in November 2023, SB 553 requires virtually all employers to develop, implement, and maintain an “effective”…
On 12 March 2024, the UK Export Control Joint Unit (ECJU) announced that UK export control regulations would be amended to introduce new controls on the export of emerging technologies and provide a number of technical updates. Implemented through the Export Control (Amendment) Regulations 2024, the amendments are set to…
Beijing, Hong Kong and Shanghai – March 19, 2024 – Cooley was honored for its work on three Deals of the Year in 2023 by China Business Law Journal (CBLJ). The publication noted the firm for deals across three practice areas – including mergers & acquisitions, private equity financing, and…
On February 2, 2024, the US Food and Drug Administration (FDA) published a much-awaited final rule: the Quality Management System Regulation (QMSR).1 By issuing this rule, FDA amended the medical device current good manufacturing practice (cGMP) requirements of 21 CFR Part 820 – the Quality System Regulation (QSR) – to…
Last Friday, a federal court in Alabama ruled in National Small Business United v. Yellen that the beneficial ownership information (BOI) reporting requirements established by the Corporate Transparency Act (CTA) are unconstitutional. These CTA provisions, implemented through the BOI reporting rule promulgated by the US Department of the Treasury’s Financial Crimes…
The European Commission’s Recommendation on critical technology areas for the EU’s economic security, issued on October 3, 2023, kick-started an urgent risk assessment by policymakers and private sector stakeholders across the European Union. While this work will be completed over the next few months, policymakers have already given a strong…
Artificial intelligence has transformed the way we live, work and even think. While AI offers seemingly endless potential benefits in the workplace – including improvements in efficiency, cost cutting and innovation – employers must balance those benefits with the legal risks of using AI tools in employment processes. Employers using…
On August 18, 2023, Judge Beryl A. Howell of the US District Court for the District of Columbia issued a first-of-its-kind federal court decision in Thaler v. Perlmutter, et al., agreeing with the US Copyright Office that works generated entirely by artificial intelligence are not copyrightable for lack of human…
In January 2023, the European Union adopted the Corporate Sustainability Reporting Directive (CSRD), which requires EU and non-EU companies with activities in the EU to file annual sustainability reports alongside their financial statements. These reports must be prepared in accordance with European Sustainability Reporting Standards (ESRS). On July 31, 2023,…
San Diego – August 4, 2023 – The California Supreme Court yesterday issued a landmark decision in Turner v. Victoria et al., which ensures essential whistleblower protections for more than 110,000 charities across California. Cooley represented plaintiff and appellant Debra Turner in successfully petitioning the court to review her case…
The UK government has announced its intention to limit the duration of noncompete post-termination restrictions in employment contracts to a maximum of three months. Noncompete covenants are designed to provide business protection to an employer by seeking to restrict a former employee from undertaking employment with a rival competitor for…
In September 2020, the European Commission adopted a digital finance package with the aim of creating a supportive regulatory framework to enable the digital transformation of the European Union’s financial industry. It established the groundbreaking piece of regulation – the Markets in Crypto-Assets Regulation (MiCAR) – to provide a harmonised…
Recently, the US Equal Employment Opportunity Commission (EEOC) made clear that it intends to make discrimination caused by artificial intelligence (AI) tools an enforcement priority over the next four years. This enforcement priority follows the EEOC’s 2021 announcement of its Artificial Intelligence and Algorithmic Fairness Initiative, which launched an agency-wide…
Stock issued by a corporation is treated as qualified small business stock (QSBS) only if, among other requirements, at least 80% of its assets (by value) are used by the issuing corporation in the active conduct of one or more “qualified trades or businesses” (the active business requirement) during substantially…
On May 3, 2023, New York Gov. Kathy Hochul signed legislation into law increasing New York’s minimum wage for most employees beginning January 1, 2024, through 2026. Enacted as part of the state’s budget legislation, increases to the minimum wage beginning in 2027 and beyond will be indexed to the…
On 19 May 2023, the UK Department for Science, Innovation and Technology published the National Semiconductor Strategy, setting out the UK’s 20-year vision to grow deep foundations in semiconductor technology, while also bolstering the UK’s national security and resilience in an industry that has suffered supply chain issues and geopolitical…
In a much-anticipated opinion released on June 1, 2023, the US Supreme Court held that the scienter element of the False Claims Act (FCA) turns on the defendant’s “knowledge and subjective beliefs” – not on “what an objectively reasonable person may have known or believed.” The unanimous decision in the…
Over the past year, the U.S. Department of Justice has garnered headlines by issuing press releases announcing that directors have stepped down from 10 company boards, in response to DOJ concerns that their roles violated the Clayton Act's Section 8 prohibitions on interlocking directorates. In October 2022, the DOJ announced the resignation of…
Increasingly, many small-cap and microcap public companies are failing to secure stockholder approval of critical proposals, particularly for reverse stock splits and authorized share increases. With heavy concentration of shares held in street name (i.e., by retail investors in US brokerage accounts), these companies historically have relied on brokerage firms…