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Litigation

  • Lavigne and Serrato Co-Author Article in Street & Smith’s Sports Business Journal on Hacking Scandals and Vulnerabilities

    24 Aug 2017
    Partner Christopher LaVigne (New York-Litigation) and counsel Jeewon Kim Serrato (San Francisco-Privacy & Data Protection) co-authored an article discussing the recent hacking scandals in the sports industry as well as possible vulnerabilities for professional sports teams and leagues.
  • New York State Cybersecurity Regulations: First milestone in sight, what is next on the horizon?

    22 Aug 2017

    The New York State Department of Financial Services (“NYDFS”) enacted final cybersecurity regulations (“Regulations”) for NYDFS regulated entities that went into effect on March 1, 2017. The first deadline for compliance under the Regulations is August 28, 2017, by which date covered entities are required to, among other things, create a written cybersecurity policy and appoint a Chief Information Security Officer (“CISO”). The Regulations also require an annual certification by the Chairperson of the covered entity’s Board of Directors (or a senior officer) as to the entity’s compliance with the Regulations. As the first such certification is required to be made by February 15, 2018, and the NYDFS has issued updated Frequently Asked Questions (“FAQs”) that provide additional compliance guidance, now is the time to look beyond the first deadline and begin taking action.

  • Governance & Securities Law Focus: Latin America Edition

    Aug 2017

    This newsletter provides a snapshot of the principal US and selected international governance and securities law developments during the second quarter of 2017 that may be of interest to Latin American corporations.

  • Governance & Securities Law Focus: Asia Edition, July 2017

    July 2017

    In this newsletter, we provide a snapshot of the principal Asian, US, European and selected international governance and securities law developments of interest to Asian corporates and financial institutions.

  • CHOICE Act 2.0 Passes the House: What Is the ‘CHOICE’?

    20 Jul 2017

    On June 8, 2017, the House of Representatives passed an amended version of H.R. 10, the Financial CHOICE Act of 2017, or CHOICE Act 2.0, which scales back or eliminates many of the post-crisis financial reforms that were promulgated by the Dodd-Frank Wall Street Reform and Consumer Protection Act including, for example, the Volcker Rule, the authority of the Financial Stability Oversight Council to designate systematically important financial institutions, and the orderly liquidation authority. In addition, CHOICE Act 2.0 proposes a number of capital market reforms directed at easing the regulatory burden on smaller issuers. The passage of CHOICE Act 2.0 represents a significant step towards financial regulatory reform that the Republican leadership has been calling for since the passage of the Dodd-Frank Act.

  • M&A Watch: That’s the Way the Cookie Crumbles – Delaware Court Rejects MAE Claim in Commercial Contract Litigation

    19 Jul 2017

    The Delaware Court of Chancery recently reaffirmed its approach to Material Adverse Effect jurisprudence in the context of a commercial arrangement.

  • Governance & Securities Law Focus: Europe Edition, July 2017

    Jul 2017

    In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates.

  • Sanctions Round Up: First Half 2017

    6 Jul 2017

    The first six months of the Trump Administration saw several notable developments for US sanctions, with particular implications for Russia and Iran.  The Administration also declared a shift in US policy toward Cuba.  Meanwhile, OFAC concluded a major enforcement effort against the Chinese firm ZTE, imposing the largest fine on record against a non-financial entity.

  • Shearman & Sterling's Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act (FCPA) / FCPA Digest

    5 Jul 2017

    Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance programs.

  • United States Supreme Court Clarifies Scope of Specific Personal Jurisdiction in State Court

    22 Jun 2017

    On Monday, June 19, 2017, the Supreme Court clarified the limits of specific personal jurisdiction in state courts, holding that a connection between a defendant’s contacts with the forum and the claims at issue remains essential in establishing whether a state court has such jurisdiction. The Court reversed a decision from the California Supreme Court, rejecting that court’s “sliding scale approach” to specific jurisdiction. Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., No. 16-466 (June 19, 2017). Writing for the Court, Justice Alito analyzed whether plaintiffs’ claims sufficiently arose out of or related to defendant’s forum activities to create specific jurisdiction, and concluded that there was no adequate link between the claims and the forum. In so doing, the Supreme Court more clearly delineated the potential reach of specific personal jurisdiction in state courts. 

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