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Articles by Cooley LLP
European Parliament Debates The Impact Of Schrems 2 On EU-US Data Transfers
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California Legislature Passes Bill Impacting Nonprofit Higher Education Institutions | Lexology
Despite the pandemic and the resulting abbreviated legislative docket in 2020, the California Assembly managed to resurrect one of its stalled bills from 2019 and successfully move it through both houses. It is now “enrolled” and will head to the Governor’s desk for final action. We wrote extensively last year about the California legislative package of seven bills impacting private postsecondary education during the 2019 cycle.
SEC adopts amendments to modernize Reg S-K requirements for business, legal proceedings and risk factor disclosures (UPDATED) | Lexology
[This post revises and updates my earlier post primarily to reflect the contents of the adopting release.] By a vote of three to two, on Wednesday, the SEC voted to adopt amendments, substantially as proposed with some modifications, to modernize the Reg S-K disclosure requirements related to the descriptions of business, legal proceedings and risk factors.
Forbius Agrees To Sell To Bristol Myers Squibb
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Q2 2020 Quarterly VC Update: Michael Lints On Navigating Through The Storm
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Cooley: A Four-Time Best Workplace For Millennials - Employment and HR - United States
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GAO finds lack of consistency in ESG disclosure—how will the SEC respond? | Lexology
In 2018, in recognition of the increasing expectation of shareholders to see disclosure regarding material environmental, social and governance issues that affect financial performance and communities, Senator Mark Warner asked the GAO to prepare a report on public company disclosure regarding ESG. That report has now been issued.
Representative actions and insurance: some looming traps for product manufacturers | Lexology
Introduction As reported in our earlier blog, a compromise has recently been reached in respect of the content of a new EU Directive on consumer collective redress (the Directive), with the final directive likely to come into force by the end of the year and member states to transpose it into national law thereafter.
10 Key Considerations For Going Public With A SPAC
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NY Public Interest Lawyers' Group Releases Legal Guides For Nonprofits In Climate Of 'Immense Pressure'
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The Best Workplaces In New York Rise To The Challenges Of COVID-19 And Beyond
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Best Practices To Increase Workplace Diversity
United States: Best Practices To Increase Workplace Diversity 16 July 2020 Cooley LLP To print this article, all you need is to be registered or login on Mondaq.com. According to a recent Monster poll, 62% of job candidates said they would turn down a job offer at a company they didn't feel values workplace diversity. Among Gen Z job seekers, diversity and inclusion is even more of a dealbreaker.
4C Insights Agrees To Sell To Mediaocean
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Sazerac To Acquire Paul Masson Grande Amber Brandy From Constellation Brands - Corporate/Commercial Law - United States
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Q1 + April 2020 Quarterly VC Update: Tip Of The Iceberg?
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NYSE takes another crack at primary direct listings—will it succeed? | Lexology
In late November last year, the NYSE filed with the SEC a proposed rule change that would have allowed companies going public to raise capital through a primary direct listing. Under current NYSE rules, only secondary sales are permitted in a direct listing. As a result, thus far, companies that have embarked on direct listings have looked more like well-heeled unicorns, where the company was not necessarily in need of additional capital.
Is it time for a reimagined compensation committee? | Lexology
Perhaps during the shutdown, when you’re watching more TV than you might like to admit, you’ve seen some new commercials a bit like this: a happy face-masked employee on the line or in a lab displaying all the sanitizing and other pandemic-related safety precautions that the company is taking to protect the employee’s work environment. Cut to the employee at home with giggling youngsters, illustrating the importance of safety measures at work to protect family at home.
Options For US Small Businesses In Distress In Age Of COVID-19
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Flexibility for our furry friends | Lexology
EU regulators have taken steps to address supply chain disruption and increased demand in veterinary medicines caused by the COVID-19 pandemic. During the COVID-19 pandemic, much focus has been placed on the importance of non-disruption to the EU medicines supply chain for humans, and the development of new medicines for the fight against COVID-19.
USPTO Extends Deadlines Under CARES Act
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Year-End Reporting For Equity Incentive Plans With UK Participants Due July 6
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Workplace Testing And Data Protection: Guidance For Employers
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Reinsurance in the time of Corona - Part 1 | Lexology
This increased exposure for insurers will inevitably give rise to significant reinsurance claims. While most classes of insurance will experience some COVID-19-related claims, event/contingency, travel, health and business interruption are the most likely to be affected, at least in the short to medium term.
Launch Of The Future Fund
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10 Key Considerations In Preparing For A Direct Listing
To print this article, all you need is to be registered or login on Mondaq.com. 1. Avoiding dilution versus fundraising A critical consideration in any IPO, but particularly when the IPO price is lower than recent private valuations or expectations, is the significant dilution associated with the shares sold by the company to the public.
Section 83(b) Election Deadline Extended To July 15, 2020
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The US-UK Data Access Agreement: A New Dawn For Transatlantic Criminal Investigations?
Worldwide: The US-UK Data Access Agreement: A New Dawn For Transatlantic Criminal Investigations? 20 May 2020 Cooley LLP To print this article, all you need is to be registered or login on Mondaq.com.
New PPP Loan FAQ: Limited Safe Harbors Related To Necessity Certifications - Coronavirus (COVID-19) - United States
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High Court Rules On Materiality Of Non-Compliance With Terms Of Separate Policy
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SEC v. Telegram: Key Takeaways And Implications
To print this article, all you need is to be registered or login on Mondaq.com. On March 24, 2020, Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York granted the Securities and Exchange Commission's (SEC) request for a preliminary injunction against Telegram Group Inc. and TON Issuer Inc.
San Jose + San Francisco Enact Temporary Emergency Paid Sick Leave Requirements For Employers Not Covered By FFCRA
As mentioned in previous Cooley alerts, the federal Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees to provide emergency paid sick leave to eligible employees. San Jose and San Francisco have each enacted temporary local ordinances intended to fill the gap in coverage under the FFCRA by providing emergency paid sick leave to certain employees who are not otherwise covered by the FFCRA.
Practical Considerations For Boston Employers Preparing ‘Return To Office' Plans - Coronavirus (COVID-19) - United States
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FCC Makes It Easier For Broadcasters And Cable Operators To Rehire Laid Off Employees
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New PPP Loan FAQ: Safe Harbor Extended To May 14, 2020
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Practical Considerations For Employers Preparing ‘Return To Office' Plans - Coronavirus (COVID-19) - United States
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FSA raises bar for CBD food products | Lexology
European Union, United Kingdom
May 11 2020 What has changed? The UK Food Standard Agency (FSA) has released a statement regarding the authorisation of cannabidiol (CBD) food products following concern regarding unauthorised products on the market. Three key takeaways from the FSA statement, which can be reviewed in full here, are listed below: Businesses need to submit, and have fully validated, novel food authorisation applications by 31 March 2021.
Html.Raw(Coronavirus And The Courts – A Case For Continuity? - Coronavirus (COVID-19) - United States)
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Nasdaq tolls compliance period for certain continued listing requirements | Lexology
The SEC has declared immediately effective a Nasdaq rule proposal providing relief to listed companies that, in light of market conditions resulting from the impact of COVID-19, have fallen out of compliance with two of the Nasdaq continued listing standards. The relief will provide companies with a longer period to regain compliance with the bid price and “market value of publicly held shares” continued listing requirements by tolling the compliance periods through June 30, 2020.
Corp Fin staff updates guidance for “notice-only” delivery of proxy materials | Lexology
The Corp Fin staff announced that it has updated its Guidance for Conducting Shareholder Meetings in Light of COVID-19 Concerns (see this PubCo post), originally published on March 13. The updated guidance clarifies that the prior guidance regarding changes to the date, time and place of annual meetings of shareholders also applies to special meetings.
Glass Lewis to publish unedited company feedback with its research reports | Lexology
You might recall that, in November 2019, the SEC proposed amendments to the proxy rules to add new disclosure and engagement requirements for proxy advisory firms, such as ISS and Glass Lewis. Among the amendments included in that proposal was a new provision that would require proxy advisory firms to allow companies time to review and provide feedback on the advisory firm’s advice in advance of dissemination of the advice to the firm’s clients.
Reducing Personnel Expenses In An Uncertain Economy
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SEC’s Carve-Out from SOX 404(b) for Low-Revenue Companies
Cydney S. Posner is special counsel at Cooley LLP. This post is based on a Cooley memorandum by Ms. Posner.
US Enacts The Families First Coronavirus Response Act - Coronavirus (Covid-19) - United States
To print this article, all you need is to be registered or login on Mondaq.com. On March 18, 2020, one week after the World Health Organization announced that the spread of COVID-19 qualified as a "pandemic," the president signed the Families First Coronavirus Response Act (FFCRA).
Europe Issues Pragmatic Privacy Guidance For COVID-19 Data Processing
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COVID-19 Pandemic: FDA Recommendations For Companies Involved In The Conduct Of Clinical Trials
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New York State Enacts Law To Provide Sick Leave And Expand Benefit Eligibility For Quarantined Workers
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Governor Temporarily Modifies California's WARN Act For Employment Actions Taken In Response To COVID-19
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US Guidance On Collection, Use And Disclosure Of Personal Information To Combat COVID-19
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Six Bay Area Counties Issue Shelter-In-Place Orders Effective March 17, 2020
To print this article, all you need is to be registered or login on Mondaq.com. On March 16, 2020, six Bay Area counties (Santa Clara, San Francisco, San Mateo, Marin, Alameda and Contra Costa) issued Orders directing all individuals living in these specific counties to shelter at their place of residence except to provide or receive certain Essential Services, engage in certain Essential Activities or perform work for Essential Businesses and Governmental Services.
Today, in light of the continuing impact of COVID-19, the SEC issued | Lexology
Today, in light of the continuing impact of COVID-19, the SEC issued an order extending the filing periods covered by its previous conditional reporting relief. The order provides public companies with a 45-day extension to file or furnish specified SEC filings that would otherwise have been due between March 1 and July 1, 2020. The order supersedes and extends the SEC’s original order of March 4, 2020, which had applied to filings due between March 1 and April 30, 2020.
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