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Intellectual Property Outlook: Cases and Trends to Follow in 2017

USA - January 12 2017 Over the past several years, the United States Supreme Court has become increasingly involved in the area of intellectual property law. During that

Solera Decision Underscores (Again) Difficulties of Challenging a Transaction That Was Approved by Disinterested Stockholders

USA - January 10 2017 In Solera Stockholders Litigation (Jan. 5, 2017), a former stockholder of Solera Holdings, Inc. sought post-closing damages in connection with the

Recent Appraisal Decision Relies Solely on Merger Price to Determine “Fair Value”And May Suggest Greater Receptivity to Downward Adjustments to Exclude Value of Synergies Merion v. Lender Processing

USA - January 5 2017 In a noteworthy appraisal decision, Merion Capital v. Lender Processing Services, Inc. (Dec. 16, 2016), the Delaware Court of Chancery relied entirely

Free Enterprise Fund v. Public Company Accounting Oversight Board: "Dual for-cause" removal struck down; PCAOB operations upheld

USA - July 29 2010 In its final decision of the past term, Free Enterprise Fund v. Public Company Accounting Oversight Board, a 5-4 majority of the Supreme Court held that limits in the Sarbanes-Oxley Act of 2002 (the Act) on the ability to remove members of the Public Company Accounting Oversight Board (the PCAOB or Board) violated separation of powers under the Constitution

Virtual Currencies: Growing Regulatory Framework and Challenges in the Emerging Fintech Ecosystem

China, European Union, Japan, United Kingdom, USA - December 19 2016 In the context of a widely publicized explosion of new technology and innovation designed to disrupt the marketplace of traditional financial

Intellectual Property Outlook: Cases and Trends to Follow in 2017

USA - January 12 2017 Over the past several years, the United States Supreme Court has become increasingly involved in the area of intellectual property law. During that

Solera Decision Underscores (Again) Difficulties of Challenging a Transaction That Was Approved by Disinterested Stockholders

USA - January 10 2017 In Solera Stockholders Litigation (Jan. 5, 2017), a former stockholder of Solera Holdings, Inc. sought post-closing damages in connection with the

Civil False Claims Act: Supreme Court Denial of Certiorari in U.S. ex rel. Purcell v. MWI Lets Stand DC Circuit Decision Limiting FCA Liability Based on Ambiguous Agency Regulation

USA - January 10 2017 On January 9, 2017, the Supreme Court denied certiorari in United States ex rel. Purcell v. MWI Corp., No. 16-361, ending one of the longest running

Recent Appraisal Decision Relies Solely on Merger Price to Determine “Fair Value”And May Suggest Greater Receptivity to Downward Adjustments to Exclude Value of Synergies Merion v. Lender Processing

USA - January 5 2017 In a noteworthy appraisal decision, Merion Capital v. Lender Processing Services, Inc. (Dec. 16, 2016), the Delaware Court of Chancery relied entirely

New European Guidance on Leveraged Transactions

European Union - December 23 2016 The European Central Bank ("ECB") recently launched a public consultation, open until 27 January 2017, on draft guidance for certain credit