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Third Circuit’s King Drug decision holds no-AG provision can constitute actionable payment
  • Kaye Scholer LLP
  • USA
  • June 30 2015

In the first appellate court decision to consider the issue since FTC v. Actavis, 133 S. Ct. 2223 (2013), the Third Circuit recently held that


Beware increased privacy and data security scrutiny in M&A
  • Kaye Scholer LLP
  • USA
  • June 16 2015

It is important to examine privacy and data security issues in the context of merger and acquisition regulations. M&A agreements frequently contain


IP risks in M&A: have you bought a company or a lawsuit?
  • Kaye Scholer LLP
  • USA
  • June 11 2015

Intellectual property risks in business transactions can undercut the value of the deal and lead to unexpected and harmful business results. This


SEC proposes amendments to Form ADV and Investment Advisers Act rules
  • Kaye Scholer LLP
  • USA
  • June 8 2015

On May 20, 2015, the Securities and Exchange Commission published for comment Release No. IA-4091 (the Release), which proposes amendments to Form


Supreme Court rules on FCA statute of limitations and first-to-file bar
  • Kaye Scholer LLP
  • Iraq, USA
  • June 5 2015

In a unanimous decision issued on May 26, 2015, the US Supreme Court decided two key issues related to the Federal False Claims Act (FCA) in Kellogg


New York Department of Financial Services releases final Bitlicense virtual currency regulations
  • Kaye Scholer LLP
  • USA
  • June 3 2015

On June 3, 2015, the New York Department of Financial Services (NYDFS) released its final Bitlicense virtual currency regulations. Going forward


Transition Service Agreementsdon’t forget the data!
  • Kaye Scholer LLP
  • USA
  • June 2 2015

The Transition Service Agreement (TSA) is the oft-neglected agreement in an M&A transaction. Although TSAs are starting to get their due, parties


Get ready for Fed. Circ. guidance on AIA trials
  • Kaye Scholer LLP
  • USA
  • June 2 2015

Starting in late 2012, the first petitions were filed for the new adversarial America Invents Act proceedings before the newly formed Patent Trial


Second Circuit holds that coercive “product hopping” likely violates antitrust law
  • Kaye Scholer LLP
  • USA
  • June 1 2015

In New York v. Actavis, the Second Circuit Court of Appeals became the First Circuit to address so-called "product hopping" in the pharmaceutical


M&A and corporate governance newsletter- Spring 2015
  • Kaye Scholer LLP
  • USA
  • June 1 2015

A decision issued last month by Chancellor Bouchard of the Delaware Chancery Court in Calma v. Templeton reminds us that care must be taken by a board