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A Fresh Take Blog

Articles: 1-10 of 522

Basel III Endgame, Take Two: 8 Key Takeaways from the Federal Banking Agencies’ Capital Re-Proposals

USA - March 23 2026 After nearly three years of controversy, the long-awaited U.S. implementation of Basel III endgame is getting a do-over. On March 19, 2026, the…

Federal Appeals Court Ruling Affirms Less Burdensome HSR Form is Back

USA - March 20 2026 On March 19, 2026, the U.S. Court of Appeals for the Fifth Circuit denied the Federal Trade Commission’s (FTC) emergency motion for a stay pending…

Distressed Financing Pitfalls: When Execution Goes Off Track (Part 5)

USA - March 16 2026 We know you missed us, so we are back to examine some more pitfalls that may be unidentified or ignored until they are those monsters keeping…

FTC Announces New Proposed Rules on Rental Housing Fees and Negative Option Rule: Key Insights from New FTC Rulemaking Initiatives

USA - March 12 2026 On January 30, 2026, the Federal Trade Commission (FTC) announced that it has issued two Advance Notices of Proposed Rulemaking (ANPRMs): one…

President Trump Issues Executive Order Targeting Transnational Cybercrime and Fraud

USA - March 12 2026 On March 6, 2026, President Trump signed an Executive Order (“EO”) titled "Combating Cybercrime, Fraud, and Predatory Schemes Against American…

Best Practices in Structuring Royalties in License & Collaboration Agreements

USA - March 11 2026 The increased prevalence of royalty-related disputes under license and collaboration agreements in the life sciences industry reflects the complexity…

One Policy to Rule Them All: DOJ Appears to Supersede District-Specific Corporate Enforcement Programs

USA - March 11 2026 On March 10, 2026, the US Department of Justice (DOJ) released what it described as its first-ever Department-wide corporate Enforcement Policy for…

Law Firms Take Notice: Second Circuit Rejects "Foreign Discoverability" Limitation for § 1782 Discovery

USA - March 9 2026 The US Court of Appeals for the Second Circuit recently held that a district court did not abuse its discretion by granting Section 1782 discovery…

SEC Exempts Certain Officers and Directors of FPIs from Six Jurisdictions from Section 16(a) Reporting

USA - March 7 2026 On March 5, the U.S. Securities and Exchange Commission used its exemptive authority under the Holding Foreign Insiders Accountable Act (the “HFIAA’)…

SDNY Opens a New Door to Early Conditional Corporate Declinations

USA - March 6 2026 On February 24, 2024, the United States Attorney’s Office for the Southern District of New York (SDNY) announced its new Corporate Enforcement and…