With the new administration and several notable issues continuously emerging in the backdrop, an increase in enforcement actions is expected to hound the Foreign Corrupt Practices Act (FCPA) landscape bringing both complexity and new compliance challenges to businesses. Significant developments affecting large corporate FCPA settlements, multi-jurisdictional FCPA matters, and increased individual enforcement need crucial consideration and anticipation from companies and their counsel.
The number of data breach incidents has continuously ramped up at an alarming pace. As the digital world progresses, cybercriminals have found various ways to infiltrate confidential and sensitive business data, posing profound risks of business disruption, financial losses, and reputational damages. To mitigate these, businesses and their cybersecurity experts must ensure that their sensitive data are safeguarded. They must come up with data security measures and policies as well as cybersecurity assessment tools and strategies to avoid potential data breaches.
Every year, new issues relating to mergers and acquisitions (M&A) continue to emerge along with the increasing volume of transactions. With COVID-19 further complicating the current landscape, dealmakers need to be equipped now more than ever to properly navigate potential risks.
The economic turmoil brought by the COVID-19 pandemic has given rise to a wave of distressed companies. Because of today's chaotic economic landscape, these distressed companies need to be more well versed in dealing with their debts and obligations. With the unprecedented challenges of managing distressed debts in the backdrop, both lenders and creditors will need to explore available options such as restructurings and workouts with increased prudence.
In the US, the calls to step up enforcement of the antitrust laws have been heating up, as evidenced most prominently by President Biden’s Executive Order on Competition. The broad-reaching order, which contained 72 specific initiatives directed across multiple federal agencies, aims to address some of the most pressing competition issues across the economy. In particular, it encourages the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) to vigorously enforce current competition laws, revisit anticompetitive mergers, revise merger guidelines, and increase scrutiny of future mergers. Responding to this call, the FTC announced its decision to rescind the Vertical Merger Guidelines, and both agencies have signaled their intent to revisit the Horizontal Merger Guidelines and the Vertical Merger Guidelines. Chairwoman Lina Khan has similarly initiated a number of policy changes at the FTC aimed at more aggressive antitrust enforcement.
Recent and emerging developments continue to reshape the regulatory landscape of cannabis industry. On February 8, 2021, various companies and advocates founded the United States Cannabis Council (USSC) which is regarded as one of the largest cannabis unions to date.
Critical and emerging issues surrounding Common Reporting Standard (CRS) continue to affect global financial institutions. More and more businesses are becoming vulnerable to financial risks and disputes because of the stiffer compliance requirements as well as the complexities brought by the COVID-19.
Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.
The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities.
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued its Joint Guidance for Human Resources Professionals on no-poach agreements. Since then, the Antitrust Division has continuously emphasized its initiatives in scrutinizing potential anticompetitive employment agreements.
Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.
The number of securities lawsuits have proliferated across various industries since the onset of the COVID-19 outbreak. These filings arose from alleged concealed COVID-19 threats, misleading pandemic-related treatments and services, and inadequate disclosure of the pandemic's impact on financial operations and prospects.
It has been a common practice for lawyers to act as local counsel in lawsuits. Local counsel are typically relied on by out-of-state attorneys when it comes to complying with local rules, reviewing pleadings, and moving for the pro hac vice admission of lead counsel. While acting as local counsel can be beneficial to clients and counsel alike, if not properly guided, various ethical issues may arise.
With today's rapidly evolving digital landscape, cyber threats and data breaches are becoming more sophisticated in terrorizing businesses and organizations of any size. Furthermore, the constantly changing data protection and privacy requirements and policies add up to the complexities and challenges for companies. Without an effective response plan, these threats and issues may pose risks that could significantly disrupt important operations.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Structuring Effective Real Estate Finance Transactions: Key Considerations and Strategies.
