As a reminder, the new amendments to Rule 15c2-12 of the Securities Exchange Act (the “Rule”) take effect on February 27, 2019. The amendment, summarized in Increased Transparency to Continuing Disclosure Requirements, will change the reporting requirements for issuers (and conduit borrowers) under Continue Reading
Bracing for Brexit: IP Considerations to Deal with No Deal
The United Kingdom is likely to exit the European Union on either March 29, 2019, or on December 31, 2020, depending on whether there is “a deal” (there’s always a chance the parties extend the negotiations or the UK revokes its Brexit notification). Assuming one of these is the “Exit Continue Reading
Venture Capital & Emerging Growth Companies—February 2019
McCarter’s Venture Capital & Emerging Growth Companies Practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our practice continues to expand. New partner Ron Leibman has joined the Continue Reading
Venture Capital & Emerging Growth Companies Activities—February 2019
McCarter’s Venture Capital & Emerging Growth Companies Practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our practice continues to expand. New partner Ron Leibman has joined the Continue Reading
Ignoring Corporate Formalities Could Expose Board of Directors’ Emails to Stockholders
Companies that do not follow corporate formalities and accepted bookkeeping practices may be more susceptible to an expansion of the types or forms of records they have to make available—namely email communications—to inquiring stockholders. In KT4 Partners LLC v. Palantir Tech., Inc., Continue Reading
Hit Pause on Auto-Renewals: Changes Needed by April 2019 to Subscription Plan Operations
Remember Columbia House Records? You signed up, got a dozen albums for a penny, and then maybe tried to cancel your subscription before paying the higher monthly price. This was a very successful business model for attracting new customers and by now has expanded to all manner of products and Continue Reading
Government Shutdown Irony: Battle Over Immigration Impacts E-Verify Employment Eligibility Checks
E-Verify, the online system used by enrolled employers to verify the identity and employment eligibility of newly hired employees against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS), is temporarily suspended. It’s a barely noticed Continue Reading
License to Sell Kills Patent: Supreme Court Holds Confidential Sales May Invalidate Patents in Helsinn Healthcare SA v. Teva Pharmaceuticals USA, Inc.
Can a confidential agreement between a pharmaceutical company and a distributor constitute a patent-invalidating offer for sale of a pharmaceutical product, even if information about the product is never revealed to the public? Yes, it can, according to the Supreme Court’s January 22, 2019 decision Continue Reading
Delaware Court of Chancery Exercises Jurisdiction Over German Company Based on Rare Conspiracy Theory of Jurisdiction
iBio, Inc. v. Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung E.V., C.A. No. 2017-0790-TMR (Del. Ch. Dec. 10, 2018), Montgomery-Reeves, V.C. This action arises from the alleged breach of a technology agreement between Fraunhofer USA Inc. and Plaintiff iBio, Inc., in which the Continue Reading
Data Privacy Gets Pricey: First Enforcement Outside the European Union
The other GDPR shoe has dropped… with the European data protection law being enforced against a Canadian company. Since the sweeping law went into effect on May 25, 2018, the digital world has been waiting for enforcement actions to help bring the law into focus. Recently, one case arose in the Continue Reading