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An ESGplanation of ERISA's New Regulation on Social Investing

The U.S. Department of Labor (the “DOL”) on October 30, 2020 released a final regulation (the “Final Regulation”) relating to the consideration of non-pecuniary factors by fiduciaries of employee...

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The Past as Prologue: California Voters Approve CPRA as AG Proposes New CCPA...

On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (CPRA). Crafted to address perceived gaps in the California Consumer Privacy Act (CCPA), the CPRA...

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Newsflash – Coronavirus Job Retention Scheme – Notice Period Wages No Longer...

In keeping with its tradition of issuing updates to the Coronavirus Job Retention Scheme (“CJRS”) on Fridays, the guidance issued earlier this week on the extended CJRS has been amended this evening...

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Schrems II: European Data Protection Board Data Transfers Guidance

More than three months after the landmark Schrems II decision of the Court of Justice of the European Union (“CJEU”), the European Data Protection Board (“EDPB”) has issued its recommendations on...

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Trumps Bans Investments in Publicly Traded Securities of “Chinese Military...

President Trump issued an Executive Order on November 12, 2020 that will prohibit U.S. persons from investing in publicly traded securities of certain companies determined to be affiliated with...

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Overview of the EU Shareholder Rights Directive II

What is the law? Directive (EU) 2017/828 (“SRD II”), amending the Shareholder Rights Directive (2007/36/EC), came into force on 9 June 2017 [link]. SRD II introduced new transparency obligations on...

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A Change is Coming: European Commission Releases Draft SCCS For Data Transfers

On November 12, 2020, the European Commission (EC) published a long anticipated draft of new Standard Contractual Clauses (SCCs) for the transfer of personal data from the European Economic Area (EEA)...

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Inexorably SOFR…But Hang On!

Timing is everything.  I published a piece two weeks ago on LIBOR transition to SOFR and suggested that folks get on with it and embrace this flawed but seemingly inevitable new SOFR index.  Writing...

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Some COVID-Accelerated Changes in the Residential Home Buying and Financing...

Fintech has been changing the process of buying a residential home for years, but the pandemic has boosted the speed of change into hyperdrive. While some of these innovations may not be required...

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Election 2020: How a Biden-Harris Administration May Impact OTC and...

As we look ahead to a Biden-Harris administration and its potential impact on the over-the-counter (“OTC”) and dietary supplements industries, we see both opportunities and risks. While democratic...

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Illinois Expands Defendants’ Access to Discovery in Criminal Cases

On October 23, 2020, the Illinois Supreme Court amended its rules, which apply to all criminal proceedings in the state of Illinois, to expand criminal defendants’ access to discovery materials....

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A Look at the Current State of ERISA Class Action Litigation

This OnPoint is the first in a series that will examine important trends and developments in class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA).  Here, we look...

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SEC Enforcement Division Releases 2020 Annual Report: COVID-19 Impacts...

The Enforcement Division of the Securities and Exchange Commission (Division) released its Annual Report on November 2, 2020, providing information concerning its activities over the past fiscal year...

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2020 Golden Turkey Awards

So, once again, time for Dechert’s acclaimed (at least by us) Annual Golden Turkey Awards.  It is rather a difficult time for comedy; we are in the throes of a completely unfunny pandemic.  Sitting...

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Analysis of the SEC’s Final Rulemaking to Regulate the Use of Derivatives and...

The U.S. Securities and Exchange Commission on October 28, 2020 approved by a 3-2 vote a new rule and rule and form amendments related to the use of derivatives and certain other transactions by...

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Landmark Reform of UAE Foreign Ownership and Investment Laws - Foreign...

This briefing supplements our previous Dechert OnPoint briefings “Alert on New UAE FDI Law,” and “UAE FDI Law Positive List Confirmed” which discussed the introduction of the Foreign Direct Investment...

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Overseas Production Orders – Where are we now?

In March 2019 Dechert reported that the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) had granted UK authorities new extra-territorial powers.

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Preparing the Pitch – Central Bank of Ireland Publishes Consultation and Q&A...

The Central Bank of Ireland (the “Central Bank”) has published two documents which are significant steps towards enhancing the private equity and private credit product offerings currently available...

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English Court of Appeal calls a halt to the cross-border laundering of judgments

The eagerly anticipated decision of the English Court of Appeal in Strategic Technologies Pte Ltd v. Procurement Bureau of the Republic of China Ministry of National Defence has confirmed that it is...

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UK Life Sciences and Healthcare Newsletter - December 2020: The UK National...

The UK has announced a bill proposing a new system to screen transactions for national security risk, separate from the system of merger review operated by the Competition and Markets Authority. The...

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