Life Science Reverse Mergers Gain Momentum & Attention
Lex Blog » Southern California Bankruptcy Law Blog
by Caitlin Kaplan
9m ago
Webinar | May 2, 2024 12:00 p.m. – 1:00 p.m. EDT Register here. For life sciences companies, reverse merger transactions have become increasingly popular. However, merging into a public life sciences company that has experienced a failed clinical program often raises heightened SEC scrutiny and raises legal considerations. During this session, we will discuss: Structuring alternatives; Recent transactions structured as reverse mergers into public companies; SEC comments in connection with recent reverse mergers; Documentation, process and timeline; New SEC Rule 145a and considerations to avoi ..read more
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Why You Should Never Write a Book
Lex Blog » Southern California Bankruptcy Law Blog
by Michael DeLon
9m ago
That may sound strange coming from a guy who earns his living helping lawyers publish their book, but I believe it with all my heart.  In today’s overcrowded marketplace, being seen as “the expert” by having your own book is a given. The question is not, “Should I have a book?” (You definitely should.)  The question is, “What’s the best way to get my book done?” When I say, “you should never write a book,” what I mean is that you should not type your book. Laboring in front of your computer typing away trying to get the thoughts from your head onto paper is not the highest and best u ..read more
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FTC Bans Employee Noncompete Agreements; Challenges Expected
Lex Blog » Southern California Bankruptcy Law Blog
by Broc Romanek
9m ago
Here’s the teaser from this Client Update: “On April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after 26,000 public comments flooded the FTC in response to its January 2023 Proposed Rule to ban noncompete agreements. The Final Rule is set to go into effect 120 days following publication in the Federal Register, but a series of major challenges to the Rule—and to the FTC’s authority to make and enforce the Rule—are expected, with some al ..read more
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Are you surprised that threat actors target Google?
Lex Blog » Southern California Bankruptcy Law Blog
by Peter Vogel
9m ago
SCMagazine.com reported that “Google issued a Windows and Mac patch for a critical Chrome bug, and will roll out a Linux patch in the coming days and weeks. In an April 24 blog post, Google said the flaw — CVE-2024-4058 — was a type confusion in ANGLE, Google Chrome’s graphics layer engine. The large tech vendor made no mention as to whether the flaw was exploited in the wild, but past reporting by SC Media indicates that threat actors do exploit type confusions in Google Chrome.”  The April 24, 2024 article entitled “Google patches critical type-confusion flaw in Chrome browser” (https ..read more
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EHDS Series – 5: European Health Data Space Governance, Enforcement and Timelines
Lex Blog » Southern California Bankruptcy Law Blog
by Kristof Van Quathem
9m ago
In March 2024, the EU lawmakers reached agreement on the European Health Data Space (EHDS).  Although the text has not yet been formally adopted by all the European institutions, a number of interesting points can already be highlighted.  This article focuses on the governance and enforcement of the EHDS; for an overview of the EHDS generally, see our first post in this series. The final text of the EHDS was adopted by the European Parliament on 24 April 2024 and is expected to be formally adopted by the European Council in the coming months. 1: Governance Th ..read more
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Pursuant to Rule 702, This One Is Or-ah-gone
Lex Blog » Southern California Bankruptcy Law Blog
by Lisa Baird
9m ago
Local counsel in one of our cases made it clear that unless we wanted to broadcast that we were from out of state, we needed to pronounce Oregon as “Or-gun” not “Or-ah-gone”, and we have tried to remember that tip ever since.  But today’s District of Oregon case, Glover v. Avanos Med., Inc., No. 3:20-cv-01452-AR, 2024 U.S. Dist. LEXIS 66853, 2024 WL 1530685 (D. Or. Mar. 19, 2024), involves a Rule 702 expert exclusion and accompanying grant of summary judgment, so we will revert to our former mispronouncing ways because this case is gone (very bad sort-of pun regrettably intended). Or rath ..read more
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New Cert Petition: Tolling Statutes Of Limitations; Are Equitable Remedies Available For Takings?
Lex Blog » Southern California Bankruptcy Law Blog
by noemailnoemail-org-robert-thomas-inversecondemn
9m ago
Here’s the latest, a cert petition where the property owners are represented by Michael Berger.   We’re not going to be saying too much here, because a Berger cert petition certainly doesn’t need any furter explication by us. And, our firm is going to be filing an amicus brief, urging the Court to take up this case (so this is going to be one of our cases, too). Here are the Questions Presented: Petitioners’ predecessors sold an easement to the United States in order to preserve the land’s environmental character and to permit members of the public to use the easement as a t ..read more
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Silent Greenwashing: The Economic Case for Moving from Voluntary to Mandatory Environmental Disclosure
Lex Blog » Southern California Bankruptcy Law Blog
by Julien Manili
9m ago
As consumers demand protections for the environment, corporations increasingly tout their sustainability efforts. Yet, economic indicators demonstrate that those efforts are mostly talk. Research and development on greener products and processes remains remarkably low, at about 4 percent of global R&D, and global emissions continue to increase. This raises an important question: Why do companies fail to self-regulate toward sustainability despite growing environmental concern among consumers? Most economists would answer that only extrinsic incentives – carbon taxation, R&D subsidies ..read more
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Wachtell Lipton Discusses FTC’s Sweeping Ban on Employment Non-Competes
Lex Blog » Southern California Bankruptcy Law Blog
by Nelson O. Fitts, Michael J. Schobel and Emily E. Samra
9m ago
In a public meeting Tuesday, a divided Federal Trade Commission voted along party lines to issue a final rule prohibiting non-compete clauses for nearly all U.S. workers.  The FTC previously published the proposed ban in January 2023, drawing thousands of public comments.  The final rule hews closely to the initial proposal, but with slightly broader exceptions. Non-compete clauses prevent an employee or other individual service provider from working for a competitor or starting a competing business of her own for a defined time period after she leaves her job.  The FTC’s new ru ..read more
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FTC Bans Most Noncompetes – But Don’t Get Too Excited
Lex Blog » Southern California Bankruptcy Law Blog
by Donna Ballman
9m ago
The long-awaited rule from the Federal Trade Commission regarding noncompetes was released yesterday, and it’s a doozy. The FTC “has determined that it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into noncompetes with workers and to enforce certain noncompetes.” You can safely assume there will be lots of litigation over this new rule. And I wouldn’t hold my breath that the Supreme Court in its current makeup will uphold it. Meanwhile, until a court says otherwise, the rule is in place. What does it mean? Effective date:&nbs ..read more
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