Cleary Gottlieb partner Chase Kaniecki and associates Samuel Chang, William Dawley, and B.J. Altvater co-authored the United States chapter in Lexology Panoramic: Foreign Investment Review 2024.
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Biden Administration Executive Order Targets Bulk Data Transactions
The Biden administration recently issued Executive Order 14117 (the “Order”) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” Building upon earlier Executive Orders[1], the Order was motivated by…
New Privacy Laws Enacted in New Jersey and New Hampshire
On January 16, 2024, New Jersey officially became one of a growing number states with comprehensive privacy laws, as Governor Phil Murphy signed Senate Bill 332 (the “New Jersey Privacy Act”) into law.[1] New Hampshire followed closely behind,…
Antitrust Review Episode 23: In Conversation With Saverio Valentino
In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Saverio Valentino, Board member of the Italian Antitrust Authority. The conversation covers Saverio’s first year in the role, the agency’s current priorities, merger…
Delaware Court of Chancery Invalidates Common Provisions in Stockholder Agreements
With a stroke of the pen, the Delaware Court of Chancery invalidated commonplace provisions in scores of stockholder agreements relating to public corporations and likely many more relating to private corporations. In West Palm Beach Firefighters’ Pension Fund v. Moelis…
Fourth Circuit Vacates $1 Billion Damages Award in Music Piracy Lawsuit
Last week the Fourth Circuit reversed a $1 billion copyright verdict against an internet service provider and ordered a new trial on damages allegedly arising from illegal music downloads by its subscribers. In Sony Music Entertainment et al. v. Cox…
Updates to the Critical and Emerging Technologies List Signal Refinement of Focus
The U.S. National Science and Technology Council (NSTC)[1] recently published an updated list of critical and emerging technologies (CETs) as part of an ongoing effort to identify advanced technologies that are potentially significant to U.S. national security. We previously…
UPSTO Issues “Significant” Guidance on Patentability of AI-Assisted Inventions, but unlike USCO, Does Not Require Disclosure of AI Involvement
The United States Patent and Trademark Office (“USPTO”) issued guidance on February 13, 2024 (the “Guidance”) regarding the patentability of inventions created or developed with the assistance of artificial intelligence (“AI”), a novel issue on which the USPTO has been…
FinCEN Tries Again . . . to Impose AML Requirements on Investment Advisers
On February 15, 2024, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) released a notice of proposed rulemaking (the “Proposed Rule”)[1] that would impose anti-money laundering/countering the financing of terrorism (“AML/CFT”) compliance obligations on SEC-registered investment advisers (“RIAs”)…
Overall number of German FDI screenings slightly dropped in 2023, but review follows the trends of prior years
The German FDI authority, the Federal Ministry for Economic Affairs and Climate Action (“BMWK”), has published the German FDI screening statistics for 2023.[1]…