by Theodore Edwards, Associate, Pepper Hamilton and Deborah Enea, Associate, Pepper Hamilton Executive Summary After 2021, the UK’s Financial Conduct Authority will no longer encourage or compel banks to provide quotes for LIBOR. LIBOR will likely change or be discontinued entirely. Parties should scrutinize existing financial contracts to determine what effect a change to, or discontinuation of, LIBOR will have. Parties to new financial contracts must build in flexibility to address changes to, or a discontinuation of, LIBOR. Introduction LIBOR has been referred to as “the...

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  On August 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an important decision in a high-profile case against Uber Technologies that has broad implications for the enforceability of terms of use entered on mobile device apps. In Meyer v. Uber Technologies, Inc.,1 the Second Circuit, whose jurisdiction includes New York, applied California law and reached a decision that echoes previous rulings by the U.S. Court of Appeals for the Ninth Circuit, i.e., that users are...

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Though CFIUS already is shining a bright light on Chinese covered transactions, that light likely will only intensify and be brighter with the Trump administration. Twelve years have passed since publication of the article Uncle Sam Watches Nervously: Foreign Investment in U.S. Industries in 2004. That article discussed the review process under the Exon-Florio Amendment delegated to the Committee on Foreign Investment in the United States (CFIUS). The article highlighted several recent CFIUS reviews, and stressed that the evolving war...

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