Client name ASML Holding N.V. – seller Other parties involved Kulicke & Soffa Industries Inc.; Liteq B.V. Nature of transaction Liteq develops chip packaging machines that work on the basis of lithographic methods, a new way of packaging, enabling the chip industry to respond to the semiconductors always becoming smaller and thinner. Liteq's technologies were developed through close cooperation of several technology, financial and developmental organizations within the region including ASML Netherlands BV, Beltec Holding BV, the Brabant Development Agency (BOM), Sioux, Random Capital BV...

Read more

Compliments of Mason Hayes & Curran - A member of the EACCNY Click here to subscribe to their weekly tech law updates In a recent article, Privacy in Mobile mHealth Apps (Part I), the firm discussed the core aim of the ‘Code of Conduct on privacy for mHealth apps’ (Code): to regulate and secure the personal data gathered by mHealth apps. However, compliance with the Code doesn’t necessarily equate to compliance with data protection law. Any code for mHealth will need...

Read more

In this installment of the Big Data Initiative Podcast series, Dr. Zev Eigen, Global Director of Data Analytics with Littler, and Mark Torchiana, one of the founders of Courtroom Insight, discuss how technology enables lawyers to evaluate potential expert witnesses and other litigation professionals. Littler Big Data Podcast 107 - The Proof Is in the Pudding: How Lawyers Use Data to Vet Expert Witnesses  

Read more

For years courts, prosecutors and SEC lawyers have twisted themselves into knots trying to figure out when those who leak insider information (“tippers”) benefit from the leak and thereby violate the securities laws based on the decision in Dirks v. S.E.C., 463 U.S. 646 (1983). Cases have run the gambit from insiders receiving bags of cash to cheating husbands getting the psychic benefit of knowing that their girlfriends were profiting on their tips. The Second Circuit has been one of the...

Read more

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...

Read more

  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...

Read more

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...

Read more

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in Castleberry v. STI Group, No. 16-3131 (3d Cir. July 14, 2017). In Castleberry, two African American males were employed as general laborers.  They claimed that while working on a fence-removal project, their supervisor threatened to fire them if they “nr-rigged”...

Read more

In the event of notifiable mass redundancies, the employer is obligated to consult the works council. The consultation procedure is a requirement that has to be satisfied so the termination notices issued in the context of mass redundancies become effective; it thus is of substantial practical significance. Consulting the works council includes notifying, informing and advising the works council and must be distinguished from the notification of collective redundancies subsequently submitted to the Labor Agency. Both procedures exist independently...

Read more