The U.S. Food and Drug Administration (FDA) recently launched a website1 that will now make it easier to report allegations of medical device manufacturer misconduct to the agency.2 Misconduct reports were historically submitted electronically (e.g., by email) or by letter. As many reporters wished to maintain anonymity, third parties (e.g., law firms) were often engaged to submit these reports. And once a third-party report was submitted, it was difficult to determine if the FDA commenced an investigation until an...

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Daniel Glazer and Collins Belton at Wilson Sonsini Goodrich & Rosati and leading UK VC firm Notion Capital have teamed up on a blog to offer their perspectives on transatlantic VC investment and considerations for UK and other non-US companies looking to raise VC funding from US investors. Check out the full series here. We’re often asked what to watch for when reviewing or negotiating US term sheets. Below are five key concepts non-US founders – and founders generally – should understand. Note that...

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If the employment relationship comes under general protection against dismissal, a dismissal pursuant to the German Act on Protection Against Unfair Dismissal (KSchG) is justified if it is necessary due to urgent operational requirements. But even if these reasons are on hand and continued employment at the establishment or company is not possible, the employer generally may not select and dismiss his employees at his free discretion. On the contrary, he has to carry out a so-called social selection....

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On 25 October 2016 the European Commission presented 3 new proposals for Council directives. The first proposal amends the anti-tax avoidance directive (ATAD) as regards hybrid mismatches with third countries, while the other two have relaunched the Common Consolidated Corporate Tax Base proposal of 2011 which has been split into 2 parts: a proposal for a Common Corporate Tax Base (CCTB) and a proposal for a Common Consolidated Corporate Tax Base (CCCTB). The CCTB/CCCTB proposals are at the early stage...

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According to The DI Wire, Cantor Fitzgerald is launching a $1 billion non-traded REIT called Rodin Global Property Trust Inc. Rodin intends to focus investments to single-tenant, net-leased commercial properties located in the US, the UK and other countries in Europe. The firm is offering three classes of common stock: class A, class T and class I shares. The Blackstone Group also launched its first non-traded REIT, Blackstone Real Estate Income Trust, back in August. The Wall Street Journal> reports...

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In just over a six-week span, the U.S. Securities and Exchange Commission has fined three different companies for employee agreements that, in its view, could impede individuals from communicating with the commission about securities law violations. The SEC’s prioritization of this issue, combined with its incredibly expansive interpretation of its rule, places companies at a heightened risk of SEC scrutiny based on standard employee, consultant, vendor, confidentiality, separation and other agreements. SEC Rule 21F-17 provides that “No person may take...

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  James D. Rosener, a partner with Pepper Hamilton, head of the firm's International Practice Group and managing partner of the New York office, has been named as President of the Corporate Law and Mergers and Acquisitions Commission of the Union Internationale des Avocats / International Association of Lawyers (UIA). The UIA boasts more than two million members from over 120 countries. The organization is open to lawyers around the globe and its members include legal professionals, judges, law students and teachers. Part of...

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As expected, the Federal Communications Commission (FCC) has handed down sweeping new privacy and security rules for Internet service providers (ISPs). On Thursday, October 27, 2016, a sharply divided commission voted to enact these new rules, which impose strict new requirements for ISPs' collection, use, sharing, and protection of their customers' information, including information ISPs receive about their customers' geolocation and online activities. Consequently, ISPs will soon be subject to heightened notice and consent requirements for activities such as behavioral...

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U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2018 (FY2018) starting in April of 2017 (April 1, 2017 falls on a Saturday, so USCIS will accept cap-subject petitions for the year starting on the following business day, Monday, April 3, 2017). Employers may want to begin identifying current and future employees who may require new H-1B visas to work in the United States. Individuals currently holding F-1 student...

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Tax Rulings and state aid: an update On 19 September 2016, the Commission opened another in-depth investigation in a tax-related matter, namely into Luxembourg's tax treatment of the GDT Suez Group (now Engie). The Commission is concerned that several tax rulings may have given GDF Suez an unfair advantage over other companies, in breach of EU state aid rules. The tax rulings appear to treat the same financial transaction between companies of GDF Suez in an inconsistent way, both as...

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