June 17, 2020
The Holding Foreign Companies Accountable Act, the bill aimed at addressing a perceived double standard for US-listed Chinese companies that deny access for PCAOB auditor inspections, has passed the US Senate and is awaiting a vote in the US House of Representatives. If the bill becomes law, it may spur US-listed Chinese companies to go private. The going private ramifications for valuations and potential claims made in courts will be important developments to watch, as this article from Secretariat’s Paul Marcus, Eddie Tobis and Brendan Porter (with help from Howard Rosen, Sangjoon Lee and Gigi D’Souza) describes.
Why Funder Forecasts Don’t Belong in Royalty Analysis
This article originally appeared on Law360 on June 24, 2025. In a recent article published by Law360, Managing Director Rick Eichmann explores the economic reasoning behind the U.S. District Court’s decision in Haptic Inc. v. Apple Inc. and why prelitigation funding forecasts should not be conflated with royalty analyses in patent litigation. Eichmann explains how models developed for […]
SFO’s ‘Cast-Iron Guarantee’ on Self-Reporting Comes With Fine Print
Ben Boorer, writing for Corporate Compliance Insights, examines the UK Serious Fraud Office’s clearest commitment yet to corporate self-reporting, offering a “cast-iron guarantee” of DPA negotiations for companies that self-report and cooperate. The guidance sets out defined timelines intended to bring greater predictability, but uncertainties remain around how much investigation is expected before reporting, what […]
Strengthening Export Control Compliance: Advanced Strategies for Third-Party Audits
This article first appeared on Law360 on July 7, 2025. In a recent Law360 article, Michael H. Huneke of Hughes Hubbard & Reed and John Rademacher and Abby Williams of Secretariat explore advanced strategies for strengthening export control compliance through improved third-party audits. U.S. technologies continue to be diverted to foreign adversaries, often through networks of resellers […]