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Articles

Demystifying Modern Convertible Notes (2024)

By Latham & Watkins LLP

Issuing convertible notes has long been an attractive capital-raising option for public companies.

This primer aims to demystify the underlying financial and accounting principles and the mechanics that have developed to respond to the changing frameworks and strategies.

Articles

Antitrust Division’s Updated Guidance on Evaluating Corporate Compliance Programs — Key Features and Takeaways

By Latham & Watkins LLP

On November 12, 2024, the Antitrust Division of the US Department of Justice released updated guidance for its prosecutors on evaluating corporate compliance programs.

This articles discusses the guidance, which stresses heightened focus on emerging antitrust risks, enhanced support and incentives, and proactive monitoring.

Articles

FTC Adopts Major Changes to HSR Merger Notification Form

By Latham & Watkins LLP

On October 10, 2024, the US Federal Trade Commission (FTC) approved new requirements for reporting qualifying M&A transactions to the FTC and US Department of Justice under the Hart-Scott-Rodino (HSR) Act.

The new HSR rules significantly expand the amount of information parties must submit to the FTC and DOJ to file under the HSR Act as compared to the decades-old HSR notification form.

Articles

US Environmental, Social, and Governance Considerations for AI Companies — Status Quo and Practical Next Steps

By Betty M. Huber and Michael H. Rubin (Latham & Watkins LLP)

Artificial intelligence (AI) has become an indispensable tool, but with the rapid advancement in the technology has come a rise in electricity demand, drawing regulatory attention on the natural resources that AI requires.

Within this context, companies and policymakers are considering how AI may contribute both to sustainable solutions and environmental impacts. For companies that have committed to environmental targets and are simultaneously advancing AI and seeking power to do so, managing both goals can lead to a competitive advantage.