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Washington, D.C. partner Judith Lee and associate James Doody are the authors of "Office of Foreign Assets Control: The Little Agency with a Big Bite" [PDF] published in The Review of Banking & Financial Services in August 2011.
Client Alert | August 30, 2011
Two recent developments illustrate the importance of adaptable and decisive OFAC compliance programs. The first development was President Obama's August 17, 2011 Executive Order 13582, which considerably tightened U.S.
Client Alert | August 30, 2011
As we reported in our 2011 Mid-Year Merger Enforcement Update, federal courts are currently reviewing a number of cases that could have a significant impact on the antitrust analysis of mergers and acquisitions. Two noteworthy circuit court decisions were handed down recently. In City of New York v. Group Health Inc., No.
Client Alert | August 29, 2011
Dallas partner James Ho is the author of “Federalism and Medical Malpractice Reform” [PDF] published in the August 29, 2011 issue of the National Law Journal.
Client Alert | August 29, 2011
On August 16, 2011, the Public Company Accounting Oversight Board ("PCAOB") issued a Concept Release on Auditor Independence and Audit Firm Rotation ("Concept Release"). The Concept Release, available at http://pcaobus.org/Rules/Rulemaking/Docket037/Release_2011-006.pdf, solicits public comment on steps it could take under its existing authority to enhance auditor independence, objectivity, and professional skepticism, including, most notably, imposing for the first time mandatory audit firm rotation on public companies.The deadline for submitting comments to the PCAOB is December 14, 2011, and the PCAOB will host a public "roundtable" discussion in March 2012 to hear from interested parties. Any rule ultimately proposed by the PCAOB would have to
Client Alert | August 19, 2011
New York partner Jonathan C. Dickey and associate Brian M. Lutz are authors of "The SEC's Final Whistleblower Rules: The Floodgates Open on a New Wave of Whistleblower Claims, as the SEC Authorizes Massive Bounties to Anonymous Tipsters" [PDF] published in the July/August 2011 issue of Thomson Reuters' Securities Litigation Report.
Client Alert | August 12, 2011
The Hiring Incentives to Restore Employment Act (the HIRE Act), in an effort to reduce the evasion of U.S.
Client Alert | August 9, 2011
As was the case in 2010, antitrust enforcers in the United States and Europe have continued to make headlines by intervening in major merger cases and launching new policy initiatives. While M&A activity on both sides of the Atlantic continues to recover from the global financial crisis, it appears that antitrust enforcers are placing a higher priority on merger enforcement, a pattern that is likely to continue for the foreseeable future.This Update covers notable merger enforcement trends and cases in the United States, European Union, and the rest of the world. THE UNITED STATESIt has been an eventful year in U.S.
Client Alert | August 9, 2011
On July 13, 2011, the EU's Data Protection Working Party issued its Opinion 15/2011 on the definition of Consent (the "Opinion"), providing a thorough analysis of the concept of consent in EU Data Privacy law, and in particular in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data (the "Data Protection Directive") and Directive 2002/58/EC, as amended by Directive 2009/136/EC, concerning the processing of personal data and the protection of privacy in the electronic communications sector (the "e-Privacy Directive").Even though consent has always been a key notion in EU Data Protection law (in particular, it is one of several legal grounds enabling the processing of personal data under the Data Protection and e-Pri
Client Alert | August 8, 2011
Washington, D.C. partner F. Joseph Warin, and associates John Chesley and Jeremy Joseph are the authors of "FCPA: Who Is a Foreign Official?" [PDF] published in the August 8, 2011 issue of Compliance Reporter magazine.
Client Alert | August 8, 2011
On July 26, 2011, the Securities and Exchange Commission ("SEC") adopted new rules to eliminate an issuer's credit rating as one of the "transaction requirement" criteria by which an issuer can qualify for the short-form registration process on Forms S-3 and F-3.
Client Alert | August 2, 2011
In a letter dated May 23, 2011, the Securities and Exchange Board of India ("SEBI", and such letter, the "SEBI Letter") took the view that put/call options governing the shares of an Indian public listed company are unenforceable.
Client Alert | August 2, 2011
Washington, D.C. partner Raymond Ludwiszewski and Los Angeles associate Tammy Stafford are the authors of "Byproducts of Restricting EPA Authority" [PDF] published by Law360 at www.law360.com on August 1, 2011 .
Article | August 1, 2011
New York of counsel Farrah Pepper is the author of "Robot Review: Will Predictive Coding Win the Trust of the Courts?" [PDF] published in the August 2011 edition of ALM's Law Technology News.
Client Alert | August 1, 2011
Washington, D.C. partner Jason Schwartz and associate Thomas Johnson are the authors of "The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions" [PDF] published in the August 2011 issue of ALM's Law Journal Newsletters: Employment Law Strategist.
Client Alert | August 1, 2011
New York partner Edward Nelson, Washington, D.C. partner C. William Thomas and New York associate Ebonie Hazle are the authors of "SEC Finalizes Investment Adviser Registration Exemptions and Grants Extension to New Registrants" [PDF] published in the August 1, 2011 issue of BNA's Securities Regulation & Law Report.
Client Alert | August 1, 2011
Washington, D.C. partner Mark Perry and Los Angeles associate Blaine Evanson are the authors of "Challenging the Presumption of Reliance on Class Certification after Halliburton and Wal-Mart" [PDF] published in the August 2011 issue of Thomson Reuters' Wall Street Lawyer.
Article | August 1, 2011
New York associate Carlos Cruz-Abrams is the author of "Welcome to Say-on-Pay Season 1: Have Shareholders Had Their Say?" published in the August 2011 issue of Wall Street Lawyer.
Client Alert | August 1, 2011
On July 28, 2011, the Securities and Exchange Board of India ("SEBI") proposed new Takeover Regulations based on recommendations of the Takeover Regulations Advisory Committee ("TRAC").
Client Alert | July 29, 2011
>Washington, D.C. partners Amy Goodman, Jason Schwartz and John Sturc, Washington, D.C. associate Daniel Ahn, and Palo Alto associate Joshua Dick are the authors of "SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank Act" [PDF] published in the July 2011 issue of Thomson Reuters' Wall Street Lawyer.
Article | July 29, 2011