Significant Consequences for Counterparties to Derivatives ContractsToday, a number of the principal obligations of The European Market Infrastructure Regulation ("EMIR") have entered into force with immediate effect, with wide-ranging consequences for all entities dealing in derivatives related to or affecting the European Economic Area.
March 15, 2013
On March 12, 2013, the Federal Trade Commission ("FTC") updated its advertising disclosure guidelines for mobile and other online advertisers. The new guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, explains how advertisers can make disclosures "clear and conspicuous" to avoid deceiving consumers.
March 14, 2013
The year 2012 saw vigorous activity in the creation and implementation of increasingly restrictive sanctions, particularly with respect to Iran. Enforcement of the sanctions has been accompanied by at times very significant penalties.This update reviews sanctions developments in the United States, European Union and the United Kingdom in 2012 in four areas -- legislation, Executive Orders, regulatory developments, and enforcement -- and assesses what the experiences in 2012 suggest about how business practices might evolve to adapt to current sanctions.OFAC SANCTIONSI. LegislationDuring 2012 the United States enacted some of its most restrictive sanctions, isolating Iran with trade barriers similar to those imposed on Cuba, to devastating effect. Augmented sanctions
March 13, 2013
New York partner Thad Davis and San Francisco associate Abbye Atkinson are the authors of “Slicing And Dicing The Delaware Carve-Out” [PDF] published by Law360 on March 13, 2013 at www.law360.com.
March 13, 2013
Los Angeles partners Patrick Dennis and Perlette Michèle Jura and associate Beth Coombs are the authors of “The Outer Limits Of Expert Testimony Gatekeeping” [PDF] published by Law360 on March 13, 2013 at www.law360.com.
March 13, 2013
New York associate Jane Kim is the co-author of “Let Justice Be Done” [PDF] in the National Law Journal on March 11, 2013.
March 11, 2013
The California Supreme Court made a quiet but important statement this term by recently refusing to hear an employee's challenge to the common practice among employers of rounding time entries. See's Candy Shops, Inc.
March 8, 2013
On February 28, 2013, the Versailles Court of Appeals adopted two new Safeguard Plans for CMBS borrower, Heart of la Défense SAS (HOLD), and its Luxembourg parent company, Dame Luxembourg SARL (Dame).
March 7, 2013
This alert provides a brief overview of the European Alternative Investment Fund Managers Directive 2011/61/EU (the "AIFMD") for alternative investment fund managers ("AIFMs") whose registered office is not in a European Union Member State (a "Non-EU AIFM").A.
March 7, 2013
Orange County associates James Sabovich and Krista deBoer are the authors of “CEQA Reform: The Aggrieved Instigator” [PDF] published by Law360 on March 5, 2013 at www.law360.com.
March 5, 2013
The Financial Services Act 2012 (the "Act"), which comes into force on 1 April 2013, contains the UK government's reforms of the UK financial services regulatory structure and will create a new regulatory framework for the supervision and management of the UK's banking and financial services industry.
March 4, 2013
Denver partner Robert Blume and associates John Partridge and Tafari Nia Lumumba are the authors of “In-House Search Warrant Checklist” [PDF] published in the March 4, 2013 issue of Law Week Colorado.
March 4, 2013
On February 22, 2013, in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP (Del. Ch.
March 1, 2013
On February 27, 2013, the U.S. Supreme Court held that, in securities class actions challenging false or misleading statements, the plaintiff need not prove that the alleged misstatements were material in order to obtain class certification using the so-called fraud-on-the-market presumption of reliance.
March 1, 2013
Washington, D.C. partner Stephen Glover and Washington, D.C. associate Aarthy Thamodaran are authors of “Debating the Pros and Cons of Dual Class Capital Structures” [PDF] published in the March 2013 issue of Insights.
March 1, 2013
Washington, D.C. partner F. Joseph Warin, and associates John Chesley and Stephanie Connor are the authors of “FCPA Enforcement Trends” [PDF] published in the February 28, 2013 issue of Director Notes.
February 28, 2013
In the past two weeks, Judges Richard J. Sullivan and Shira A. Scheindlin of the United States District Court for the Southern District of New York separately issued important rulings in civil Foreign Corrupt Practices Act ("FCPA") cases against foreign executives of non-U.S.-based companies whose stock is traded on a U.S.
February 28, 2013
On 17 January 2013, the European Commission (the "Commission") initiated a public consultation in relation to the revision of its Good Manufacturing Practice Guidelines (the "GMP Guidelines").
February 27, 2013
On February 27, 2013, the U.S. Supreme Court unanimously concluded that the five-year limitations period for federal enforcement actions seeking civil penalties, such as those brought by the SEC, begins to run when the alleged fraud occurs, not when it is discovered. In an opinion authored by Chief Justice Roberts in Gabelli v. Securities and Exchange Commission, No.
February 27, 2013
Gibson Dunn outlines the trend of shareholder lawsuits related to executive compensation disclosures and suggests strategies for addressing this new proxy litigation.
February 26, 2013