New York partner Brian Lutz and associate Jefferson Bell are the authors of “Chancery Court Provides Guidance on ‘Don’t Ask, Don’t Waive’ Standstill Provisions” [PDF] published in the January 16, 2013 issue of Delaware Business Court Insider.
January 16, 2013
Moving Beyond Sanctions and Toward Solutions to Difficult ProblemsIntroductionIn our prior electronic discovery mid-year and year-end reports, the lead story was sanctions, as numerous decisions imposing onerous penalties for real or perceived e-discovery failures caught the attention of the legal community.
January 14, 2013
Paris partner Jérôme Delaurière is the author of “Expatriation vers la Suisse: la France durcit le ton” [PDF] published in the January 14, 2013 issue of Option Finance.
January 14, 2013
San Francisco of counsel Winston Chan and associate Deena Klaber are the authors of “Off-Label Promotion: Still a Crime?” [PDF] published in the January 14, 2013 issue of The Recorder.
January 14, 2013
In a decision that reaffirms that federal courts do not have jurisdiction to decide hypothetical challenges to the validity of intellectual property, the U.S.
January 11, 2013
In retrospect, 2012 likely will be remembered as another year of manifold challenges in the Eurozone and of slow consolidation rather than one of fundamental reform or renaissance.
January 10, 2013
In many respects, 2012 was another year of aggressive SEC enforcement. The SEC's Division of Enforcement again logged a near record number of enforcement actions. More important, the cases reflected a marked increase in the number and proportion of actions against registered investment advisers and broker-dealers, and their associated persons. This increased focus derives from a culmination of factors, including Enforcement's creation of specialized units for the asset management industry and for structured products, the hiring of industry experts, and the close collaboration between staff from Enforcement and the SEC's Office of Compliance Inspections and Examinations ("OCIE"). With the expansion of the registered private fund adviser population under fin
January 9, 2013
For years, the Department of Justice ("DOJ") has sought recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act"), with a torrid pace.
January 8, 2013
As of January 1, 2013, the Swiss residents taxed on a lump sum basis ("forfait regime") will no longer benefit from the provisions of the tax treaty between France and Switzerland.
January 8, 2013
The past year marked record-level global criminal competition law enforcement. The level of fines imposed continued its upward trajectory, with authorities in the United States, Europe, China, and India imposing record sanctions.
January 7, 2013
"Over the last decade, DPAs [Deferred Prosecution Agreements] have become a mainstay of white collar criminal law enforcement," Lanny Breuer, the head of the U.S.
January 3, 2013
The whispers have begun. By comparison to the blistering pace set in recent years, FCPA prosecutions were down in 2012 (though still far higher than in any of the first 30 of the statute's 35-year existence).
January 2, 2013
New York partner David Debold and associate Matthew Benjamin are the authors of “Is Harris a Mandatory Minimums Ruling Whose Time Has Run Out?” [PDF] published in the January 2, 2012 issue of Bloomberg/BNA's Criminal Law Reporter.
January 2, 2013
Washington, D.C. partner Karen Manos is the author of "Records Retention, Untimely Audits And Cost Allowability" [PDF] published in the January 2013 issue of Government Contract Costs, Pricing & Accounting Report , published by Thomson Reuters/West.
January 1, 2013
The start of a new year frequently serves as a time for sales organizations to take stock of past sales performance and develop commission plans for the coming year. But this year, companies with sales or other commission-based employees who provide services in California are faced with a new legal hurdle: Effective January 1, 2013, all commission-based employment contracts must be in writing and set forth the method by which such commissions are computed and paid. While this law--which amends and revives California Labor Code Section 2751--was purportedly enacted to ensure greater certainty and protection, it raises a number of unanswered questions employers may soon face, including questions about: (1) the geographic reach of the law; (2) what terms should be incl
December 27, 2012
New York partner Jennifer Rearden and associate Sharon Grysman are the authors of “Chancery Court in Brookstone Underscores Primacy of Comity and Efficiency” [PDF] published in the December 27, 2012 issue of the Delaware Business Court Insider.
December 27, 2012
The Iran Threat Reduction and Syria Human Rights Act (the "Threat Reduction Act"), enacted on August 10, 2012, imposes new liabilities on U.S.
December 19, 2012
Dallas partner Robert Little and associate Chris Babcock are the authors of “Walking the High Wire: Guidelines for Board of Director Designees Of Private Equity Funds, Activist Stockholders and Other Investors” [PDF] published in the December 10, 2012 issue of Bloomberg/BNA's Securities Regulation & Law Report.
December 10, 2012
New York partner Jennifer Rearden and associate Darcy Harris are the authors of “Growing Trend Favors Disclosure of Witnesses' Identities” [PDF] published in the Fall 2012 issue of the ABA's Section of Litigation - Securities Litigation.
December 6, 2012