San Francisco of counsel Winston Chan and Palo Alto associate Susannah Stroud Wright are the authors of "Against the Chinese Government: the US Government's Limited Investigative Reach" [PDF] published in the November 17, 2011 issue of The Daily Journal.
November 16, 2011
Orange County associate James Sabovich is the author of "Toxic Torts: Designation for Causation" [PDF] published by Law360 at www.law360.com on November 9, 2011.
November 9, 2011
Los Angeles partner Michael Farhang and associate James Zelenay are the authors of "Handling Internal Investigations in the Executive Compensation Area" [PDF] published in the November 7, 2011 issue of BNA's Pension & Benefits Daily.
November 7, 2011
On November 3, 2011, the IRS published new proposed Treasury Regulations providing guidance relating to the taxation of income of foreign governments from investments in the United States under Section 892 of the Internal Revenue Code of 1986, as amended (the "Code"). The proposals update regulations that were first issued in 1988, and are welcome additions to an area of U.S.
November 4, 2011
New York partner Matthew Williams and of counsel Matthew Kelsey are the authors of "Debt Recharacterization Under Lothian Oil" [PDF] published in the November 3, 2011 issue of BNA's Bankruptcy Law Reporter.
November 3, 2011
New York partner Rashida La Lande is the author of "Deals With Controlling Stockholders: 5 Tips for Boards" [PDF] published on November 2, 2011 on Boardmember.com.
November 2, 2011
On October 11, 2011, the United States Department of the Treasury's Financial Crimes Enforcement Network ("FinCEN)" published in the Federal Register the final version of new regulations implementing section 104(e) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ("CISADA").
November 1, 2011
Washington, D.C. partner Karen Manos is the author of "The Contract Disputes Act Statute Of Limitations: Take Your Time, DOD" [PDF] published in the November 2011 issue of West's Government Contract Costs, Pricing & Accounting Report.
November 1, 2011
Washington, D.C. of counsel K. Susan Grafton is the author of "New Rule 13h-1: The SEC Adopts a Large Trader Reporting System" [PDF] published in the October 31, 2011 issue of BNA's Securities Regulation & Law Report.
October 31, 2011
London partner Patrick Doris is the author of "Work in Tandem" [PDF] published in the October 27, 2011 issue of Legal Week.
October 27, 2011
On October 9, 2011, California Governor Jerry Brown signed into law competing bills that create two new corporate forms in California -- a "flexible purpose corporation" and a "benefit corporation" -- intended to allow entrepreneurs and investors the choice of organizing companies that can pursue both economic and social objectives. The new corporate forms differ from traditional for-profit corporations that are organized to pursue profit (and not social purposes) and non-profit corporations that must be used solely to promote social benefits. These laws will take effect on January 1, 2012. The flexible purpose corporation is created by California Senate Bill 201 ("SB 201"), which adds Division 1.5 to Title 1 of the California Corporations Co
October 25, 2011
On October 18, 2011, the Securities and Exchange Commission ("SEC" or "Commission") held a public roundtable (the "Roundtable") to address the agency's required conflict minerals rulemaking under Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The SEC issued proposed rules, available at www.sec.gov/rules/proposed/2010/34-63547.pdf, to implement Section 1502 in December 2010. Chairman Schapiro indicated at the Roundtable that the agency has held over 90 meetings and received over 250 comments to date from issuers, nongovernmental organizations ("NGOs"), and other stakeholders concerned with the proposed rules. In connection with the Roundtable, the Commission has extended the comment period until Novembe
October 20, 2011
On October 20, 2011, the IRS released the inflation-adjusted limitations applicable to tax-qualified retirement plans for 2012. Unlike for 2011, most of the limits are increasing. In addition to the impact of these limitations on tax-qualified retirement plans, the compensation limit under section 401(a)(17) of the Internal Revenue Code also affects the amount of severance pay that may be excludable from coverage under section 409A of the Code in certain circumstances.
October 20, 2011
Registration statements under the U.S. Securities Act of 1933, as amended, generally require a signed opinion of counsel regarding the legality of the securities being offered and sold.
October 19, 2011
On October 13, 2011, the staff of the Securities and Exchange Commission ("SEC") released disclosure guidance regarding public company disclosure obligations relating to cybersecurity risks and cyber incidents (the "Disclosure Guidance")." The Disclosure Guidance reviews specific SEC disclosure rules that may require public companies to describe cybersecurity matters and provides SEC staff guidance on what type of disclosure, if any, may be necessary in light of a company's particular facts and circumstances. The Disclosure Guidance is available at http://www.sec.gov/divisions/corpfin/guidance/cfguidance-topic2.htm. Cybersecurity is only the second topic to be addressed in the Division of Corporation Finance's new Disclosure Guidance publicatio
October 17, 2011
On October 14, 2011, Chancellor Strine of the Court of Chancery of the State of Delaware issued a decision in In re Southern Peru Copper Corp. Shareholder Derivative Litig., C.A.
October 17, 2011
On Tuesday, October 11, 2011, the Federal Reserve Board ("Fed") and the Office of the Comptroller of the Currency ("OCC") released for public comment and the Federal Deposit Insurance Corporation (the "FDIC") met in open session and unanimously approved and released proposed rules implementing the Volcker Rule, Section 619 of the Dodd-Frank Consumer Protection Act of 2010 ("Dodd-Frank"). The Securities and Exchange Commission ("SEC") voted unanimously to approve the proposed rule on Wednesday, October 12.
October 12, 2011
In a Judgment which rattles the foundations of national copyright laws, the European Court of Justice held on October 4th that broadcasting licenses which prohibit the broadcasting of football matches outside the particular European Union ("EU") Member State for which the license was granted cannot be enforced.If any comfort can be found in the Judgment for copyright holders, it lies in the fact that the Court has opened up the possibility that football broadcasts which include elements of "literary or artistic works" alongside them might nonetheless be able to benefit fully from the grant of exclusivity.
October 7, 2011
Washington, D.C. partner Stephen Glover is the author of "Unlocking Stockholder Value with Spin-Offs" [PDF] published in the October 2011 issue of LexisNexis Emerging Issues Analysis.
October 1, 2011
Dubai partner Chézard Ameer and London associate Edwin Wong are the authors of "Sourcing Capital In The United States And Beyond: Be Prepared For What International Investors Expect" [PDF] published in October 2011 for the 2011 SuperReturn Middle East conference in Dubai.
October 1, 2011