SEC Proposes Alternatives to Credit Ratings as Criteria for Short-Form Registration Statement Eligibility
February 28, 2011
Background
In the aftermath of the 2008 financial crisis, regulatory bodies worldwide have observed that over-reliance on credit ratings contributes to financial...
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China Remains An FCPA Hotspot
February 24, 2011
The global nature of corruption has recently been demonstrated in high-profile cases involving violations of the U.S. Foreign Corrupt Practices Act arising out of...
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SEC Initiates Investigation of Financial Institutions and Sovereign Wealth Funds for Potential FCPA Violations
February 18, 2011
In 2008, Steven Tyrrell, then-Chair of the Department of Justice’s (“DOJ”) Fraud Section, acknowledged heightened DOJ interest in potential violations of...
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Suing To Sit Down – The Next Wave of Wage & Hour Representative Actions
February 18, 2011
Two recent decisions, Bright v. 99¢ Only Stores , 189 Cal. App. 4th 1472 (2010) and Home Depot U.S.A., Inc. v. Superior Court, 191 Cal. App. 4th 210 (2010),...
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M&A in 2011: Maximizing Value with Effective IP Due Diligence
February 17, 2011
The best IP deal for your company is the one that gets you the most bang for your buck. Getting the most value out of a deal—or wisely deciding not to do a deal—w...
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Second Circuit Leaves Intact Ruling Limiting Jurisdiction of Alien Tort Statute Over Corporations
February 16, 2011
On February 4, 2011, the United States Court of Appeals for the Second Circuit denied en banc reconsideration of a September ruling in Kiobel v. Royal Dutch Petroleum Co...
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Proposed California Legislation Would Give State Labor Commissioner Authority To Award Liquidated Damages Against Employers
February 11, 2011
Employers with California operations should be aware of proposed legislation that is intended to give the California Labor Commissioner...
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Second Circuit Rules That Gifting By Secured Creditors To Junior Interests Violates Absolute Priority Rule
February 11, 2011
The Second Circuit Court of Appeals filed its opinion on February 7, 2011, in In re DBSD North America, Inc., 2010 US App. LEXIS 27007, 2011 Westlaw 350480 (2d Cir. Feb...
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IRS Gives Taxpayers with Undisclosed Offshore Accounts a Second Chance
February 9, 2011
The Internal Revenue Service (" IRS ") has given taxpayers with undisclosed foreign financial accounts and assets a second chance to settle their tax...
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Texas Power Outages Cause Immediate Issues for Industry and Market Participants
February 9, 2011
During last week’s winter storm, over 80 power plants in Texas failed to respond when their output was needed to supply customer demand. Consequently, the Electric...
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NLRB Permits “Bannering” Of Worksites With Reserved Gates
February 7, 2011
For decades, the construction industry and other industries where multiple employers are present at a common worksite have relied upon the “reserved gate doctrine&rdquo...
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New IRS Requirement To Report Uncertain Tax Positions: The Need To Safeguard Confidential Analysis
February 7, 2011
The Commissioner of the Internal Revenue Service announced in early 2010 that, in an effort to increase transparency, certain corporations would be required to include a...
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SEC Proposes Private Fund Systemic Risk Reporting Rule
February 2, 2011
On January 25, 2011, the Securities and Exchange Commission (the "SEC") unveiled proposed Rule 204(b)-1 under the Investment Advisers Act of 1940 (the "Advi...
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Recognition and Enforcement of Foreign Arbitral Awards in Mexico: An Update
2011
In early 2011, the Mexican Congress amended the Mexican Commercial Code, including provisions of the Mexican Law on Commercial Arbitration ("MLCA"...
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FERC Issues Clarification on Public Notice of Enforcement Investigations
January 28, 2011
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On January 24, 2011,[1] the Federal Energy Regulatory Commission (“FERC”) issued an order affirming and clarifying its December 17, 2009 order[2] in which it...
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