Paul Hastings Publications

New York Court of Appeals Rules on Attachment and Execution of Intangible Assets

Mon, 15 Mar 2010 00:00:00 Z

Introduction

On February 16, 2010, New York’s highest court held that an out-of-state judgment debtor’s ownership or membersh......

SEC Takes Action on Money Market Fund Reform

Thu, 11 Mar 2010 00:00:00 Z

The Securities and Exchange Commission (“SEC”) has completed its first step toward money market fund reform by adopting new rules and amendments to ex......

Hedge Fund Report: Summary of Key Developments – Spring 2010

Thu, 11 Mar 2010 00:00:00 Z

In response to nearly unprecedented disturbances and failures in the global capital markets in late 2008 and 2009, the Obama Administration, Congre......

Obama Administration Relaxes Access to U.S. “Social Networking” Technology – Exports to Iran, Sudan and Cuba Authorized

Wed, 10 Mar 2010 00:00:00 Z

The dramatic events surrounding the Iranian Presidential election last summer vividly demonstrated the power of Internet communications and social net......

China Matters: RMB Private Equity Funds in Foreign-Invested Partnerships

Wed, 10 Mar 2010 00:00:00 Z

On March 3, 2010, Carlyle and Fosun were reported to have formed a partnership in Shanghai to undertake private equity investment. This was reported a......

Italian Restructuring Proceedings: Recent Developments in Prepackaged Plans of Reorganization

Tue, 09 Mar 2010 00:00:00 Z

As a result of recent reforms to the Italian Bankruptcy Law (the “IBL”), the so-called “Article 182bis proceeding” – a device which, in so......

New Patent Law Reform Bill Introduced in the Senate

Mon, 08 Mar 2010 00:00:00 Z

Revised bipartisan legislation (available here) w......

ILPA Private Equity Principles

Mon, 08 Mar 2010 00:00:00 Z

While the pace of private equity capital-raising has slowed dramatically over the last year, there has been an enhanced focus on fund terms by private......

The Volcker Rule – Impact and Implications for Passage

Mon, 08 Mar 2010 00:00:00 Z

Despite what appears to be general Congressional resistance, late last week the Administration sent to Capitol Hill the text of its so-called “Volcker......

DOL Proposes New Rules on Providing Investment Advice to Plan Participants and Beneficiaries

Thu, 04 Mar 2010 00:00:00 Z

On February 26, 2010, the Department of Labor (the “DOL”) announced a new proposed regulation (the “Proposed Rule”) designed to clarify the statutory ......

Recent Trends in European CMBS Servicing

Thu, 04 Mar 2010 00:00:00 Z

As the credit crunch continues, the majority of borrowers under loans held in European commercial mortgage-backed securities (“CMBS”) transactions fac......

“English Spoken” in German Commercial Court Litigations

Wed, 03 Mar 2010 00:00:00 Z

Status Quo

Currently, German statutory law provides:

“the German language is the official language used i......

New Guidance on “FBAR” Filing Requirements

Wed, 03 Mar 2010 00:00:00 Z
On February 26, 2010, the Internal Revenue Service (“IRS”) issued official guidance (the “IRS Guidance”) regarding the Report of Foreign Bank and Fina......

D.C. Circuit Rejects FDA’s Interpretation of "Failure to Market" Forfeiture Provisions

Wed, 03 Mar 2010 00:00:00 Z
On March 2, 2010, in Teva Pharmaceuticals USA, Inc. v. Sebelius, the D.C. Circuit rejected the FDA’s interpretation of the “failure to market......

Interpreting Reliance Two Years After Stoneridge

Tue, 02 Mar 2010 00:00:00 Z

A little over two years ago, the U.S. Supreme Court decided Stoneridge Investment Partners, LLC v. Scientific-Atlanta Inc., 552 U.S. 148 (......

Global Cartel Regulation: Reducing Liability in 42 Jurisdictions Worldwide

Tue, 02 Mar 2010 00:00:00 Z

Over the past year, dramatic developments have topped a decade that propelled anti-cartel enforcement to the top of law enforcement agendas around ......

California Supreme Court Rules That Uncapped Sick Leave Policies Are Not Covered By California’s “Kin Care” Law

Mon, 01 Mar 2010 00:00:00 Z
The California Supreme Court has issued a significant ruling on the scope of California’s “kin care” law, Labor Code § 233, which entitles employ......

Gerard Comizio Discusses Failed Banks, Private Equity, and M&A Outlook with Dow Jones Investment Banker

Mon, 01 Mar 2010 00:00:00 Z

U.S. regulators have become more amenable to allowing private equity to buy failed banks, says Gerard Comizio, chair of the Paul Hastings Banking a......

UK Employment Law Changes in 2010:
New Statutory Rates, Limits and Entitlements

Thu, 25 Feb 2010 00:00:00 Z

At a Glance

Various changes to employment-related compensation, benefit and tax rates take effect during Spring 2010. At ......

A Generic Drug Manufacturer’s Prior Voluntary and Persistent Participation as a Litigant in Delaware is No Guarantee of Jurisdiction

Wed, 24 Feb 2010 00:00:00 Z

The United States District Court for the District of Delaware issued a ruling last Friday that may make it harder for plaintiffs in Hatch-Waxman li......

New York Court of Appeals Broadens Eligibility for State Brownfields Program

Wed, 24 Feb 2010 00:00:00 Z
On February 18, 2010, the New York State Court of Appeals handed down its long-awaited decision in Lighthouse Pointe Property Associates LLC v. Ne......

Protecting Companies In A Challenging Environment: Compliance Programs Under Italian Law – The First Nine Years

Wed, 24 Feb 2010 00:00:00 Z

Italy is second only to the United States in the number of enforcement actions against corporations allegedly engaged in wrongdoing. International ......

Court Rejects Claims That Merger Negotiations Must Be Disclosed

Mon, 22 Feb 2010 00:00:00 Z

One of the more difficult tasks that face deal makers in the context of public company mergers and acquisitions is the decision whether or not to d......

California’s Amended CEQA Guidelines Mandate Analysis of GHG Emissions, While Preserving Lead Agencies’ Discretion

Thu, 18 Feb 2010 00:00:00 Z
Background

On March 18, 2010, the amendments (the “Amendments”) to the State’s guidelines (“CEQA Guidelines”) implementing th......

SEC Issues Guidance Regarding Disclosure of Climate Change Risks

Thu, 11 Feb 2010 00:00:00 Z
On February 2, 2010, the Securities and Exchange Commission (SEC) issued interpretive guidance on how existing risk disclosure rules apply to matters ......

Second Circuit Decision Clarifies and Bolsters Arbitrators’ Authority

Thu, 11 Feb 2010 00:00:00 Z
On January 14, 2010, the U.S. Court of Appeals issued a key ruling clarifying arbitrators’ authority in two key areas. Specifically, in T. Co. Met......

European M&A Risks: Potential Responsibility of the Chinese Purchaser for Prior Infringements

Thu, 11 Feb 2010 00:00:00 Z

The European Court of Justice has reaffirmed the potential attribution of liability to parent companies for cartel infringements committed by an ac......

Survey of 2009 Life Sciences
Private Investment in Public Equity (PIPE) Transactions

Sun, 31 Jan 2010 00:00:00 Z
Introduction

Private investments in public equity (“PIPEs”) are a permanent fixture in the U.S. capital raising landscape. On......

Survey of 2009 Technology
Private Investment in Public Equity (PIPE) Transactions

Sun, 31 Jan 2010 00:00:00 Z
Introduction

Private investments in public equity (“PIPEs”) are a permanent fixture in the U.S. capital raising landscape. On......

UK and European Employment Law: Quarterly Case Update

Fri, 29 Jan 2010 00:00:00 Z

At a Glance

This Stay Current summarises the latest employment law developments affecting employers with operations in the......

$900,000 DOJ Antitrust Settlement Highlights “Gun-Jumping” Risk

Thu, 28 Jan 2010 00:00:00 Z
Last week’s $900,000 settlement between Smithfield Foods and the Antitrust Division of the U.S. Department of Justice (the “DOJ”) is a harsh reminder ......

DOJ Adopts New Discovery Policy for Criminal Matters and Appoints First National Coordinator for Criminal Discovery Initiatives

Thu, 28 Jan 2010 00:00:00 Z
Background

After several well-publicized discovery missteps by the U.S. Department of Justice (the “DOJ”), most notably durin......

FCPA Dragnet – Could Your Sales Agent Be An FBI Agent?

Tue, 26 Jan 2010 00:00:00 Z
The private sector has an even greater incentive to perform due diligence on would-be agents that assist in obtaining foreign government business afte......

2010 Revised (Lower) Hart-Scott-Rodino Act Thresholds

Mon, 25 Jan 2010 00:00:00 Z
The annual revised jurisdictional and filing fee thresholds under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”)......

RMB Funds: The Evolving Role of Foreign Investors and Fund Managers in China

Fri, 22 Jan 2010 00:00:00 Z
RMB funds have captured the attention of international private equity and venture capital investors and fund managers desiring to build investment pla......

SEC Adopts Amendments to Investment Adviser Custody Rule

Thu, 21 Jan 2010 00:00:00 Z
Overview

The Securities and Exchange Commission (“SEC”) has adopted amendments to Rule 206(4)-2 (the “Custody Rule”) under th......

A Possible Harbinger of Things to Come: DOD Appropriations Bill Restricts Use of Arbitration Agreements in Employment Contracts by Federal Contractors

Wed, 20 Jan 2010 00:00:00 Z
As 2009 came to a close, Congress passed and President Obama signed into law the Fiscal Year 2010 Department of Defense Appropriations Act (the “Act”)......

SEC Unveils Specialized Units and New Cooperation Standards

Wed, 20 Jan 2010 00:00:00 Z
Last week, the Securities and Exchange Commission (the “SEC”) announced several significant changes designed to strengthen its enforcement program and......

China Matters: China Tightens Administration of Permanent Representative Offices of Foreign Enterprises

Wed, 20 Jan 2010 00:00:00 Z
On January 4, 2010, the State Administration of Industry & Commerce (“SAIC”) and the Ministry of Public Security (“MPS

Intellectual Property Landscape: Cases and Trends to Follow in 2010

Wed, 20 Jan 2010 00:00:00 Z
In the coming year we anticipate a series of decisions that have the potential to impact intellectual property law and the way we advise our clients. ......

2010: A Year Without Estate Tax? What Clients Should Consider as a Result of Recent Congressional Inaction

Tue, 19 Jan 2010 00:00:00 Z
An event that many estate planning professionals thought was unlikely to occur has become a reality. Congress has failed to pass new legislation addre......

China Matters: 2009 Review

Mon, 18 Jan 2010 00:00:00 Z

Overview

Compared to the exuberant celebrations at the Beijing Olympics in 2008, the mood of the Chinese government was de......

SEC Rule Changes for 2010: Be Ready to be Held Accountable

Thu, 14 Jan 2010 00:00:00 Z

On December 16, 2009, the Securities and Exchange Commission (the “SEC”) adopted new disclosure rules intended, in the SEC’s view, to hold corporat......

False Marking Bares Its Teeth: The Federal Circuit Mandates Potentially Huge “Per Article” Damages Calculation

Mon, 11 Jan 2010 00:00:00 Z
After eluding review by the Court of Appeals for the Federal Circuit for decades, a key provision of the false marking statute concerning the limits o......

Cutting Edge New York City Green Building Laws Enacted

Tue, 05 Jan 2010 00:00:00 Z
A package of legislation putting New York City squarely in the forefront of promoting green buildings was signed by Mayor Michael Bloomberg on Decembe......

Annual Compliance and Review Requirements for Investment Advisers

Mon, 28 Dec 2009 00:00:00 Z
Investment advisers are subject to certain annual updating and review obligations, many of which apply regardless of whether an adviser is registered ......

The Federal Reserve Board’s Final Rule on Overdraft Programs: The Final Word?

Wed, 23 Dec 2009 00:00:00 Z
The Board of Governors of the Federal Reserve System (“Board”) recently promulgated a final rule (“Final Rule”) amending Regulation E to require that ......

Broad Changes to U.S. Withholding Rules Pass the House

Mon, 21 Dec 2009 00:00:00 Z
House Passage and Next Steps

Proposed tax legislation that would impose significant new withholding and reporting burdens on ......

The Beginning of the End of the ECB Repo Facility for Securitization?

Thu, 17 Dec 2009 00:00:00 Z
After widespread rumor and supposition, the European Central Bank (ECB) has in recent weeks taken the first public steps to try to reduce the current ......

California Issues Preliminary Draft Regulation for a Greenhouse Gas Cap-And-Trade Program

Thu, 17 Dec 2009 00:00:00 Z
California’s Air Resources Board (ARB) recently issued preliminary draft regulations to implement California’s greenhouse gas (GHG) cap-and-trade prog......

Punitive Windfall Tax on UK Bankers’ Bonuses – and other Recent Developments in Executive Remuneration

Thu, 10 Dec 2009 00:00:00 Z
Alastair Darling, the UK Chancellor (finance minister) announced yesterday in his pre-budget report a one-off "windfall" tax on banks that pay bonuses......

Privilege Protects Attorney Audit Reports, California Supreme Court Rules

Tue, 08 Dec 2009 00:00:00 Z

Businesses can audit themselves for legal compliance with less risk of creating adverse evidence for a litigation opponent following the California......

California Supreme Court Slashes Punitive Damage Award in Employment Case

Tue, 08 Dec 2009 00:00:00 Z
In State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003), the United States Supreme Court took up the gauntlet against run......

Compliance Update for Tax-Qualified Retirement Plans

Mon, 07 Dec 2009 00:00:00 Z
This Client Alert describes upcoming key deadlines and actions that must be taken by plan sponsors of tax-qualified retirement plans by the end of 200......

China Issues Rules on Foreign Invested Partnerships

Fri, 04 Dec 2009 00:00:00 Z
On December 2, 2009, the State Council released the Administrative Measures for the Establishment of Partnership Enterprises by Foreign Entities or In......

China Matters: China Issues Rules on Foreign Invested Partnerships

Fri, 04 Dec 2009 00:00:00 Z
On December 2, 2009, the State Council released the Administrative Measures for the Establishment of Partnership Enterprises by Foreign Entities o......

A Review of the Amicus Briefs in Ariad Pharmaceuticals v. Eli Lilly: Does the Patent Statute Mandate a Separate Written Description Requirement in 35 U.S.C. § 112, ¶ 1?

Wed, 02 Dec 2009 00:00:00 Z
The Court of Appeals for the Federal Circuit granted an en banc rehearing in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., Appeal No. 2008-......

IRS Issues Guidance for Electing Expanded Carryback of 2008 or 2009 Net Operating Losses

Mon, 30 Nov 2009 00:00:00 Z
With its passage of the Worker, Homeownership, and Business Assistance Act of 2009 (the “Act”) earlier this month, Congress expanded a provision of th......

The Reimbursement of Withholding Tax on Dividends Distribution of Non-Resident Minority Stakeholders of Italian Companies: an EU Judgment

Tue, 24 Nov 2009 00:00:00 Z
On November 19, 2009, the EC Court of Justice issued judgment C-540/07 in the case European Commission v. Republic of Italy on the t......

The Employer Provisions of the Genetic Information Nondiscrimination Act (“GINA”) Are Now Effective

Mon, 23 Nov 2009 00:00:00 Z
The Genetic Information Non-Discrimination Act (“GINA”), enacted by Congress to allay growing public concern about the misuse of genetic information i......

New Financial Fraud Enforcement Task Force Set To Subject Financial Institutions to Increased Governmental Scrutiny and Investigation

Fri, 20 Nov 2009 00:00:00 Z
On November 17, 2009, President Barack Obama established by Executive Order an interagency Financial Fraud Enforcement Task Force (the “Task Force”) t......

Something Old and Something New in Healthcare Compliance: The OIG Issues Its 2010 Work Plan

Thu, 19 Nov 2009 00:00:00 Z
Recently the Office of Inspector General of the Department of Health and Human Services (“OIG”) released its “areas most in need of attention” for the......

A Little Knowledge Can Be a Good Thing: Practical Strategies For Investment in the United States, Europe and Asia

Thu, 19 Nov 2009 00:00:00 Z
This piece examines the art of tax, taking into consideration the client's structure and cross border issues for investment in Europe and Asia. This a......

Sigma Finance Corporation - No Longer First Among Equals?

Wed, 18 Nov 2009 00:00:00 Z
The UK Supreme Court (formerly the House of Lords), in its first appeal judgment, has overturned the decision of the Court of Appeal in the case of

Correcting Scrivener’s Error – How Helpful Will Courts Be?

Tue, 17 Nov 2009 00:00:00 Z
On November 2, 2009, a district court magistrate ordered reformation of Verizon’s 1996 and 1997 Cash Balance Plan documents to correct a scrivener’s e......

Comprehensive Federal Legislation to Regulate Greenhouse Gas Emissions Environmental Law Institute

Mon, 16 Nov 2009 00:00:00 Z

Reconsidering the Creditors’ Rights Exclusion: A Practical Guide for Real Estate Attorneys California Real Property Journal Vol. 27, No. 3, 2009

Mon, 16 Nov 2009 00:00:00 Z

The SEC's View of Auditor Independence Bloomberg Law Reports – Risk & Compliance

Mon, 16 Nov 2009 00:00:00 Z

Private Monopoly Actions in China Flying Under the Radar: But Be Prepared

Mon, 16 Nov 2009 00:00:00 Z
Since the PRC Anti-monopoly Law (the “PRC AML”) came into effect on August 1, 2008, a number of private actions have been brought by individuals and s......

M&A Risks: The Potential Responsibility of the Purchaser for Prior Infringements

Fri, 13 Nov 2009 00:00:00 Z
The European Court of Justice has reaffirmed the potential attribution of liability to parent companies for cartel infringements committed by an acqui......

Congress Expands Favorable Tax Treatment of 2008 and 2009 Net Operating Losses

Thu, 12 Nov 2009 00:00:00 Z
On November 6, 2009, President Obama signed into law the Worker, Homeownership, and Business Assistance Act of 2009 (the “Act”), a piece of legislatio......

2009 Compliance Update for Health and Welfare Plans

Wed, 11 Nov 2009 00:00:00 Z
This Client Alert provides a broad overview of several recent statutory and regulatory changes that have a significant impact on the operation and adm......

California Supreme Court Upholds Forfeiture of Incentive Compensation

Wed, 11 Nov 2009 00:00:00 Z
In a closely watched case involving the Smith Barney Capital Accumulation Plan, the California Supreme Court has ruled unanimously that state law does......

Private Fund Investment Advisers Registration Act of 2009 and Investor Protection Act of 2009 Pass House Financial Services Committee

Tue, 10 Nov 2009 00:00:00 Z
On October 27, 2009, the House Financial Services Committee approved the Private Fund Investment Advisers Registration Act of 2009 (H.R. 3818) (the “R......

Significant Change in the Law Governing Restrictive Covenants in Illinois

Tue, 10 Nov 2009 00:00:00 Z
For years, the enforcement of restrictive covenants in Illinois has been contingent on proof of a legitimate business interest to support the covenant......

ACG of Los Angeles – Highlights from “Trends in Private Equity”

Mon, 09 Nov 2009 00:00:00 Z
On September 16, 2009, Paul, Hastings, Janofsky & Walker LLP sponsored a workshop at ACG of Los Angeles' annual conference at the Beverly Hilton i......

Second Circuit Limits Impact of Employer’s Oral Misrepresentation of Benefits Plan

Thu, 05 Nov 2009 00:00:00 Z
Ever since the Second Circuit Court of Appeals held more than 15 years ago in Mullins v. Pfizer, Inc., 23 F.3d 663 (2d Cir. 1994), t......

U.K. Tax Update

Mon, 02 Nov 2009 00:00:00 Z
Set out below is a snapshot of certain key U.K. tax law developments:

1. Group Companies Taxation: Debt Buy Backs

On ......

President Obama Signs New Law Expanding FMLA Coverage

Mon, 02 Nov 2009 00:00:00 Z
President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647) (“NDAA 2010”) on October 30, 2009. The NDAA 20......

China Matters: New Rules Prohibiting Foreign Investment in the Chinese Online Gaming Companies – Further Threat to the Variable Interest Entity Structure?

Mon, 26 Oct 2009 00:00:00 Z
On September 28, 2009, the General Administration of Press and Publication (“GAPP”), the National Copyright Administration (“NCA”) and the National An......

Supreme Court Denies Certiorari in Three Cases Concerning Judicial Review of Arbitral Awards

Sat, 24 Oct 2009 00:00:00 Z
Introduction

On October 5, 2009, the Supreme Court denied petitions for certiorari in three cases, Comedy Club, Inc. ......

DOE Announces Its First Loan Guarantee Funding Opportunity for Renewable Generation Projects That Employ “Commercial Technologies”

Wed, 21 Oct 2009 00:00:00 Z
On October 7, 2009, the Department of Energy (the “DOE”) announced the first opportunity for renewable energy generation projects employing commercial......

The EU Temporary Agency Workers Directive:
The End of Agency Workers?

Wed, 21 Oct 2009 00:00:00 Z
The Temporary Agency Workers Directive 2008/104 (the “Directive”) was published in the Official Journal of the European Union on 5 December, 2008, and......

Derecognition: IASB’s Proposed Amendments to IAS 39

Wed, 21 Oct 2009 00:00:00 Z
Introduction

The G20 and the Financial Stability Forum have expressed concerns about a number of accounting issues that have ......

eDiscovery Project Management: Guidance On Developing A Methodology And Documentary Tools

Wed, 21 Oct 2009 00:00:00 Z

Project management is mostly about defining and following a process or methodology to accomplish a project. Central to any approach to project mana......

No-Action Letters Allow Third Parties to Retain and Preserve Records for Broker-Dealers and Investment Advisers

Tue, 20 Oct 2009 00:00:00 Z
Introduction

The Staff of the Securities and Exchange Commission (“SEC”) recently issued two no-action letters effectively al......

SEC Takes Steps to Reduce Reliance on Credit Ratings

Mon, 19 Oct 2009 00:00:00 Z
Effective November 12, 2009, the Securities and Exchange Commission (the “SEC”) has adopted amendments (the “Amendments”) to certain of its rules and ......

Senate Judiciary Committee Considers Two Bills That May Benefit Plaintiffs in Private Civil Litigation

Thu, 15 Oct 2009 00:00:00 Z
While most of the country focuses its attention on the national healthcare debate, Senator Arlen Specter (D-PA) recently proposed two new pieces of le......

Attention ERISA Plan Sponsors: Get Ready Now for New Form 5500 Requirement to Disclose Compensation Paid to Plan Service Providers

Wed, 14 Oct 2009 00:00:00 Z

For 2009 and later plan years sponsors of most ERISA retirement and welfare plans must comply with new reporting requirements issued by the Departm......

Supreme Court Denies Certiorari in Three Cases Concerning Judicial Review of Arbitral Awards

Wed, 14 Oct 2009 00:00:00 Z
Introduction

On October 5, 2009, the Supreme Court denied petitions for certiorari in three cases, Comedy Club, Inc.......

LAERSTATE BV – Decisions of the Board of Directors or not, as the case may be

Mon, 12 Oct 2009 00:00:00 Z
In one of the more important cases of 2009, the UK First-Tier Tribunal (the "Tribunal") held that whilst Laerstate BV was a company incorporated i......

Dwelling in the Details
Environmental Law Institute

Thu, 08 Oct 2009 00:00:00 Z

EEOC’s Proposed Regulations Would Affect Expansion of U.S. Disability Discrimination Law

Mon, 05 Oct 2009 00:00:00 Z
On September 23, 2009, the Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) opened the notice and comment period for its long-......

Connecticut Employment Law:
Compliance with Recent Amendments

Thu, 01 Oct 2009 00:00:00 Z
The most recent session of the Connecticut legislature has resulted in a number of amendments to state labor laws that should have employers evaluatin......

IRS Modifies Guidance on Safe Harbor for Wind Energy Partnerships

Tue, 29 Sep 2009 00:00:00 Z
On September 21, 2009, the IRS issued Announcement 2009-69 (the “2009 Announcement”) to revise portions of a 2007 IRS pronouncement concerning the pro......

Hedge Fund Management – An Industry in Transition

Thu, 24 Sep 2009 00:00:00 Z

Over the past two decades, the hedge fund industry has experienced tremendous growth and success. The industry has grown rapidly both in the number......

SEC Adopts Rule Governing Affiliate Marketing - Regulation S-AM

Wed, 23 Sep 2009 00:00:00 Z
The Securities and Exchange Commission (the “SEC”) recently adopted Regulation S-AM (“Reg S-AM”) limiting the extent to which certain financial instit......

Real Estate: Global Asset Class, Local Opportunities

Tue, 22 Sep 2009 00:00:00 Z

Real estate as an asset class has been at the heart of the current market turmoil in Western economies, notably in sub-prime and commercial mortgag......

UK Syndicated Loans: Practical Experience in Interpreting UK Loan Documents

Mon, 21 Sep 2009 00:00:00 Z
One of the fundamental principles of English law in relation to the interpretation of contracts is that the task of the court is to identify the inten......

Hedge Fund Report –
Summary of Key Developments Thus Far in 2009

Mon, 21 Sep 2009 00:00:00 Z
In response to nearly unprecedented disturbances and failures in the global capital markets in 2008, the Obama administration, lawmakers and regulator......

IRS Guidance on Modifications of Securitized Commercial Mortgage Loans Provides New Flexibility and Also Imposes New Requirements

Fri, 18 Sep 2009 00:00:00 Z

On September 15, 2009, the Internal Revenue Service (“IRS”) released a package of official guidance on modifications of securitized commercial mort......

Strings Attached: Enhanced Enforcement of Federal Prevailing Wage Laws Against Recipients of Federal Stimulus Funds

Thu, 17 Sep 2009 00:00:00 Z
Companies signing up to receive federal funds under the recently enacted stimulus package may wind up with more than they bargained for; namely increa......

Los Angeles to Increase Land Use Application Fees

Mon, 14 Sep 2009 00:00:00 Z
Background

On August 12, 2009, the City Council of Los Angeles approved significant increases in the fees for Planning Depart......

FINRA 2009: What Employers Should Know

Thu, 10 Sep 2009 00:00:00 Z
Two years after its creation through the consolidation of the National Association of Securities Dealers and the member regulation, enforcement, and a......

China Matters: Draft Foreign-Invested Partnership Regulations – New Possibilities for Global Funds in China?

Mon, 07 Sep 2009 00:00:00 Z
On August 24, 2009, it was reported that the latest draft of the long-awaited Administrative Measures for the Establishment of Partnership Enterpr......

Recent Rulings Favor Taxpayers’ Statute of Limitations Defense

Wed, 02 Sep 2009 00:00:00 Z
In three recent court decisions, taxpayers have prevailed in blocking federal tax assessments on the grounds that the government’s assessments were un......

Second Circuit Endorses SEC’s Expansive View of Insider Trading

Thu, 30 Jul 2009 00:00:00 Z
Recently, the U.S. Securities and Exchange Commission (the “SEC”) has sought to expand the scope of insider trading liability. Last week’s Second Circ......

Avoiding Personal Liability for 401(k) and Retirement Plan Investments-From Fees to Losses. Bloomberg Employee Benefits Law Reports. June 18, 2009.

Thu, 18 Jun 2009 00:00:00 Z
Now is the time for ERISA risk management. Plan fiduciaries should engage in a deliberative process that demonstrates their attention to the “money” i......

European Court of Justice Prohibits Anti-Suit Injunctions in Favor of Arbitration between National Courts of Member States

Fri, 13 Mar 2009 00:00:00 Z
On February 10 2009, the European Court of Justice (“ECJ”) issued its long-anticipated decision in West Tankers v. Allianz SpA, a case involv......

Paul Hastings Publications

New York Court of Appeals Rules on Attachment and Execution of Intangible Assets

SEC Takes Action on Money Market Fund Reform

Hedge Fund Report: Summary of Key Developments – Spring 2010

Obama Administration Relaxes Access to U.S. “Social Networking” Technology – Exports to Iran, Sudan and Cuba Authorized

China Matters: RMB Private Equity Funds in Foreign-Invested Partnerships

Italian Restructuring Proceedings: Recent Developments in Prepackaged Plans of Reorganization

New Patent Law Reform Bill Introduced in the Senate

ILPA Private Equity Principles

The Volcker Rule – Impact and Implications for Passage

DOL Proposes New Rules on Providing Investment Advice to Plan Participants and Beneficiaries

Recent Trends in European CMBS Servicing

“English Spoken” in German Commercial Court Litigations

New Guidance on “FBAR” Filing Requirements

D.C. Circuit Rejects FDA’s Interpretation of "Failure to Market" Forfeiture Provisions

Interpreting Reliance Two Years After Stoneridge

Global Cartel Regulation: Reducing Liability in 42 Jurisdictions Worldwide

California Supreme Court Rules That Uncapped Sick Leave Policies Are Not Covered By California’s “Kin Care” Law

Gerard Comizio Discusses Failed Banks, Private Equity, and M&A Outlook with Dow Jones Investment Banker

UK Employment Law Changes in 2010: New Statutory Rates, Limits and Entitlements

A Generic Drug Manufacturer’s Prior Voluntary and Persistent Participation as a Litigant in Delaware is No Guarantee of Jurisdiction

New York Court of Appeals Broadens Eligibility for State Brownfields Program

Protecting Companies In A Challenging Environment: Compliance Programs Under Italian Law – The First Nine Years

Court Rejects Claims That Merger Negotiations Must Be Disclosed

California’s Amended CEQA Guidelines Mandate Analysis of GHG Emissions, While Preserving Lead Agencies’ Discretion

SEC Issues Guidance Regarding Disclosure of Climate Change Risks

Second Circuit Decision Clarifies and Bolsters Arbitrators’ Authority

European M&A Risks: Potential Responsibility of the Chinese Purchaser for Prior Infringements

Survey of 2009 Life Sciences Private Investment in Public Equity (PIPE) Transactions

Survey of 2009 Technology Private Investment in Public Equity (PIPE) Transactions

UK and European Employment Law: Quarterly Case Update

$900,000 DOJ Antitrust Settlement Highlights “Gun-Jumping” Risk

DOJ Adopts New Discovery Policy for Criminal Matters and Appoints First National Coordinator for Criminal Discovery Initiatives

FCPA Dragnet – Could Your Sales Agent Be An FBI Agent?

2010 Revised (Lower) Hart-Scott-Rodino Act Thresholds

RMB Funds: The Evolving Role of Foreign Investors and Fund Managers in China

SEC Adopts Amendments to Investment Adviser Custody Rule

A Possible Harbinger of Things to Come: DOD Appropriations Bill Restricts Use of Arbitration Agreements in Employment Contracts by Federal Contractors

SEC Unveils Specialized Units and New Cooperation Standards

China Matters: China Tightens Administration of Permanent Representative Offices of Foreign Enterprises

Intellectual Property Landscape: Cases and Trends to Follow in 2010

2010: A Year Without Estate Tax? What Clients Should Consider as a Result of Recent Congressional Inaction

China Matters: 2009 Review

SEC Rule Changes for 2010: Be Ready to be Held Accountable

False Marking Bares Its Teeth: The Federal Circuit Mandates Potentially Huge “Per Article” Damages Calculation

Cutting Edge New York City Green Building Laws Enacted

Annual Compliance and Review Requirements for Investment Advisers

The Federal Reserve Board’s Final Rule on Overdraft Programs: The Final Word?

Broad Changes to U.S. Withholding Rules Pass the House

The Beginning of the End of the ECB Repo Facility for Securitization?

California Issues Preliminary Draft Regulation for a Greenhouse Gas Cap-And-Trade Program

Punitive Windfall Tax on UK Bankers’ Bonuses – and other Recent Developments in Executive Remuneration

Privilege Protects Attorney Audit Reports, California Supreme Court Rules

California Supreme Court Slashes Punitive Damage Award in Employment Case

Compliance Update for Tax-Qualified Retirement Plans

China Issues Rules on Foreign Invested Partnerships

China Matters: China Issues Rules on Foreign Invested Partnerships

A Review of the Amicus Briefs in Ariad Pharmaceuticals v. Eli Lilly: Does the Patent Statute Mandate a Separate Written Description Requirement in 35 U.S.C. § 112, ¶ 1?

IRS Issues Guidance for Electing Expanded Carryback of 2008 or 2009 Net Operating Losses

The Reimbursement of Withholding Tax on Dividends Distribution of Non-Resident Minority Stakeholders of Italian Companies: an EU Judgment

The Employer Provisions of the Genetic Information Nondiscrimination Act (“GINA”) Are Now Effective

New Financial Fraud Enforcement Task Force Set To Subject Financial Institutions to Increased Governmental Scrutiny and Investigation

Something Old and Something New in Healthcare Compliance: The OIG Issues Its 2010 Work Plan

A Little Knowledge Can Be a Good Thing: Practical Strategies For Investment in the United States, Europe and Asia

Sigma Finance Corporation - No Longer First Among Equals?

Correcting Scrivener’s Error – How Helpful Will Courts Be?

Comprehensive Federal Legislation to Regulate Greenhouse Gas Emissions Environmental Law Institute

Reconsidering the Creditors’ Rights Exclusion: A Practical Guide for Real Estate Attorneys California Real Property Journal Vol. 27, No. 3, 2009

The SEC's View of Auditor Independence Bloomberg Law Reports – Risk & Compliance

Private Monopoly Actions in China Flying Under the Radar: But Be Prepared

M&A Risks: The Potential Responsibility of the Purchaser for Prior Infringements

Congress Expands Favorable Tax Treatment of 2008 and 2009 Net Operating Losses

2009 Compliance Update for Health and Welfare Plans

California Supreme Court Upholds Forfeiture of Incentive Compensation

Private Fund Investment Advisers Registration Act of 2009 and Investor Protection Act of 2009 Pass House Financial Services Committee

Significant Change in the Law Governing Restrictive Covenants in Illinois

ACG of Los Angeles – Highlights from “Trends in Private Equity”

Second Circuit Limits Impact of Employer’s Oral Misrepresentation of Benefits Plan

U.K. Tax Update

President Obama Signs New Law Expanding FMLA Coverage

UK Employment Law Changes in 2010:
New Statutory Rates, Limits and Entitlements

Survey of 2009 Life Sciences
Private Investment in Public Equity (PIPE) Transactions

Survey of 2009 Technology
Private Investment in Public Equity (PIPE) Transactions

The EU Temporary Agency Workers Directive:
The End of Agency Workers?

Dwelling in the Details
Environmental Law Institute

Connecticut Employment Law:
Compliance with Recent Amendments

Hedge Fund Report –
Summary of Key Developments Thus Far in 2009