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PH Quarterly - Q4 2011

By Paul Hastings Professional

Antitrust and Competition:

• Domestic Welfare Trumps International Comity in Strongly Worded Price-Fixing Case

China Matters:

• Strengthening Your Compliance Program in China through Employment Building Blocks - From Onboarding to Termination

• Proposed Changes to the Maternity Insurance System in the Peoples Republic of China

Employment:

• California Is At It Again: A Dozen New Laws Will Significantly Impact the States Employers

• Job Applicant and Employee Credit Checks in California: Proceed With Caution

• California Supreme Court Clarifies the Administrative Exemption An Analysis of Harris v. Superior Court of Los Angeles County

• More Challenges for Federal Contractors as OFCCP Turns its Focus to Employees with Disabilities

• NLRB Adds Another Required Poster to Long List for Employers

• New IRS Voluntary Worker Reclassification Program

ERISA and Global Benefits:

• Model Participant-Directed Defined Contribution Plan Investment/Expense Disclosure Package

• Getting Executive Compensation Ready for 2012: Starting with ISS Guidelines

• Candor for Compensation Committees

Global Banking and Payment Systems:

• The Volcker Rule Proposal Many Questions, Few Answers

• The Volcker Rules Impact on Bridge Loans

• CFPB Announces Early Warning Notice Process for Potential Enforcement Targets

• CFPB Initiates Inherited Regulations Streamlining Process

• Regulation LL and Recent Developments Under the Federal Reserve Boards Control Rules: Issues for All Holding Companies and Investors

• Federal Agencies Clarify Method of Determining Institutions Subject to CFPBS Supervision and Enforcement Jurisdiction

Global Compliance and Disputes:

• Quarterly FCPA Report: Fourth Quarter 2011

• Record DOJ Fraud Recoveries Underscore Need for Robust Corporate Compliance Programs

• California Transparency in Supply Chains Act of 2010

Healthcare:

• CMSs Final Rule on Accountable Care Organizations

• Time to Reassess Audit and Compliance Priorities: The OIG Issues Its 2012 Work Plan

Investment Management:

• SEC Charges Multiple Hedge Fund Managers with Fraud in Inquiry Targeting Suspicious Investment Returns

• SEC and CFTC Adopt Private Fund Adviser Reporting Form

• Hedge Fund Report - Summary of Key Developments - Fall 2011

Intellectual Property:

• A Sign of Future Biosimilars Litigation?

Mergers and Acquisitions:

• A Tale of Two Bankruptcies: Colorado Court Rejects and New York Court Upholds Validity of Security Interests Associated with FCC Licenses

• Preliminary Observations Regarding Recent Changes to the UK Takeover Regime

• Going-Private Transactions

Real Estate:

• Governor Signs Third CEQA Reform Bill

• Finding Fault with Fracking

Securities & Capital Markets:

• Coach, Inc. Lists on the Hong Kong Stock Exchange: A Harbinger of Things to Come?

Securities Litigation and Enforcement:

• Amgen Punctuates Circuit Split: What Must Plaintiff Prove to Establish the Fraud-On-The-Market Presumption at Class Certification?

• Second Circuit Provides Guidance on the Nature of Disclosures That Will Avoid Liability for Market Manipulation

• What Janus Meant: The First Wave of Court Decisions Interpreting the Supreme Courts Ultimate Authority Test in Securities Cases

Tax:

• Temporary Estate, Gift And GST Tax Laws Provide Unprecedented Opportunities In 2012

• Full Qualified Small Business Stock Capital Gain and AMT Exclusions Set to Expire at Year-End