What the Infrastructure Investors Say… Infrastructure Investment Roundtable 2019

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What the Infrastructure Investors Say… Infrastructure Investment Roundtable 2019

October 14, 2019

Nine major debt and equity investors, and Paul Hastings partners Steven Bryan and Luke McDougall, debate key issues affecting the now and future of the infrastructure market.

This article first appeared in Proximo.

Click here for a PDF of the full text

Broker Registration Requirements: The SEC Proposes a Limited Conditional Exemption for Finders

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Carpe Diem: A Holistic Strategy for Assessing Supply Chain Compliance Risk in a COVID-19 World

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CFTC Continues Pursuit of Misuse of Material Nonpublic Information Following Settlement with NYMEX

Federal Reserve Seeks to Raise Interest by Issuing Revised FAQs for Its Main Street Lending Program

Breaking Down the Epic v. Apple Fight

China Enacts Regulations on Unreliable Entity List

English High Court Confirms the Application of Privilege to Foreign Lawyers

ARRC Encourages Adherence to ISDA IBOR Fallback Protocol

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SEC Amends Definition of “Accredited Investor” and “Qualified Institutional Buyer”

Turning Point for Merger Control in Europe

An Influential Guide Connecting Anti-Corruption and Business and Human Rights

AB 1867: California Enacts Supplemental COVID-19 Paid Sick Leave Law

Recent Clarification from the DOL Regarding the Families First Coronavirus Response Act

California Legislature Gives Entertainment and Other Industries Some Relief from Restrictive “ABC” Independent Contractor Test

NO TRADE SECRET PROTECTIONS FOR INFORMATION DISCUSSED VIA OPEN ZOOM CALL

California Passes Employer Pay Data Reporting Requirement: SB 973 Awaits Governor’s Signature

Facilitating Tax Evasion—Enforcement of the U.K.’s Corporate Criminal Offence

SEC Adopts Rules Updating Regulation S-K and Accredited Investor and Qualified Institutional Buyer Definitions

ARRC Releases SOFR “In Arrears” Conventions for Syndicated Business Loans

ARRC Publishes the SOFR Starter Kit: An Up-to-Date Summary of the Transition Away from USD LIBOR

LSTA Releases Final Draft of Simple SOFR Concept Credit Agreement

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Where the New Normal Might Be the Old Normal: Addressing Corruption Concerns Relating to Brazil’s Political Turmoil

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Nine Things You Need to Know About the Trump Administration Sanctions Against TikTok and WeChat

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FASB Issues Accounting Standards Update for Convertible Instruments

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California Supreme Court Issues Decision in Ixchel Pharma, LLC v. Biogen, Inc.: Rule of Reason Will Apply to Non-Compete Agreements Between Businesses

A Clear Standard Emerges for Employers Dealing with Offensive Conduct in the Workplace

China’s Proposals to Provide a Patent Linkage System and Patent Term Extensions – Considerations for Drug Companies

Bloomberg Begins Publishing Fallback Rates for Certain Key IBORs

Foreign Investment Control in France: New Derogatory Regime Applicable to Foreign Investment in French Public Companies

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Chapter 11: Introdução À Reorganização Judicial Nos EUA

Anti-Money Laundering Lessons to be Learnt from the Commerzbank Fine

Federal Reserve Expands Main Street Lending Program to Nonprofit Organizations and Updates FAQs

DOL Proposes Rule Restricting ESG Investing

On the Heels of Significant FCPA Settlements, Past and Present Meet as Novartis Reaches FCA Settlements in Two Districts

The Results Are in: Privacy Shield Has Been Declared Invalid but the SCCs Remain Valid

FERC Updates Tolling Order Practice in Wake of D.C. Circuit Opinion

CFPB Issues Final Rule Rescinding Payday Loan Mandatory Underwriting Requirements

Department of Energy Issues Request for Information to Bolster Bulk Power System Executive Order

The Supreme Court Broadens the Berth for Religious Exemptions from Federal and State Anti-Discrimination Law and the Affordable Care Act

Department of Labor Proposes New Guidance for Fiduciaries

D.C. Circuit Bars FERC Tolling Orders on Rehearing, Upending Agency’s Review Process

Evolution not Revolution: DOJ and SEC Update The FCPA Resource Guide

Seila Law Decision Likely Has Major Implications for CFPB Actions

Sacré Bleu! France Sends a Message in the Fight Against Foreign Bribery

ARRC Announces Further Details of Recommended Spread Adjustments for Cash Products

THE GROWING IMPORTANCE OF ESG DUE DILIGENCE POST-COVID-19

SEC Issues Guidance for Private Fund Advisers

Developments in Human Trafficking and Modern Slavery Regulation and Compliance

In Guidance to Financial Institutions with Hemp-Related Business Customers, FinCEN Clarifies Due Diligence Requirements

Revised Volcker Rule Broadens Exclusions to Covered Funds

IRS Provides Relief for Low-Income Housing Tax Credit

FCA to be Granted Enhanced Powers to Ensure Orderly Wind-down of Libor Contracts

Key Takeaways From the Novartis 345 Million Dollar FCPA Settlement

Delaware Supreme Court Clarifies Elements of Disclosure Claims in Limited Partner Context

DOJ and State Attorneys General Antitrust Enforcement Activity—Competition or Collaboration?

Foreign Investment Control and COVID-19 in Germany

The Trend Continues: As Outward Bound Investments from Japanese Multinationals Continue to Grow, So Do ABAC Compliance and Other Enforcement Risks

One Step Forward, Two Steps Back? Decision on SEC Disgorgement Raises More Questions than It Answers

Borrower’s Guide to PPP Loans

Court Rules Force Majeure Clause Reduces Tenant's Rent by 75% Due to COVID-19

AIFMD Report – The European Commission Gives Its View on the Success of the AIFMD and Potentially Hints at Future Changes to the AIFMD Regime

Supreme Court: Title VII Prohibits Discrimination Because of Sexual Orientation or Gender Identity

Latest EEOC Guidance for Employers in the COVID-19 Pandemic

Federal Reserve Board Revises and Prepares to Open the Main Street Lending Program

CFIUS Extends its Reach to Order the Termination of Ekso Bionics' Role in Joint Venture in China

Department of Labor Allows Private Equity Investment Exposure in 401(k) Plans

IRS Provides Relief for Qualified Opportunity Zone Funds and Investors

ARRC Recommends Best Practices for Completing LIBOR Transition

Holding ABS Is Still Tricky: The EU Securitisation Regulation and its U.K. Equivalent

“Lessons Learned” by DOJ Provide Further Guidance on Developing a Dynamic Compliance Program

“Lições Aprendidas” pelo DOJ dos Estados Unidos Levam a Diretrizes Adicionais Para o Programa de Compliance Dinâmico

Not a Party, Not a Problem: SCOTUS Rules That Non-Signatories Can Enforce International Arbitration Agreements in U.S. Courts

Patent Owners: Beware of Proposed Changes to PTAB Handling of Preliminary-Stage Testimonial Evidence

U.K. Government Publishes Details of the Extended Coronavirus Job Retention Scheme

Human Rights Diligence Catching Up To Anti-Corruption

Treasury Issues Further Guidance on Carbon Capture Tax Credits

OSHA's Updated Recording & Enforcement Guidance for COVID-19

Fueling Innovation in Times of Crisis: The Impact of COVID-19 on Fintech

In Search of Restraint: Vorley Wire Fraud Ruling Injects Uncertainty into the Commodities Trading Laws

More Clarity, More Complexity: New CFIUS Rules Put Spotlight on Mandatory Filings

IRS Expands Safe Harbor for Renewable Energy Projects

Mandatory BE-10 Benchmark Survey of U.S. Investment Abroad Due May 29, 2020

Anti-Corruption and Contractual Relations: Beyond Words, Legal Consequences

DOL Withdraws Prior Rule That Prevented Certain Employers from Relying on the Commissioned Sales Exemption from Overtime Requirements

ARRC Releases Supplemental Consultation on LIBOR-to-SOFR Spread Adjustment Methodology

COVID-19 and Corruption-Related Risks: High on the International Agenda

Comment Deadline Approaches for FERC’s Proposed Transmission Incentives Rule

Seven Things to Keep in Mind about Treatment of Environmental Liabilities in Bankruptcy

U.S. Department of Commerce Imposes Further Restrictions Directed at Huawei

IRS Dramatically Relaxes Mid-Year Section 125 Election Changes for Employer-Sponsored Health Insurance and Flexible Spending Accounts

CCPA Enforcement Is Coming July 1–Here’s What to Know

OSHA Continues to Publish Alerts Offering Industry-Specific Safety Guidance

Paul Hastings Translates Trends in Transatlantic Finance

COVID-19 UK: The UK ICO Publishes Anticipated Guidance on Workplace Testing

Inching Back to Normal: The New Illinois COVID-19 Shelter in Place Order

Court Bars Inquiry Into Corporate Counsel’s Preparation of Former Employees for Deposition

Executive Order Restricts Acquisition of Bulk Power System Equipment from Foreign Adversaries

Seventh Circuit Lowers the Federal Standing Threshold for Illinois Biometric Privacy Act Claimants

Bruce Wexler Talks Global IP Updates with Targem Translations

The U.K.’s Digital Service Tax: What Businesses Should Be Aware Of

Critical Workers and Direct Threat to Self: EEOC Publishes More Technical Guidance

In the Patent World, Humans Still Rule: USPTO Holds Artificial Intelligence Cannot Be an Inventor of a Patent

IRS Provides REIT and RIC Dividend Relief

Déjà-vu All Over Again: Government Enforcement in Response to Economic Crises

FDA Reverses Course on COVID-19 Antibody Tests, Will Now Require Review and Approval

City of Los Angeles Adopts Worker Recall and Retention Ordinances

COVID-19: Federal Reserve Board Announces It Is Expanding the Scope and Eligibility for the Main Street Lending Program

Supermarket Sweep—UK Supreme Court Clarifies Law Regarding Vicarious Liability: Key Take-Aways for Employers

European Guide to Government Aid Introduced in Response to COVID-19

Commerce Department Increases Restrictions on Exports to China, Russia, and Venezuela

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SEC Proposes Modernizing Fund Valuation Practices

ARRC Proposes New York State Legislation to Facilitate LIBOR-to-SOFR Transition

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All Eyes on Me: Practical Tips for Anti-Corruption Compliance In and After a Time of Crisis

Protecting Trade Secrets During the Pandemic

Supreme Court Again Muddies Clean Water Act Standards

FinTechs and Start Ups – UK Government Announces £1.25 Billion Support Package

ISDA Announces Preliminary Results of LIBOR Pre-cessation Fallbacks Consultation

Supreme Court Holds Disgorgement of Profits Available Absent Willfulness, for 1125(a) Infringement

Don’t Feed the Fish: COVID-19 Phishing Scams and Malware Attacks

The Duties of Directors for Overseeing Business Risks During a Pandemic

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COVID-19 Client Alert Series: COVID-19 Guidance on Civil Cases in China from the Supreme People’s Court

Compliance in the Era of COVID-19 – Where and How Life Sciences and Health Care Companies Should Focus in the Era of Social Distancing

Legislature Amends N.J. WARN Act to Provide COVID-19 Relief

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San Francisco Enacts Public Health Emergency Leave Ordinance to Assist Employees Impacted by COVID-19

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The EEOC’s Updated Technical Assistance Q&A, Including New Return to Work Guidance

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ARRC Announces Recommended Spread Adjustment Methodology for Cash Products

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City of Los Angeles Publishes Guidance on Its New Paid Sick Leave Requirements

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SEC Adopts Offering Reforms for BDCs and Registered Closed-End Funds and Issues a Temporary Exemptive Order

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Relaxation of HIPAA Restrictions in the COVID-19 Era

Overview of the Credit Facilities Implemented by the Federal Reserve to Provide up to $2.3 Trillion Relying upon its Emergency Lending Powers

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LA Mayor Issues Emergency Order Providing Paid Sick Leave to Certain Employees Affected by COVID-19

New Team Telecom Process Formalized; FCC Rules to Follow

Key U.K. Employment Law Changes in Force from 6 April 2020

New Judicial Guidance Addresses No-Accrual Vacation Policies Under California Law

New York State Enacts Paid Sick Leave Legislation

FFCRA: Guidance and Controversy This Week

PH COVID-19 Client Alert Series: Update to Overview of the CARES Act and its Applicability to the Hospitality and Leisure Industry

PH COVID-19 Client Alert Series: Remote Technology Issues During COVID-19 Crisis Pose Heightened Insider Trading Risks

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PH COVID-19 Client Alert Series: Location Privacy in a Crisis—Considerations for Businesses

COVID-19 Global Payroll Costs Reduction Analysis

PH COVID-19 Client Alert Series: Treasury Department Releases Paycheck Protection Program Guidance

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PH COVID-19 Client Alert Series: Q&A on the Employee Retention Credit

PH COVID-19 Client Alert Series: Guarding Against Constitutionally Suspect Legislation Arising from the COVID-19 Crisis

PH COVID-19 Client Alert Series: Novel Legal Issues Arise from U.S. Lawmakers’ Potential “Insider” Trades Based on Information Regarding COVID-19 Threat

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PH COVID-19 Client Alert Series: Impacts on the U.K. Residential Mortgage Loan Market and Related Financings

PH COVID-19 Client Alert Series: Consumer Protection Rules and Regulations Still Apply During COVID-19

PH COVID-19 Client Alert Series: Overview of CARES Act and its Applicability to the Hospitality and Leisure Industry

PH COVID-19 Client Alert Series: DOL Continues To Answer Questions About Families First Coronavirus Response Act

PH COVID-19 Client Alert Series: EEOC Webinar Provides Guidance for Employers

PH COVID-19 Client Alert Series: Overview of CARES Act and its Applicability to the Commercial Real Estate Industry

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PH COVID-19 Client Alert Series: U.K. Government Publishes New Guidance on Coronavirus Job Retention Scheme

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PH COVID-19 Client Alert Series: Overview of the Liquidity and Credit Support Programs of the CARES ACT and Implemented by the Federal Reserve (UPDATED)

PH COVID-19 Client Alert Series: When Can Employers Claim Payroll Tax Credits For Coronavirus-Related Leave?

PH COVID-19 Client Alert Series: Dallas County, Texas – Stay Home, Stay Safe Order

PH COVID-19 Client Alert Series: UK Government Announces Further Measures to Support Businesses in Britain

PH COVID-19 Client Alert Series: Debt Buy-Backs in Covid-19 times

PH COVID-19 Client Alert Series: Harris County, Texas - Stay Home, Work Safe Order

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PH COVID-19 Client Alert Series: Overview of the Liquidity and Credit Support Programs for Affected Businesses Proposed by Congress and Implemented by the Federal Reserve

PH COVID-19 Client Alert Series: The State of Environmental Business Operations One Week Into Sheltering in Place in California

PH COVID-19 Client Alert Series: U.K. Tax Implications

PH COVID-19 Client Alert Series: Force Majeure Provisions // German Legislator Aims to Mitigate Consequences of the Corona-Pandemic by Changing Civil, Corporate, and Insolvency Law

PH COVID-19 Client Alert Series: Employers May Qualify for Significant Tax Credits and Government Reimbursements to Cover Paid Coronavirus-Related Leave

PH COVID-19 Client Alert Series: FFA: Potential Amendments to Paid Sick Time and FMLA Provisions Under Consideration

PH COVID-19 Client Alert Series: Managing Risk, From Material Adverse Effects to Contractual Considerations

PH COVID-19 Client Alert Series: Administrando Riscos, de Efeitos Adversos Relevantes (Material Adverse Effects) a Considerações Contratuais

PH COVID-19 Client Alert Series: Details of Illinois COVID-19 Shelter in Place Order

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PH COVID-19 Client Alert Series: COVID-19 and Emerging Theories of Federal Securities Fraud

COVID-19 e Teorias Emergentes de Fraude Federal de Valores Mobiliários nos EUA

PH COVID-19 Client Alert Series: Unprecedented Government Help for U.K. Employers

PH COVID-19 Client Alert Series: Public Health Orders Overview and Preemptive Measures

PH COVID-19 Client Alert Series: Treasury Announces Extension of Tax Filing Deadline to July 15

PH COVID-19 Client Alert Series: COVID-19: Supply Chain and Counterparty Risk for Private Equity Portfolios

PH COVID-19 Client Alert Series: Details on New York COVID-19 Emergency Legislation

PH COVID-19 Client Alert Series: Coronavirus Bill introduces changes to conduct of legal proceedings and investigations in the United Kingdom

PH COVID-19 Client Alert Series: Tax Provisions of Senate GOP Draft of Third COVID-19 Relief Bill

PH COVID-19 Client Alert Series: New Legislation on Paid Sick Leave and Employer Tax Credits

PH COVID-19 Client Alert Series: Force Majeure and the Doctrine of Frustration in Light of COVID-19

PH COVID-19 Client Alert Series: COVID-19 and Equity Compensation Valuations

New York and California Are Leading States in Pushing for More State-Level Consumer Protection Actions

Delaware Supreme Court Validates Federal Forum Provisions: A Solution to the Explosion of State Court Securities Act Litigation?

PH COVID-19 Client Alert Series: The Cybersecurity Implications of an Entire Organization Working from Home

PH COVID-19 Client Alert Series: Força Maior e a Doutrina da Frustração à luz da COVID-19

PH COVID-19 Client Alert Series: New York State's Legislative Response

SEC Provides Relief for Public Company Annual Shareholder Meetings: Considerations Around Implementing Virtual Meetings

These Are Volatile Times: What Asset Managers Need to Know—and Do—When SEC Comes Calling

PH COVID-19 Client Alert Series: UK Economic Response to COVID-19

PH COVID-19 Client Alert Series: FFCRA: Overview

PH COVID-19 Client Alert Series: Regulatory and Practical Issues Facing Registered Investment Companies and Investment Advisers

First German Legislative Support Due to COVID-19 and Granting Liquidity Lifelines

Navigating Share Repurchases in Volatile Markets

PH COVID-19 Client Alert Series: Issues for Private Fund Managers in the Age of COVID-19

Once Aggrieved, Always Aggrieved: The California Supreme Court Holds an Employee’s Settlement of Labor Code Claims Does Not Bar a PAGA Lawsuit

PH COVID-19 Client Alert Series: The WARN Act and Similar State Laws

COVID-19 Paul Hastings LLP Hospitality & Leisure Client Alert

PH COVID-19 Client Alert Series: HSR Filings Impacted by COVID-19

PH COVID-19 Client Alert Series: The Impact of Coronavirus on SEC Reporting Obligations and Public Disclosure

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New York Fed Begins Publication of SOFR Averages and a SOFR Index

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PH COVID-19 Client Alert Series: Employment Issues

Securities Litigation Landscape Continues to Evolve as 1933 Act Filings Reach All-Time High

PH COVID-19 Client Alert Series: Contracting, Performance and Litigation Risks

COVID-19: Riscos de Contratação, Desempenho Contratual e Litígio

PH COVID-19 Client Alert Series: How Companies and Communities are Adjusting to COVID-19

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PH COVID-19 Client Alert Series: Regulatory and Corporate Governance Implications

A Guide to Limited Partner Secondary Sales for Real Estate Private Equity Investors

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New Rules for CFIUS: How Investment Funds Can React and Take Advantage

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SEC and U.S. Lawmakers Continue to Focus on Climate Related Disclosure

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Harvard Professor Arrested for Allegedly Hiding Ties to China: What Universities Can Do to Protect National Security While Promoting an Open Academic Environment

ARRC Releases Consultation on LIBOR-to-SOFR Spread Adjustment Methodologies

Impact Investing: Compliance and Legal Considerations for Asset Managers

Nipped In The Bud: Federal Court Enjoins California’s New Arbitration Statute

New HSR Thresholds Announced for 2020

Vorley Wire Fraud Ruling Inconsistent with Precedent and the Commodity Exchange Act

Measuring Impact: Pain Points and Best Practices

Unlocking Investment Opportunities in 2020: Privatizations in Brazil

What the SFO Looks For in a Compliance Programme—New Guidance Published January 2020

What Drug Companies Should Be Thinking About After the U.S. - China Trade Deal

The FCA Is Set to Continue Its Focus on the Asset Management Industry. Are You Prepared?

Foreign Investment Control in France: A Strengthened Regime

Extradition in Price Fixing Case the Latest Reminder of the Reach of U.S. Antitrust Laws

California Deems Certain Deferred Payment Products Loans, Requiring a Lending License

Navigating an OECD NCP Specific Instance

ESG and Mission-Critical Issues for Director & Officer Liability

Next Recession Will Have a Softer Landing: Paul Hastings' Brady

New Export Regulations on AI Software Could Signal Narrow Approach to Pending “Emerging Technology” Controls

What Asset Managers Need to Know—and Do—About the SEC’s Recent Focus on Impact Investment Strategies

Treasury Issues Final Qualified Opportunity Zone Regulations

New U.K. Anti-Money Laundering and Counter Terrorist Financing Requirements for Cryptoasset Businesses – Are You Ready?

DOJ National Security Division Updates Its Enforcement Policy

Department of Labor Issues Major Update to FLSA Regulations Governing the Regular Rate of Pay

How to Think About and Successfully Navigate Patent Eligibility After Alice, Myriad, and Mayo

CFTC Chairman Pledges Support for LIBOR-to-SOFR Transition

SEC Proposes to Modernize Regulation of the Use of Derivatives by Registered Investment Companies

Exploiting the Pre-Litigation Demand Requirement to Tax Attorneys’ Fees, a Continuing Tactic by Plaintiff Firms

International Finance Lawyers: Convergence is Here to Stay

NYSE Proposes Rules to Expand Direct Listings

Unprecedented Private Equity Funds ERISA Decision Is Reversed

Federal Regulators Propose Madden Fix

Market Intersection: A Quarterly Look at the U.S. Credit Markets-3Q19

Significant Changes to Media, Communications and Data Claims

Plx Likely Stands On Its Own, But Has Room To Grow

SEC Proposes to Modernize the Advertising and Cash Solicitation Rules for Investment Advisers

The SEC Clears the Path for Investors as Potential Whistleblowers: Greater Scrutiny May Be on the Horizon During Regulatory Examinations

New York State Human Rights Law: Changes to Know

ARRC’s Fifth Set of Recommended Fallback Language: Residential Adjustable-Rate Mortgages

Cross-border M&A: A Different Mindset

Delayed Consequences—Mexico Seeks Damages Long After FCPA Resolution

New DOJ Task Force to Increase Detection of Collusion in Government Contracting

CCPA: My Business Isn’t Based In California – Should I Be Taking Action?

CFTC and SEC Charge Foreign Trading Platform Transacting in Security-Based Swaps and Commodity Futures with U.S. Investors

Delivering on the promise

Federal Circuit Rules PTAB APJs Violate Appointments Clause

CFTC to Commence New Examination Program Targeting Swap Dealers and CPOs

Proposed Amendments to U.S. Prudential Regulators’ Margin Rules for Non-Cleared Swaps

SEC Charges Bevy of Foreign Traders in Alleged Spoofing Ring

New EU Directive Enhancing the Protection of Whistleblowers

A Partial Delay: Preparing for the Coming Employment-Related Provisions of the California Consumer Privacy Act (“CCPA”)

Coming in 2020: Seven New Laws Ratcheting Up the Regulation of Employment in California

IRS Issues Long-Awaited Guidance on Virtual Currency

What the Infrastructure Investors Say… Infrastructure Investment Roundtable 2019

AB 51: Attacking Arbitration, Again

Reporting for Duty: CFTC Clamps Down on Swap Reporting and Risk Management

Recent SEC Adoptions: “Test-the-Waters” Communications

Delaware Court Again Finds Potential Director Liability for a Breach of the Duty of Oversight

Europe's Private Debt Market: On an even keel

Nondisclosure Agreements in NY: More Changes Coming Soon

SEC Adopts Long-Awaited "ETF Rule"

CFPB FinTech Regulatory Innovation Initiatives Echo International Regimes

ARRC Releases Practical Implementation Checklist for SOFR Adoption

Department of Labor Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

CFTC Paying for a Company's Dirty Laundry: New Whistleblower Initiatives and Rewards Suggest Increased Enforcement in the Virtual Currency, Foreign Corrupt Practices, Insider Trading, and BSA Spaces

New Illinois Requirements on Use of AI to Screen Job Applicants Present Challenges for Employers

ZB, N.A. v. Superior Court: Scaling Back PAGA-Only Actions.

Significant Changes to Media, Communications, and Data Claims in the English Courts

Treasury Issues Further Guidance on Bonus Depreciation Rules, Declines to Amend Legislative Drafting Glitch

With the Enactment of AB 5, Many Independent Contractors Will Become Employees

The Time to Think About Debt Restructuring? Going into a Deal

Wage Claims After OTO v. Kho: Are Arbitration Agreements Enforceable?

New German Act to Combat Corporate Crime

EU Adopted Regulation on Screening of Foreign Investments

U.K. Announces Draft Legislation for Digital Services Tax

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The Debate on Stakeholder Governance and the Freedom of Directors to Embrace Long-Term Value Creation

SEC Publishes New Proxy Voting Guidance

The Impact of AI Legislation on Employment

Amendment to Illinois Equal Pay Act and New Omnibus Sexual Harassment Bill Raise the Bar for Illinois Employers

New UK Serious Fraud Office Co-operation Guidance: From Avoiding “Trampled Crime Scenes” to Helping Secure Admissible Evidence

Keeping It Done When It’s Over: New Rules for Submitting Generic/Biosimilar Settlements to DOJ and FTC

SEC Adopts Capital, Margin, and Collateral Segregation Requirements for Security-Based Swaps

U.K. Supreme Court Clarifies Test for Trimming Non-Compete Clauses

European Direct Lending Perspectives Report

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Alternative Lending: What Role Do Attorneys Play?

FDA “Supercharges” Paragraph IV Certifications List, Adding to Its Usefulness as a Resource

Italian Criminal Court of Cassation Issues Important Decision on IBLOR Fronting Structures

Post-Cyan Update – New York State Decisions Shed Light on Approach to Securities Act Claims

FATF Adopts New Anti-Money Laundering Guidelines for Virtual Assets and Related Providers

FCA to Ban the Sale to Retail Clients of Investment Products that Reference Cryptoassets

Key Takeaways for Practitioners from the Athena v. Mayo En Banc Rehearing Petition Denial

The Ninth Circuit Fastens Some Guardrails to SLUSA’s “In Connection” Requirement

Stockholders May Be Third-Party Beneficiaries of Agreement That “Replicates” Standstill of Section 203 of the Delaware General Corporation Law

New York Legislature Sets Statute of Limitations for Martin Act Claims to Six Years

Senate Judiciary Committee Passes Bill Limiting the Number of Patents for BPCIA Litigation

Caremark Is Not a Chimera: Delaware Supreme Court Charges Directors to Oversee Critical Compliance Risks

Senate Hearing on “The State of Patent Eligibility in America”: Analysis of Viewpoints on Looming Section 101 Change

National Health Service in the United Kingdom to Launch a Young People’s Gambling Addiction Service

SEC Adopts Amendments to Auditor Independence Rule

Landmark ABP Deal Achieves First Amendment of LIBOR Legacy Bond to New Alternative Rate

SEC Adopts Rules & Interpretive Guidance Designed to Enhance and Clarify the Obligations of Financial Professionals

Private Debt Should Soften, Not Exacerbate, the Next Downturn

SEC Proposes Action Regarding Cross-Border Application of Certain Security-Based Swap Rules

CFTC Reaffirms Focus on Foreign Corrupt Practices

Steps You Can Take Now To Reduce The Risk Of Litigation Under The New California Consumer Privacy Act

Post-Cyan Update: Connecticut Trial Court Finds PSLRA Discovery Stay Applies to Securities Act Claims Filed in State Court

Triumph for Trademark Licensees: Supreme Court Says Right to Use Trademarks Following Debtor’s Rejection of Licensing Agreement Is Determined By Non-Bankruptcy Law

Married Bliss or Headed for Divorce? Happy Anniversary GDPR!

FCA Criticise the Use of ARs in the Investment Management Sector – Principal Firms Must Review Arrangements Including in Relation to AIFM Hosting

ARRC Releases Recommended Fallback Language for Floating Rate Notes and Syndicated Loans

A One-Two Punch: The U.S. Government Hits China’s Technology Sector

Ruling may encourage SEC to pursue broader theories

The Insider Trading ‘Mess’ Congress Is Trying To Fix

International Guide to Money Laundering Law and Practice

AIFMD and Pre-Marketing – Helpful Clarification or an Additional Surveillance Camera?

Whistleblowing Within the European Union: A Path Forward a Greater Protection

German Real Estate Transfer Tax – Now It’s Getting Serious

A Private Equity View of the Recession

Private Equity in Silicon Valley: Healthy Activity Amid New Concerns to Navigate

Vazquez v. Jan-Pro Franchising Int’l, Inc.: More Than Just Retroactive

Find Your Way Through the Delisting and Deregistration Door — Steps for Acquired Public Companies to Terminate and Suspend Exchange Act Reporting Requirements

NYC Adds New Protected Category to Expansive NYCHRL, Seeks to Curb Pre-Employment Marijuana Testing

Something Familiar, Something New: OFAC’s Compliance Program Framework

Clarity or Confusion: New DOJ Guidance for Evaluating Corporate Compliance Programs

Can Cannabis Banking Work? Growing Interest in a Federal Safe Harbor

Cryptoasset Industry to Be Regulated in the U.K. and EU

Federal Reserve Board Proposes Codification of Control Principles from Lore into Law, Providing Greater Transparency to Potential Control Parties

"Silence Is Golden”: Lamps Plus, Inc. v. Varela Holds That Ambiguous Arbitration Agreements Bar Class Actions

ARRC Releases White Paper Regarding SOFR – The New U.S. Dollar LIBOR Alternative

IRS Issues Further Guidance on Qualified Opportunity Zones

Billions of Dollars at Stake in New Federal Energy Regulatory Commission Inquiries Into Its ROE and Electric Transmission Incentive Policies

Market Intelligence: Restructuring & Insolvency - United States

Market Intelligence: Restructuring & Insolvency - United Kingdom

The Rise of Alternative Lending: Will It Cushion the Next Recession?

Part II of II—Not a U.S.-Fits-All-Proposition: Four Key Considerations When Building the Compliance Framework to Go Global with Patient Support

Is your AI system “trustworthy”?

Part I of II—Not a U.S.-Fits-All-Proposition: Four Key Considerations When Building the Compliance Framework to Go Global with Patient Support

Sanctions Compliance Shortfalls Result in $1B Global Enforcement Action

The Supreme Court’s Decision in Lorenzo: Laying the Groundwork for Expansive Theories of “Scheme Liability” Under the Securities Laws

The Future of Work: Today. Tomorrow. For All.

The EU Regulation of Crypto-assets—Fit for Purpose?

How is the UK intending to enhance the benefits of data and AI?

Employers Take Note: A Third California Court Invalidates Employee Non-Solicitation Agreement

Department of Labor Proposes Update to FLSA Regulations Governing the Regular Rate of Pay

A Failure to Supervise: The SEC Casts a Shadow Over Internal Investigations

International Data Transfers in the Limbo of Brexit

"Career Development: The Diversity ‘Sea Change’"

Ignorance Is No Longer Bliss: Practicing Law 10 years After the Crash of 2008

Containing Risk and Seizing Opportunity: The In-house Lawyer’s Guide to Artificial Intelligence

New PRC Foreign Investment Law Delivers Investor-Friendly Reforms

Arbitration in Italy - The New Rules of the Milan Chamber of Arbitration

ABA Releases White Paper Regarding Cryptocurrencies and Digital Assets

A New Enforcement Agency Joins the World of International Corruption Enforcement: CFTC Announces New Initiative Covering Companies Involved in Foreign Corrupt Practices

Department of Labor Proposes Increased Minimum Salary for Exempt Employees

eDiscovery and Disclosure – Italy

New HSR Thresholds Announced for 2019

Securities Year in Review

Market Intersection: A Quarterly Look at the U.S. Credit Markets - 4Q18

When It Comes to Consumer Report Disclosures, Keep It Simple

Italy: New Bankruptcy Code

Post-Brexit Temporary Permissions Regime for Inbound EEA Passporting Firms and Funds and Contingency Planning for Outbound U.K. Fund Managers

Federal Circuit Again Affirms Patent-Ineligibility of Diagnostic Method Claims: Key Takeaways from the Athena v. Mayo Decision

Knowledge and Geographic Ties Strengthen Capital Lending for the Energy Industry

China - U.S. Trade Relations at Possible Turning Point

Private Equity Investment in Power Infrastructure Looks Bright

Can Lawyers Help Treat Cancer? Transactional Lawyers Put Money Where It's Needed Most

New CFIUS Law Should Quicken and Improve Reviews of Foreign Investments in the U.S.

Rosenbach v. Six Flags Entertainment Corporation:The Illinois Supreme Court Clarifies BIPA’s “Aggrieved” Pleading Requirement

Implementing the Volcker Rule: The Covered Fund Restrictions

M&A In A Changing European Landscape: Can The Boom Survive Brexit?

SEC Reporting Obligations Under Section 13 and Section 16 of the Exchange Act

Troublesome Team Moves: Preparation and Planning

The EU is Launching “INSTEX” to Support Trade with Iran Despite U.S. Sanctions

New Bill Aims to Curtail Covert Insider Trading

Blockchain and Cryptocurrencies: A Cross-Border Conundrum

The So-Called “Bribe Destroyer” Law on Corruption Adopted in Italy

Recent Changes to the Italian Securitisation Law

DAC6 - New Mandatory Rules Regarding Disclosure and Tax Reporting

SCOTUS Grounds the “Wholly Groundless” Exception: Parties Can Delegate Arbitrability to Arbitrators

The “Token Taxonomy Act” Would Exempt Dealings in Utility Tokens from the Federal Securities Laws

In Rare Move, the SEC Assesses No Penalty for Significant Corporate Accounting Control Failures

SEC Proposes Changes to Fund of Funds Arrangements

FCA/PRA, UK Government and ESMA release new requirements for Securitisation Regulation

EU Screening of Foreign Investments

The Effects of the Supreme Court’s Lucia v. SEC Decision across Administrative Agencies

Broader Implications of SEC Charges Against Celebrities for Unlawfully Touting ICOs

Proportionality and Technology Assisted Review—The Evolving Post-Amendment Landscape

DRW Decision Presents Significant Interpretation of CFTC Authority

Data Security in the Cloud Era: Development and Dividing Lines

SEC Offers Possible Path to Compliance for ICO Issuers

A Welcome DOJ Shift on Cooperation Credit

The Blocking of Digital Currency: A New Phase of Sanctions Enforcement

The California Financing Law: Gaining Traction with Both Lenders and Regulators (Updated November 2018)

California Court of Appeal Voids Employee Post Employment Non-Solicitation Restrictions: What Your Company Needs To Do Now

Avoiding Russian Roulette with Rights of First Offer in Shareholders’ Agreements

Proposed IRS Regulations Significantly Curtail Impact of Section 956 for U.S. Corporate Borrowers

Market Intersection: A Quarterly Look at the U.S. Credit Markets - 3Q18

Defending Against Retaliation and Whistleblower Claims

IRS Provides Guidance on Qualified Opportunity Zones

California Takes the Lead on #MeToo Legislation

CFIUS’s New Pilot Program Signals an Expansive Approach to Its Jurisdiction Under FIRRMA

Fundraising of Alternative Investment Funds –A Step Forward in Adopting the New Measures on Pre-Marketing

For More Information:

Steven Bryan

Email

+44 020 3321 1066
Luke McDougall

Email

+44 020 3023 5125

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