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

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

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

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

Doing Good Well: Aspen Action Forum 2019 Learnings

What Socially Conscious Investors Can Learn from Mission-Driven Entrepreneurs—and Vice Versa

The Path Ahead: With Scope of CCPA in Flux, Employers Consider Privacy Implications of New Tech

The GFC: 10 years on

Low Value of Pound Spurs Investment

Market Intersection: A Quarterly Look at the U.S. Credit Markets - 2Q19

Reflections on the § 315(a) Bar in Light of New PTAB Precedent

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

SEC Publishes New Proxy Voting Guidance

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

Market Intersection: A Quarterly Look at the U.S. Credit Markets - 1Q19

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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