Expert Insight, Commentary, and Intelligence On...
EU: Ryanair scrapes a win (but not using IP!)
The CJEU has ruled that database owners whose databases are not protected by copyright or the sui generis database right may rely on contractual terms and conditions to restrict access to and exploitation of their data. As a result…more
"2014-15 Supreme Court Highlights"
Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for review a…more
FTC Announces New, Elevated Hart-Scott-Rodino Premerger Notification Reporting Thresholds
The Hart-Scott-Rodino Act, 15 U.S.C. 18a (the "HSR Act"), requires parties that are contemplating a merger or the acquisition of assets, voting securities and other non-corporate interests above certain dollar thresholds to notify the…more
"Challenging the IRS Anti-Inversion Notice: A Hollow Threat"
On September 22, 2014, Treasury and the IRS issued Notice 2014-52, 2014-42 I.R.B. 712 (the Notice), announcing their intention to issue regulations aimed at blunting certain of the benefits from so-called inversion transactions. The…more
Important royalty withholding tax decision
The taxpayer, Seven Network Limited, has won a recent decision (22 December 2014) in the Australian Federal Court, Seven Network Limited v Federal Commissioner of Taxation (2014) FCA1411, which is significant to all broadcasters…more
"Insights Focus: Key Observations for Directors and Senior Executives"
Although Insights is intended to cover a wide range of issues, there are a number of topics we believe will be of particular interest to directors and senior corporate executives. Below is an introduction to these topics and a link to…more
New Five Business Day Timeline for Debt Tender or Exchange Offers
On January 23, 2015, the Staff of the US Securities and Exchange Commission issued a no-action letter (the “No-Action Letter”) providing that it would not recommend enforcement action with respect to a five business day timeline for…more
"The Newfound Attractiveness of European M&A"
In 2014, Europe registered its highest levels of M&A deal activity since the financial crisis. Compared to 2013, overall European M&A activity climbed 40.5 percent to $901.4 billion (the highest value since 2008). Inbound M&A, at…more
Arbitration Caution: Be Careful about How You Conduct
In my last Case Comment, I examined some of the elements of the recent watershed Supreme Court of Canada decision, Sattva Capital Corp v. Creston Moly Corp, which provides a complete compendium on the application of the principles that…more
Privacy Update: Protecting Children From Cyber-Bullying
The Federal Government's Enhancing Online Safety For Children Bill 2014 Is A Significant Cyber Reform. The First Direct Response To Cyber-Bullying It May Also Herald A New And Targeted Approach To The Online Activity Of Australia's…more
"United Kingdom: The SFO Focuses on Corporate Fraud and Corruption"
Once the subject of speculation regarding its possible consolidation with other agencies, the Serious Fraud Office (SFO) had an exceedingly busy 2014, with all signs suggesting that it will continue its aggressive enforcement in 2015…more
Supreme Court Tackles Tacking Question in Hana
On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment or judgment…more
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FCPA Compliance and Ethics Report-Episode 125, The Oscars and Compliance, Part II with Jay Rosen
FCPA Compliance and Ethics Report-Episode 124, The Oscars and Compliance, Part I with Jay Rosen
State and Local Taxation: Headline News and Trends (January 2015)
Legal Minute: Cybersecurity Reporting Requirements for Government Contractors
