Assessing Risk? ethiXbase is an Invaluable Tool by Thomas Fox on 5/23/2012 Put another way, what is the best one-stop database site for anti-corruption and anti-bribery on a worldwide basis? I think that the answer is will lead you to one resource that I would suggest you take a very hard look and...more
Mergers & Acquisitions Law Report - May 7, 2012: Summary of Required Financial Statements of Businesses Acquired or to Be Acquired by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 Reproduced with permission from Mergers & Acquisitions Law Report, 15 MALR 686, 05/07/2012. Copyright 2012 by The Bureau of National Affairs, Inc. Rule 3-05 of Regulation S-X requires audited financial statements to be...more
Orrick's Financial Industry Week In Review - May 21, 2012 by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 In This Issue: - Financial Industry Developments · FHFA Releases Draft Strategic Plan · Large Bank Stress Testing Guidance Finalized · Stress Testing for Community Banks · CFTC Rule on Swap...more
Financial Services Legislative And Regulatory Update -- May 21, 2012 by Mintz Levin - Public Finance on 5/22/2012 In This Issue: Leading The Past Week; Legislative Branch; House of Representatives; Executive Branch; OCC; CFTC; SEC; FHFA; and Upcoming Hearings. Excerpt from Leading The Past Week The news last week was...more
Assured Guaranty Sues GMAC Entities in Connection with RMBS Insurance by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 11, 2012, Assured Guaranty filed suit in the United States District Court for the Southern District of New York against several GMAC entities alleging that the defendants induced Assured to issue financial guaranty...more
Assured Guaranty and Deutsche Bank Settle RMBS Claims for $165.6 Million by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 10, 2012, Assured Guaranty announced that it had reached a $165.6 million settlement with Deutsche Bank resolving claims related to RMBS transactions issued, underwritten or sponsored by Deutsche Bank that were insured...more
Martin Marietta Materials, Inc. v. Vulcan Materials Co., C.A. 7102-CS (Del. Ch. May 4, 2012) (Strine, C.) - May 04, 2012 by Potter Anderson & Corroon LLP on 5/22/2012 In this memorandum opinion, the Court of Chancery construed two confidentiality agreements executed by direct competitors at the outset of friendly negotiations regarding a possible business combination. Although neither of...more
FSA Fines Martin Currie £3.5 million for Conflict of Interests Failures by Katten Muchin Rosenman LLP on 5/22/2012 On May 10, the UK Financial Services Authority (FSA) announced that it fined Martin Currie Investment Management Limited and Martin Currie Inc (together, Martin Currie) £3.5 million (approximately $5.5 million) for conflict...more
CFTC Rule on Aggregation for Position Limits for Futures and Swaps by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 18, the CFTC approved a proposed rule that would modify the aggregation provisions for limits on futures and swaps. The proposed rule would permit any person with greater than 10% ownership or equity interest in an...more
The Troubles With The New Crowdfunding Law? by Davis Wright Tremaine LLP on 5/22/2012 Everyone is very excited about the new crowdfunding-for-securities law. Crowdfunding is a great idea–in concept. And now we have a new law which is about to make crowdfunding for securities a reality, at least in some sense....more
I Can’t Drive 55: The Uselessness of a ‘Custom and Practice’ Defense under the FCPA by Thomas Fox on 5/22/2012 Perhaps the defendants became confused about the inclusion of a local law defense in the Foreign Corrupt Practices Act (FCPA) under which payments to foreign governmental officials that are otherwise prohibited are permitted...more
SEC Registered Covered Bonds by Morrison & Foerster LLP on 5/21/2012 We recently advised Royal Bank of Canada on its filing of a registration statement with the United States Securities and Exchange Commission for the first public offer of covered bonds in the United States. This filing was...more
CJEU Ruling in Santander: Withholding Tax on Dividends Distributed to Non-Resident UCITS Infringes EU Freedoms by McDermott Will & Emery on 5/21/2012 On 10 May 2012, the Court of Justice of the European Union (CJEU) issued its judgment in Santander (joined cases C-338/11 to C-347/11), stating that the French legislation that imposes a withholding tax on French-sourced...more
District Court Rejects Argument that Investment Advisers Act Cannot Be Applied Extraterritorially by Katten Muchin Rosenman LLP on 5/21/2012 The Securities and Exchange Commission brought a complaint against the former Chief Financial Officer of a now defunct investment adviser seeking enforcement of the Investment Advisers Act of 1940 (IAA). The U.S. District...more
Avoiding Problems with Investor Questionnaires by The California Securities Attorneys on 5/21/2012 The Securities & Exchange Commission (SEC) has made it clear that a minimal “check the box” approach is not sufficient. ...more