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Cameron Abbott

Mandatory Notification a Step Closer to Reality for Serious Privacy Breaches

On 2 May 2013, the Australian Government released, to a limited number of key stakeholders, a confidential Exposure Draft Bill for an Australian mandatory data breach notification scheme. This is the strongest indication yet…more

Data Breach, Data Protection, Notice Requirements, Personally Identifiable Information

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Jennifer Addis

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce…more

Bird Fatalities, Department of Fish and Wildlife, Renewable Energy, Wind Power

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Dara Akchoti

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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R. Bruce Allensworth

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to review…more

Arbitration Agreements, Class Arbitration, Federal Arbitration Act

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Roberta Anderson

Insurance Coverage for Cyber Attacks - Part Two of a Two-Part Article

Last month, Part One of this article addressed the role of traditional insurance in covering cyber risks. This second installment first continues the discussion of traditional insurance coverages and then addresses specialty…more

Commercial General Liability Policies, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

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Juan Arciniegas

Swap Clearing and the Commercial End User Exception: Corporate Governance and Risk Management Issues for Commercial Companies

Central clearing of over-the-counter derivatives is a central pillar of the financial services reforms that are embodied in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The presumption of…more

Commercial End-User Exception, Corporate Governance, Dodd-Frank, End-Users, Risk Management

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George P. Attisano

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Mary Burke Baker

Getting Over the Goal Line: Congress Shows Strong Support for Medical Device Tax Repeal, but Issues Remain

Introduction - The Patient Protection and Affordable Care Act (“ACA”) generates very few areas of agreement. However, in recent months, proposals to repeal one of the most visible and controversial provisions of the…more

Affordable Care Act, Manufacturers, Medical Device Tax, Medical Devices

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Julia Baldi

What is a "Material Change" Affecting Off The Plan Sales?

The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind off…more

Canada, Contract Drafting, Land Developers, Materiality, Sales Contracts

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Matthew Ball

Comcast v. Behrend: New Opportunities for Class Action Defendants?

The Supreme Court’s recent opinion in Comcast Corp. v. Behrend all but invites defendants to make a number of arguments when attempting to defeat class certification. The Behrend case is therefore the latest move by the U.S…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Rule 23

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Maurice Baroni

Road Safety Remuneration Tribunal to Order Minimum Conditions for Drivers

On 1 July 2012, the Road Safety Remuneration Act 2012 (Cth) (Act) came in to force imposing requirements on employers across the road transport industry to meet new remuneration and employment standards for their drivers…more

Fair Work Commission, Remuneration, Road Safety Remuneration Act, Transport Workers Union, Trucking Industry

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Neil Baylis

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to…more

China, Commodities, EU, MOFCOM, Transparency

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David Beam

Virtual Currency Under Federal Anti-Money Laundering Laws: FinCEN Provides Guidance

A lot of companies transact in credits that might be called “virtual currency.” Most of these companies probably do not consider themselves financial institutions. Many have never considered the possibility that they need to…more

Anti-Money Laundering, Bitcoins, FinCEN, Virtual Currency

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Andrea Beatty

Mandatory Notification a Step Closer to Reality for Serious Privacy Breaches

On 2 May 2013, the Australian Government released, to a limited number of key stakeholders, a confidential Exposure Draft Bill for an Australian mandatory data breach notification scheme. This is the strongest indication yet…more

Data Breach, Data Protection, Notice Requirements, Personally Identifiable Information

See All Updates »

Paul Beausang

The Politics of Property: Delivery of affordable homes in the United Kingdom. A new model.

Background to affordable housing needs - England and Wales has a population of 56.2m. It is divided into 348 municipal authorities. 33 of these are in London and serve an estimated population of 8.2m. Figures regarding…more

P3s

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Caitlin Beer

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

The Federal Government is one of the largest real estate players in the United States, owning or leasing a huge portfolio of office buildings and other real estate assets across the country. The Public Building Service (“PBS”),…more

Budget Cuts, Federal Budget, Public Projects, Public-Private Partnerships, Real Estate Investments

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Alice Bell

Preparing for AIFMD: Some Practical Tips, Part 1

In This issue: - A general round-up of key provisions in the AIFMD level 2 implementing regulations - Scope of the AIFMD - Timetable and transitional relief - Cross-border marketing - Delegation and…more

AIFM, AIFMD, Cross-Border Transactions, Disclosure Requirements, ESMA

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Bryan Belling

NSW State Government Introduces New Legislation for Public Sector Employment

Australia's largest employer is the State Government of New South Wales and its agencies. It represents AUD60 billion of the economy in New South Wales. Any reform in the public sector is, therefore, important to us all. On…more

Jumpstart GSE Reform Act

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Jocelyn Belloni

Trademark Office Denies Louboutin’s Request to Broaden Trade Dress in Red Sole Shoes

The red hot dispute continues between Christian Louboutin and Yves Saint Laurent (“YSL”) over Louboutin’s red sole shoe trademark. On January 16, 2013, the U.S. Patent and Trademark Office rejected Louboutin’s request to broaden…more

Christian Louboutin, Infringement, Red Sole Shoes, Trade Dress, Trademarks

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Noémie Birnbaum

Dividend Premiums – Status Quo

Most companies close their accounts at the end of the fiscal year on December 31st. It is thus the moment to determine whether payment of a “dividend premium” to employees is required. Since January 1st, 2011, a decision to…more

Beneficiaries, Dividend Premiums, Dividends, EU, Sanctions

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Gregory Blase

Careful What You Wish For - United States Supreme Court Rules That Prevailing Defendants in FDCPA Cases May Recover Costs Without Having to Show That Case Was Brought in Bad Faith

Will the United States Supreme Court’s decision in Marx v. General Revenue Corp. be the death knell of frivolous and nuisance lawsuits alleging violations of the Fair Debt Collection Practices Act (“FDCPA”)? Only time will tell,…more

Bad Faith, FDCPA, Legal Costs, Marx v General Revenue Corp, SCOTUS

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Christine Jochim Boote

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce…more

Bird Fatalities, Department of Fish and Wildlife, Renewable Energy, Wind Power

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Jeffrey L. Bornstein

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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Raja Bose

Myanmar's New Foreign Investment Law

Introduction - This month has marked some significant milestones for Myanmar (also known as Burma) which, as a former pariah state, has recently emerged as the new investment hotspot in Asia due to its rich natural…more

Foreign Investment, Sanctions

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Julie Bouchard

Dividend Premiums – Status Quo

Most companies close their accounts at the end of the fiscal year on December 31st. It is thus the moment to determine whether payment of a “dividend premium” to employees is required. Since January 1st, 2011, a decision to…more

Beneficiaries, Dividend Premiums, Dividends, EU, Sanctions

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Natalie Boyd

UAE Launches New Financial Free Zone in Abu Dhabi

The federal government of the United Arab Emirates (“UAE”) has issued legislation establishing a new financial free zone in Abu Dhabi. The name of the new free zone, “Global Marketplace Abu Dhabi” (“GMAD”), serves as a statement…more

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April Boyer

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla. Mar…more

Breach of Contract, Condominiums, Damages, Economic Loss Doctrine, Fiduciary Duty

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Neal R. Brendel

Nuclear Liability

The UAE introduces new legislation that determines the scope of civil liability and compensation for nuclear damage and aligns UAE law with the Vienna Convention on Civil Liability for Nuclear Damage as amended by the 1997…more

Nuclear Power

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Melanie Brody

CFPB Solidifies Loan Originator Compensation Restrictions, Dumps Zero-Zero Requirement

Even though the loan originator compensation rule (the “Final Rule” or “Rule”) finalized by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) in January passed without as much fanfare as the Bureau’s Qualified…more

Bonuses, Borrowers, CFPB, Creditors, Federal Reserve

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Jim Bulling

Superannuation Funds - Enhanced Investment Management Governance

The Australian Government has been rolling out a series of significant regulatory reforms of the superannuation industry, many of which will commence in 2013. These reforms are fundamentally designed to enhance the prudential…more

Disclosure Requirements, Fees, Financial Management Outsourcing, Investment Management, Offshore Funds

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Holly Spencer Bunting

CFPB’s RESPA Radar Pointed at Affiliated Business Arrangements

Have you been wondering whether the Consumer Financial Protection Bureau (“CFPB”) is focusing its enforcement efforts on the Real Estate Settlement Procedures Act (“RESPA” or “Act”)? After the public announcement of two…more

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Kathleen Burch

Prospective and Retrospective Implications of the Jimmo Settlement Agreement for Skilled Care Providers

On January 24, 2013, the U.S District Court for the District of Vermont approved a Settlement Agreement in the so-called Medicare Improvement Standard case, Jimmo v. Sebelius. In addition to its impact on Medicare reimbursement,…more

CMS, HHS, Jimmo, Medicare, Settlement

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Catie Burdett

Victorian Government Reforms PPP Policy to Support Infrastructure Growth

The Victorian State Government announced on 2 May 2013, significant reforms to its Public Private Partnership (PPP) policy to support infrastructure growth in Victoria (Policy). The Policy is aimed at encouraging private sector…more

Canada, Infrastructure, Public-Private Partnerships

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Jane Burgess

The Enterprise and Regulatory Reform Act 2013

The Enterprise and Regulatory Reform Act 2013 introduces a number of reforms designed to simplify and streamline existing planning procedures to provide greater clarity for owners and developers of listed buildings or buildings…more

Building Standards, Consent Order, Conservation, Enterprise and Regulatory Reform Act, Sustainability

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David Byer

Dot Anything: Generic Top-Level Domains Update

On January 12, 2012, ICANN, the authority responsible for management of the internet domain name system, launched the new, expanded, gTLD program, which we reported on here. As implementation moves forward, we want to keep you…more

Deloitte, Domain Names, gTLD, IBM, ICANN

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Michael Caccese

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Clive Cachia

Resources Exploration Investment – Industry Has Its Say

Industry Outlines Impact of Government Interference - Earlier this year, we provided a summary of the Productivity Commission's review of non-financial barriers to exploration investment – please see the following…more

Investors, Mineral Exploration, Regulatory Standards, Resource Extraction, Tax Deductions

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Luke T. Cadigan

What Do Federal Authorities Expect of Companies Subject to the FCPA?

In mid-November 2012, federal authorities released their much-anticipated ”FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act,” prepared jointly by the Justice Department’s Criminal Division and the Enforcement…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Andrew Caplan

Was Chicken Little an Optimist?

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to consider…more

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Tamara Cardan

Government Releases New Transfer Pricing Measures to Attack Multinationals

On 13 February 2013, the Federal Government introduced legislation into Parliament that will significantly broaden the circumstances in which Australia's transfer pricing rules may be applied. The legislation will come into…more

Arm's Length Principle, Multinationals, Mutual Agreement Procedure, OECD, Required Documentation

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C. Kent Carlson

SEC Addresses Use of Social Media for Public Company Disclosures

On April 2, 2013, the Securities and Exchange Commission issued a Report of Investigation that directly addresses the application of Regulation FD to disclosures made through social media channels such as Facebook and Twitter…more

Netflix, Public Communications, Public Disclosure, Publicly-Traded Companies, Regulation FD

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Megan Cesare-Eastman

The Expansion of Potential Class Size (and Exposure) Under Aryeh v. Canon Business Solutions, Inc.

On January 24, 2013, the California Supreme Court held that common law exceptions to the standard four-year statute of limitations apply to claims brought under California’s Unfair Competition Law (“UCL”). The Aryeh decision may…more

Canon Business Solutions, Class Action, Statute of Limitations, Unfair Competition

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Sebastian A. Charles

The Enterprise and Regulatory Reform Act 2013

The Enterprise and Regulatory Reform Act 2013 introduces a number of reforms designed to simplify and streamline existing planning procedures to provide greater clarity for owners and developers of listed buildings or buildings…more

Building Standards, Consent Order, Conservation, Enterprise and Regulatory Reform Act, Sustainability

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Nicolas Chen

Can Heads of Agreement That Are "Subject to Contract" Still Bind You?

Background - It is common practice for parties to property and business transactions (such as sales, purchases and leases) to sign a heads of agreement once an agreement has been reached in relation to the key commercial…more

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David Cho

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)…more

Begun Construction Test, Damages, Investment Tax Credits, IRS, Production Tax Credit

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David Christensen

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the Supreme…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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Demetrios Christou

A Collaborative Approach to TCP Code Enforcement: Will it be Enough?

Overview - The Australian Communications and Media Authority (ACMA) and Communications Compliance (CommCom) entered into a five year Memorandum of Understanding (MOU) last week. CommCom is the telecommunications industry…more

ACMA, CommCom, Memorandum of Understanding, TCP Code Enforcement

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David Cinque

Reforming Australia's mineral and energy resource exploration sector

Removing unnecessary regulatory burdens - Recognising Australia's declining share of international energy and resources exploration investment, the Australian Government has commissioned its independent research and…more

Energy Exploration, Mineral Extraction, Natural Resources

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William Cleveland, IV

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress…more

Bona Fide Purchaser, Brownfield Properties, CERCLA, Environmental Liability, PRP

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Catherine Cooper

Claimants Joining Insurers to Proceedings – Recent Developments in NSW and WA

In the context of professional indemnity insurance, there have been multiple instances in which claimants have attempted to join – as a party to court proceedings – the insurer of an alleged wrongdoer. In NSW, the…more

Claims Made Policy, Indemnity Insurance, Insurers, Joinder

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Stephen Cooper

Health Care Issues Poised to Take Front and Center in the 113th Congress

Health care issues dominated much of President Obama’s first term. Even after Congress passed the Patient Protection and Affordable Care Act (“PPACA” or “health reform law”) (Pub. L. 111-148, 111-152), the Supreme Court ruling…more

Affordable Care Act, American Taxpayer Relief Act, Barack Obama, Employer Mandates, Fiscal Cliff

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Caroline Cossio

Google AdWords Trade Mark Policy – Important Changes

Google has revised its AdWords trade mark policy which is currently in place in Australia, Hong Kong, China, Macau, Taiwan, New Zealand, South Korea and Brazil and these changes will come into effect on 23 April 2013. From this…more

Advertising, Google, Keyword Search, Third-Party, Trademarks

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Gregory Couston

Claimants Joining Insurers to Proceedings – Recent Developments in NSW and WA

In the context of professional indemnity insurance, there have been multiple instances in which claimants have attempted to join – as a party to court proceedings – the insurer of an alleged wrongdoer. In NSW, the…more

Claims Made Policy, Indemnity Insurance, Insurers, Joinder

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Steven D. Cox

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

The private right to light is an arcane area of law and which many developers would agree is long overdue for reform. Development schemes can be thwarted by private landowners even after the proposal has passed through the…more

EU, Land Developers, Natural Light Rights

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Elizabeth Crouse

Exclusion from Tax for Stock Issued by Qualified Small Business Corporations

On November 3, 2010 and January 18, 2011, we issued client alerts discussing the opportunities provided by the Section 1202 exclusion from tax on gain realized on the sale of certain stock issued by a “qualified small business…more

American Taxpayer Relief Act, Capital Gains, Gain Exclusion, Qualified Small Business Stock, Small Business

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Daniel F. C. Crowley

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Christopher Cunningham

Complying with the SEC’s Conflict Minerals Rules

Introduction - On August 22, 2012, the U.S. Securities and Exchange Commission (the “SEC”) adopted new rules (the “Final Rules”) pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Conflict Mineral Rules, Dodd-Frank, Due Diligence, Human Rights, SEC

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Louisiana Cutler

Alaska Passes Legislation to Support Energy Industry Projects

The 2013 Alaska Legislature passed three significant pieces of legislation and appropriated hundreds of millions of dollars for projects that will support the energy industry before it adjourned in April, with a Republican…more

New Legislation, Oil & Gas, Production Tax Credit

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Kathy Dalton

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

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Rebecca Daniels

Community Infrastructure Levy: More Changes Proposed

The Government is consulting on further changes to the CIL (Community Infrastructure Levy) regime. CIL allows local authorities to raise funds from developers undertaking new building projects in their area. The funds are put…more

Infrastructure, Levy, Proposed Legislation, Public Projects

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Christine Danos

Keyword Advertising Law Blossoming in the UK: Interflora v Marks & Spencer [2013] EWHC 1291

Interflora Wins AdWords Battle - In another win for trade mark owners in the battle against the unauthorised use of their marks in keyword advertising, the UK High Court of Justice recently held that Marks & Spencer (M&S)…more

Advertising, AdWords, EU, Interflora v Marks and Spencer, Keyword Advertising

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Perrin Dargan, III

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress…more

Bona Fide Purchaser, Brownfield Properties, CERCLA, Environmental Liability, PRP

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Marco De Nadai

The Italian Anti–Corruption Reform - Recent News

After a lengthy approval process, on October 31, 2012, the Italian Chamber of Deputies passed a long awaited anti-corruption bill (“Anti-Corruption Law”), aimed at improving transparency in the country’s public sector. The…more

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Murray Deakin

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

See All Updates »

Alice DeBoos

Fair Work Amendment Bill 2013 Enters Parliament

As discussed in our previous Legal Insight on 18 February 2013, the Commonwealth Government has followed through on its promise to move quickly in amending the Fair Work Act 2009 (Cth) (FW Act) with the Fair Work Amendment Bill…more

EU, Fair Work Act, Fair Work Amendment, Fair Work Commission, Flex-Time Policies

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Kurt J. Decko

SEC Lifts Moratorium on Actively Managed ETFs’ Use of Derivatives; Moratorium Continues for Leveraged ETFs

As announced by Norm Champ, the Director of the Division of Investment Management of the Securities and Exchange Commission (“SEC”), in a speech on December 6, 2012, and followed by a no-action letter of the same date, the SEC…more

Derivatives, ETFs, SEC

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Louis Degos

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

See All Updates »

Daniel Delaney

Commonwealth Court Clarifies Pennsylvania Utilities' Authority to Condemn Property for Operating and Maintaining Exiting Electric Distribution Facilities

Pennsylvania’s Commonwealth Court recently clarified the power of public utilities to condemn property for operation and maintenance of existing facilities, holding that before exercising eminent domain to operate and maintain…more

Electricity, Eminent Domain, Private Property, Public Utilities Commission, Utilities Sector

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Raminta Dereskeviciute

Some clarification regarding challenges to REACH candidate listing

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of a…more

Contamination, ECHA, EU, Hazardous Substances, Proportionality

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Joanna A. Diakos

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

See All Updates »

Philip Diviny

It’s Like Déjà Vu – All Over Again – NSW Defers the Abolition of Stamp Duty

Abolition of NSW duties deferred again - The NSW Government has indicated that the abolition of Inter-Governmental Agreement taxes, including duties on: - marketable securities (shares and units) - non-land…more

Duties, Mortgages, Proposed Legislation, Securities, Stamp Duty Land Tax

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Paul F. Donahue

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

See All Updates »

Thomas Donovan

FTC Further Defines Clinical Integration

In their Statements of Antitrust Enforcement Policy in Health Care, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice declared that joint negotiation of fees for services by competing…more

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Sean Donovan-Smith

Preparing for AIFMD: Some Practical Tips, Part 1

In This issue: - A general round-up of key provisions in the AIFMD level 2 implementing regulations - Scope of the AIFMD - Timetable and transitional relief - Cross-border marketing - Delegation and…more

AIFM, AIFMD, Cross-Border Transactions, Disclosure Requirements, ESMA

See All Updates »

Matthew Duncan

The Politics of Property: Delivery of affordable homes in the United Kingdom. A new model.

Background to affordable housing needs - England and Wales has a population of 56.2m. It is divided into 348 municipal authorities. 33 of these are in London and serve an estimated population of 8.2m. Figures regarding…more

P3s

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Bertrand Dussert

France Shows its Support for Innovation by Improving its Research Tax Credit (RTC) System in the Draft Finance Act for 2013

Large industrial, commercial and agricultural companies which are subject to company tax (or income tax on industrial and commercial profits) have been enthusiastic about the RTC system since its adoption. It is now proposed…more

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Vanessa Edwards

Company names can be made public where food is unfit for human consumption but not injurious to health, EU Court rules

The Court of Justice of the EU ("CJEU") has recently ruled that EU law allows national authorities to provide the public with information identifying a food business operator ("FBO") whose food is unfit for human consumption…more

CJEU, EU, Food Safety, Health Safety

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Lisa Egan

Keyword Advertising Law Blossoming in the UK: Interflora v Marks & Spencer [2013] EWHC 1291

Interflora Wins AdWords Battle - In another win for trade mark owners in the battle against the unauthorised use of their marks in keyword advertising, the UK High Court of Justice recently held that Marks & Spencer (M&S)…more

Advertising, AdWords, EU, Interflora v Marks and Spencer, Keyword Advertising

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David Ehrenwerth

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

The Federal Government is one of the largest real estate players in the United States, owning or leasing a huge portfolio of office buildings and other real estate assets across the country. The Public Building Service (“PBS”),…more

Budget Cuts, Federal Budget, Public Projects, Public-Private Partnerships, Real Estate Investments

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Terry Eleftheriou

Company names can be made public where food is unfit for human consumption but not injurious to health, EU Court rules

The Court of Justice of the EU ("CJEU") has recently ruled that EU law allows national authorities to provide the public with information identifying a food business operator ("FBO") whose food is unfit for human consumption…more

CJEU, EU, Food Safety, Health Safety

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Nicola Ellis

In Site Winter 2012/2013

Welcome to the Winter 2012/2013 edition of In Site. This edition covers the following topics: - Game changer? Building Information Modelling. In this article we look at some of the points made in the Government’s…more

Appraisal, Architects, Building Information Modeling, Negligence, Performance Bonds

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Jason A. Engel

Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other…more

America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patents

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Brian Evans

Changes to North Carolina's Mechanics' Lien Statue

There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on almost…more

Building Permits, Mechanics Lien

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Michael W. Evans

Is the Menu Now Set? Joint Committee on Taxation Releases Report on Ways and Means Working Group Process

On Monday, May 6, the Joint Committee on Taxation (“JCT”) published a report on the work of the 11 House Ways and Means Committee Working Groups on tax reform. This alert provides background on the report and possible next steps…more

Tax Reform

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James E. Fajkowski

Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other…more

America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patents

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Valentina Farle

New Legislation on RETT Blocker Structures

For some time now legislative bodies have been discussing the implementation of rules according to which the acquisition of “economic” (wirtschaftliche) participating interests of more than 95 % on a consolidated basis in a…more

Blocker Corporations, New Legislation, REIT, Transfer Taxes

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Jonathan Feder

Keyword Advertising Law Blossoming in the UK: Interflora v Marks & Spencer [2013] EWHC 1291

Interflora Wins AdWords Battle - In another win for trade mark owners in the battle against the unauthorised use of their marks in keyword advertising, the UK High Court of Justice recently held that Marks & Spencer (M&S)…more

Advertising, AdWords, EU, Interflora v Marks and Spencer, Keyword Advertising

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Mark Feetham

A Collaborative Approach to TCP Code Enforcement: Will it be Enough?

Overview - The Australian Communications and Media Authority (ACMA) and Communications Compliance (CommCom) entered into a five year Memorandum of Understanding (MOU) last week. CommCom is the telecommunications industry…more

ACMA, CommCom, Memorandum of Understanding, TCP Code Enforcement

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Ian Fisher

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Courtney Fleming

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights Commission…more

Affirmative Defenses, Age Discrimination, Anti-Discrimination Policies, Burden of Proof, Compliance

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Duncan Fletcher

Steady As She Goes – Coalition Tweaks Fair Work Laws Creating a Glimmer of Hope for Employers

The Policy - Yesterday, the Coalition released its workplace relations policy, The Coalition's Policy to Improve the Fair Work Laws (Policy), which promises that no Australian worker will be worse off and businesses will…more

Fair Work Act

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Brian Forbes

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the Supreme…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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Lee Forsyth

In Site Winter 2012/2013

Welcome to the Winter 2012/2013 edition of In Site. This edition covers the following topics: - Game changer? Building Information Modelling. In this article we look at some of the points made in the Government’s…more

Appraisal, Architects, Building Information Modeling, Negligence, Performance Bonds

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David Franchina

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress…more

Bona Fide Purchaser, Brownfield Properties, CERCLA, Environmental Liability, PRP

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Marise Fraser

It’s Like Déjà Vu – All Over Again – NSW Defers the Abolition of Stamp Duty

Abolition of NSW duties deferred again - The NSW Government has indicated that the abolition of Inter-Governmental Agreement taxes, including duties on: - marketable securities (shares and units) - non-land…more

Duties, Mortgages, Proposed Legislation, Securities, Stamp Duty Land Tax

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Bart J. Freedman

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and Private Entities

On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found those…more

Critical Habitat, Environmental Policies, Fishing Industry, Government Entities, Salmon

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Eric E. Freedman

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in order…more

Auction, California Air Resources Board, Canada, Cap-and-Trade, Emissions Trading System

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Stuart Fross

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Stacy L. Fuller

SEC Lifts Moratorium on Actively Managed ETFs’ Use of Derivatives; Moratorium Continues for Leveraged ETFs

As announced by Norm Champ, the Director of the Division of Investment Management of the Securities and Exchange Commission (“SEC”), in a speech on December 6, 2012, and followed by a no-action letter of the same date, the SEC…more

Derivatives, ETFs, SEC

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Elise M. Gabriel

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Andrew Gaffney

ASX Issues "Code of Best Practice" for Reporting by Life Science Companies

The Australian Securities Exchange (ASX), after extensive industry consultation has just issued a revised "Code of Best Practice" for Reporting by Life Science Companies (Code). While adoption of the new Code is not…more

ASX Listing Rules, Life Sciences, Reporting Requirements

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Jennifer Garn

Nuclear Liability

The UAE introduces new legislation that determines the scope of civil liability and compensation for nuclear damage and aligns UAE law with the Vienna Convention on Civil Liability for Nuclear Damage as amended by the 1997…more

Nuclear Power

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Amy Garrigues

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of…more

Attorney-Client Privilege, Crime-Fraud Exception, Email, False Claims Act, In-House Counsel

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Volker Gattringer

German Supreme Court renders ipso facto clauses invalid and unenforceable – Roma locuta, causa finita?

An ipso facto clause is a contractual provision which states that a contract or agreement automatically terminates or may be terminated by a party if bankruptcy proceedings have been instituted over the other party’s assets. For…more

Debtors, EU, Insolvency, Ipso Facto Clauses

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Alex Gibson

The Panel takes AIM

On 15 May 2013, the Code Committee of the Takeover Panel published its response statement in connection with its public consultation paper from 5 July 2012 relating to "Companies subject to the Takeover Code" (PCP 2012/3). The…more

EU, Residency Requirements, Takeover Code

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Andrés Gil

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Frederic Giordano

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of…more

Additional Insured, Contractors, Insurers, Subcontractors, Vicarious Liability

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Andrew C. Glass

HUD Final Rule on Disparate Impact under the Fair Housing Act

On February 8, 2013, the Department of Housing and Urban Development (“HUD” or the “Department”) finalized its controversial discriminatory effects rule (the “final rule” or “discriminatory effects rule”), thus formalizing the…more

Discrimination, Disparate Impact, Dodd-Frank, FHA, Final Rules

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Christina N. Goodrich

Social Media and Beyond: California Ushers in New Employment Laws for 2013

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees; new…more

Appearance Policy, Breastfeeding, Discrimination, Passwords, Personnel Records

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Michael R. Gordon

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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Ruth Granfors

Prospective and Retrospective Implications of the Jimmo Settlement Agreement for Skilled Care Providers

On January 24, 2013, the U.S District Court for the District of Vermont approved a Settlement Agreement in the so-called Medicare Improvement Standard case, Jimmo v. Sebelius. In addition to its impact on Medicare reimbursement,…more

CMS, HHS, Jimmo, Medicare, Settlement

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Akilah Green

Post-Election Changes and Their Impact on the Financial Services Industry: The Seven Deadly Sins

During his first term, President Obama began an ambitious path of reforming the U.S. financial system with the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). Over two years…more

Barack Obama, CFTC, Dodd-Frank, FATCA, Financial Transaction Tax

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James O. Green

Mind the Gap - LSE announces plans for new High Growth Segment

Following the announcement last September that the government was encouraging the London Stock Exchange ("LSE") to relax its rules for tech companies, the LSE last week formally announced its plans for a new High Growth Segment…more

EEA, Emerging Technology Companies, High Growth Segment, Investment Adviser, London Stock Exchange

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Neil Logan Green

The Politics of Property: Delivery of affordable homes in the United Kingdom. A new model.

Background to affordable housing needs - England and Wales has a population of 56.2m. It is divided into 348 municipal authorities. 33 of these are in London and serve an estimated population of 8.2m. Figures regarding…more

P3s

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Kevin Greene

In Site Spring 2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the new…more

Cost-Containment, Covenant of Good Faith and Fair Dealing, Foreseeability, Late Payments, Legal Costs

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Fred Greguras

M&A in the United States: What Chinese Cleantech Companies Need to Know about

China’s investments in the U.S. have increased rapidly and will continue to grow in order to acquire advanced technology, real estate, market channels and other assets. With solar module oversupply continuing through 2013 and…more

CFIUS, China, Clean Tech, Exon-Florio, National Security

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Inga Hall

In Site Spring 2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the new…more

Cost-Containment, Covenant of Good Faith and Fair Dealing, Foreseeability, Late Payments, Legal Costs

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Paul Hancock

HUD Final Rule on Disparate Impact under the Fair Housing Act

On February 8, 2013, the Department of Housing and Urban Development (“HUD” or the “Department”) finalized its controversial discriminatory effects rule (the “final rule” or “discriminatory effects rule”), thus formalizing the…more

Discrimination, Disparate Impact, Dodd-Frank, FHA, Final Rules

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Kristy Harlan

SEC Addresses Use of Social Media for Public Company Disclosures

On April 2, 2013, the Securities and Exchange Commission issued a Report of Investigation that directly addresses the application of Regulation FD to disclosures made through social media channels such as Facebook and Twitter…more

Netflix, Public Communications, Public Disclosure, Publicly-Traded Companies, Regulation FD

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Michael Hart

Employers Need to Plan Now for the Next Phase of Health Care Reform

Although most employers have implemented the initial phases of Health Care Reform as they became effective over the past couple years, many of them have taken a “wait-and-see” approach to the next phase of Health Care Reform…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Health Insurance Exchanges, Healthcare

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Jane Harte-Lovelace

Losses Caused by Oklahoma Tornadoes: Insurance Coverage Considerations

Perennial hurricanes and typhoons, isolated but powerful tornados, earth-quakes, and floods — the question is not whether, but where and when policy-holders will confront the next natural disaster. In all of these circumstances,…more

Advances, Business Interruption, Insurers, Loss Coverage, Natural Disasters

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Gregory J. Hartker

The San Francisco Proposition E Gross Receipts Tax Ordinance: A Mixed Bag for Investment Fund Managers

On November 6, 2012, San Francisco residents approved Proposition E (the “Gross Receipts Tax Ordinance”) instituting a new gross receipts tax to replace the City’s 1.5% payroll tax. The new gross receipts tax is phased in over a…more

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Barry Hartman

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce…more

Bird Fatalities, Department of Fish and Wildlife, Renewable Energy, Wind Power

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Leanne E. Hartmann

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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Jason Haycock

Comcast v. Behrend: New Opportunities for Class Action Defendants?

The Supreme Court’s recent opinion in Comcast Corp. v. Behrend all but invites defendants to make a number of arguments when attempting to defeat class certification. The Behrend case is therefore the latest move by the U.S…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Rule 23

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Bonny Hedderly

Overriding Interest - Spring 2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors…more

Capital Gains, Commercial Leases, Commercial Real Estate Market, Damages, Data Collection

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Bruce J. Heiman

Tax Reform – The Next Installment: Reforming the Taxation of Financial Instruments

After the fiscal cliff deal failed to include a framework for comprehensive tax reform, many in Washington predicted that the momentum for tax reform would wither away. Although Congress has many important issues on its agenda…more

American Taxpayer Relief Act, Bonds, Derivatives, Discussion Draft, FIFO

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Sara Aparicio Hill

Blanket Ban on Animal Testing on Cosmetics Enters into Force

The European Union (EU), through a Commission Communication adopted yesterday, has decided to implement a total marketing ban on cosmetic products and ingredients tested on animals as from March 11, 2013. This ban will be…more

Animal Testing, Cosmetics, EU, Marketing

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Katie Hillier

Real Estate Finance Deals: Jersey Law Update

Jersey LLPs: a new dawn as investment and property holding vehicles A recent amendment to the Limited Liability Partnership (Jersey) Law 1997 (the "Law") could see Jersey Limited Liability Partnerships (Jersey LLPs) gain…more

Creditor Protections, EU, Insolvency, LLPs, Real Estate Holding Companies

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Michael H. Hinckle

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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Susan Hollander

Trademark Office Denies Louboutin’s Request to Broaden Trade Dress in Red Sole Shoes

The red hot dispute continues between Christian Louboutin and Yves Saint Laurent (“YSL”) over Louboutin’s red sole shoe trademark. On January 16, 2013, the U.S. Patent and Trademark Office rejected Louboutin’s request to broaden…more

Christian Louboutin, Infringement, Red Sole Shoes, Trade Dress, Trademarks

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Olivia Lê Horovitz

Continuation of contracts under an insolvency proceeding governed by French law: Better be short!

When a company is in good standing and healthy, the question of the renewal of a contract or its duration arises only in a competitive environment. In case of an insolvency proceeding, the situation is more complex, notably for…more

Contract Continuation, Contract Term, EU, Insolvency

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Amjad Hussain

Increasing profits help Qatar prepare for large-scale projects

This report was first published in "Islamic Finance news Volume 10 Issue 19" dated 15.05.13 - Many banks in Qatar are now enjoying strong government support and steady loan growth in their home market. This comfort is…more

Banks, Economic Development, Investors, Profits

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Rohan Ingleton

What is a "Material Change" Affecting Off The Plan Sales?

The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind off…more

Canada, Contract Drafting, Land Developers, Materiality, Sales Contracts

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Sam Jackson

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

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Jonathan Jaffe

Was Chicken Little an Optimist?

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to consider…more

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Amr Jaghoub

UAE Launches New Financial Free Zone in Abu Dhabi

The federal government of the United Arab Emirates (“UAE”) has issued legislation establishing a new financial free zone in Abu Dhabi. The name of the new free zone, “Global Marketplace Abu Dhabi” (“GMAD”), serves as a statement…more

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Shalini Jayaweera

China Trade Marks – Inclusion of Retail and Wholesale services relating to medicines and pharmaceuticals

The China Trade Marks Office (CTMO) recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary…more

Brand, China, Medical Supplies, Pharmaceutical, Retail Market

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Carolyn A. Jayne

NFA Issues Guidance on Reaffirmation of CPO/CTA Exemptions

Introduction - Earlier this year, the Commodity Futures Trading Commission (“CFTC”) promulgated amendments to its regulations governing commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) that now…more

CFTC, Commodity Pool, CPO, CTA, Dodd-Frank

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Siobhan Kahmann

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to…more

China, Commodities, EU, MOFCOM, Transparency

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Steven Kaplan

Careful What You Wish For - United States Supreme Court Rules That Prevailing Defendants in FDCPA Cases May Recover Costs Without Having to Show That Case Was Brought in Bad Faith

Will the United States Supreme Court’s decision in Marx v. General Revenue Corp. be the death knell of frivolous and nuisance lawsuits alleging violations of the Fair Debt Collection Practices Act (“FDCPA”)? Only time will tell,…more

Bad Faith, FDCPA, Legal Costs, Marx v General Revenue Corp, SCOTUS

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Warren Kean

Exclusion from Tax for Stock Issued by Qualified Small Business Corporations

On November 3, 2010 and January 18, 2011, we issued client alerts discussing the opportunities provided by the Section 1202 exclusion from tax on gain realized on the sale of certain stock issued by a “qualified small business…more

American Taxpayer Relief Act, Capital Gains, Gain Exclusion, Qualified Small Business Stock, Small Business

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Sean Kelsey

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Mariah Kennedy

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in order…more

Auction, California Air Resources Board, Canada, Cap-and-Trade, Emissions Trading System

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Gwendolyn Kern

How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property within…more

Property Tax, Purely Public Charity Act, Tax Exemptions

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J. Michael Keyes

FTC Rules that “Randomized Clinical Trial” Evidence is Necessary to Support Advertising Claims for Juice Beverage and Related Products

I. Introduction - If you represent food and beverage manufacturers who advertise their products, you will want to be familiar with In the Matter of POM Wonderful LLC, a recent decision by the Federal Trade Commission…more

Advertising, FTC, POM Wonderful

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Robert King

FWA Increases Award Rates by 2.6%

The Fair Work Commission's Minimum Wage Panel (Panel) handed down its 2013 wage decision yesterday, ruling that all award rates of pay will increase by 2.6%, effective from the first wage period after 1 July 2013. The national…more

Fair Work Commission, Minimum Wage, Negotiations, Wages

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Daniel Knight

Superannuation Funds - Enhanced Investment Management Governance

The Australian Government has been rolling out a series of significant regulatory reforms of the superannuation industry, many of which will commence in 2013. These reforms are fundamentally designed to enhance the prudential…more

Disclosure Requirements, Fees, Financial Management Outsourcing, Investment Management, Offshore Funds

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Kenneth Knox

Hart-Scott-Rodino Thresholds to Increase

Beginning February 11, 2013, transactions valued at more than $70.9 million may require a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“the HSR Act”). This number…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Notice Requirements

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Gary Kocher

Exclusion from Tax for Stock Issued by Qualified Small Business Corporations

On November 3, 2010 and January 18, 2011, we issued client alerts discussing the opportunities provided by the Section 1202 exclusion from tax on gain realized on the sale of certain stock issued by a “qualified small business…more

American Taxpayer Relief Act, Capital Gains, Gain Exclusion, Qualified Small Business Stock, Small Business

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Angela Komisarz

Spring Cleaning: Texas legislature passes bill for dismissal of inactive asbestos and silica claims

The Texas legislature has taken a significant step toward clearing what some regard as very cluttered asbestos and silica dockets. The Texas legislature passed and sent to the governor House Bill 1325 (“HB 1325”) to provide a…more

Asbestos, Asbestos Litigation, Expert Witness, Physicians, Proposed Legislation

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Steven M. Kowal

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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Beth Kramer

SEC Issues Risk Alert on Custody Rule, Reinforcing Its Message to Registered Investment Advisers in Its Examination Priorities for 2013

On March 4, 2013, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert identifying “significant deficiencies” by registered investment advisers in compliance with Rule 206(4)-2 under the…more

Asset Valuations, Conflicts of Interest, Custody Rule, Investment Adviser, Marketing

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Yuki Shan Ku

Potential Linkage between Californian and Australian Greenhouse Gas Cap-and-Trade Regimes

Australia and the State of California are investigating opportunities for linking their carbon pricing and greenhouse gas (“GHG”) cap-and-trade programs. On January 15, 2013, officials from the Australian Parliament and the…more

Cap-and-Trade, CARB, Climate Change, Greenhouse Gas Emissions

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Kristie Kully

Was Chicken Little an Optimist?

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to consider…more

See All Updates »

Megan C. Lambert

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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François Lan

Continuation of contracts under an insolvency proceeding governed by French law: Better be short!

When a company is in good standing and healthy, the question of the renewal of a contract or its duration arises only in a competitive environment. In case of an insolvency proceeding, the situation is more complex, notably for…more

Contract Continuation, Contract Term, EU, Insolvency

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Murray Landis

It’s Like Déjà Vu – All Over Again – NSW Defers the Abolition of Stamp Duty

Abolition of NSW duties deferred again - The NSW Government has indicated that the abolition of Inter-Governmental Agreement taxes, including duties on: - marketable securities (shares and units) - non-land…more

Duties, Mortgages, Proposed Legislation, Securities, Stamp Duty Land Tax

See All Updates »

Jonathan Lawrence

Real Estate Finance Deals: Jersey Law Update

Jersey LLPs: a new dawn as investment and property holding vehicles A recent amendment to the Limited Liability Partnership (Jersey) Law 1997 (the "Law") could see Jersey Limited Liability Partnerships (Jersey LLPs) gain…more

Creditor Protections, EU, Insolvency, LLPs, Real Estate Holding Companies

See All Updates »

Justin Lethlean

What is a "Material Change" Affecting Off The Plan Sales?

The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind off…more

Canada, Contract Drafting, Land Developers, Materiality, Sales Contracts

See All Updates »

Adam Levine

Continuous Disclosure – What to Say and When?

Key Points - Continuous disclosure is one of the key elements of ensuring market integrity. With the recent amendments to the Listing Rules and the introduction by the Australian Securities Exchange (ASX) of a new…more

ASX Listing Rules, Disclosure Requirements, Reasonable Person Test, Social Media

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Soren Lindstrom

Anti-Corruption: Effective Compliance Begins with the Assessment of Risks

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a company-wide “risk assessment.” For example, U.S. authorities have stressed with regard to the…more

Anti-Corruption, Compliance, FCPA, Risk Assessment, UK Bribery Act

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John Longstreth

D.C. Circuit Appeals Court Rules NLRB Recess Appointments Invalid

The Decision - In Noel Canning, a Division of Noel Corporation v. National Labor Relations Board, No. 12-1115 (U.S. Court of Appeals for the District of Columbia, January 25, 2013), a three judge panel unanimously concluded…more

Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments

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Matthew Lowe

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the Supreme…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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James Lowery

Spring Cleaning: Texas legislature passes bill for dismissal of inactive asbestos and silica claims

The Texas legislature has taken a significant step toward clearing what some regard as very cluttered asbestos and silica dockets. The Texas legislature passed and sent to the governor House Bill 1325 (“HB 1325”) to provide a…more

Asbestos, Asbestos Litigation, Expert Witness, Physicians, Proposed Legislation

See All Updates »

James Lynch

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce…more

Bird Fatalities, Department of Fish and Wildlife, Renewable Energy, Wind Power

See All Updates »

Simon Mabin

UAE Launches New Financial Free Zone in Abu Dhabi

The federal government of the United Arab Emirates (“UAE”) has issued legislation establishing a new financial free zone in Abu Dhabi. The name of the new free zone, “Global Marketplace Abu Dhabi” (“GMAD”), serves as a statement…more

See All Updates »

Tad Macfarlan

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth Circuit

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean…more

Air Pollution, Clean Air Act, EPA, Functional Interdependence, Oil & Gas

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Ewelina Madej

Trademarks and Unfair Competition - Quarterly Bulletin no. 1/2013 (10)

In This Issue: Here is yet another bulletin on trade mark and unfair competition law. This edition includes coverage of plans of the European Commission to change the trade mark protection system. The draft…more

Competition, EU, Fees, OHIM, Registration

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Christian Major

The Politics of Property: Delivery of affordable homes in the United Kingdom. A new model.

Background to affordable housing needs - England and Wales has a population of 56.2m. It is divided into 348 municipal authorities. 33 of these are in London and serve an estimated population of 8.2m. Figures regarding…more

P3s

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Paulo Marnoto

SEC Issues Risk Alert on Custody Rule, Reinforcing Its Message to Registered Investment Advisers in Its Examination Priorities for 2013

On March 4, 2013, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert identifying “significant deficiencies” by registered investment advisers in compliance with Rule 206(4)-2 under the…more

Asset Valuations, Conflicts of Interest, Custody Rule, Investment Adviser, Marketing

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Marcel Marquardt

A New Planning System for NSW: How Proposed Changes to Planning Laws Will Impact the Building and Construction Industry

The White Paper: A New Planning System for NSW - The white paper (Paper) was released on Tuesday 16 April 2013 and included details on how the NSW new planning system would be implemented, while also responding to the…more

Building Standards, Land Developers, Proposed Legislation, Real Estate Development

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Jennifer Marsh

Proposed Amendments to the EU Competition Assessment of Technology Transfers

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April…more

Competition, Competition Assessment, EU, European Commission, Licenses

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Eli R. Mattioli

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Benjamin Mayer

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and Private Entities

On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found those…more

Critical Habitat, Environmental Policies, Fishing Industry, Government Entities, Salmon

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Laura McAloon

You Don’t Have to Pay for a Post Issuance Compliance Policy…But Have You Adopted One Yet?

A number of municipal entities have been receiving a solicitation to purchase a post-issuance debt policy and procedure manual. The advertisement suggests that having such a policy is required by the Internal Revenue Service…more

Compliance, IRS, Municipal Bonds, Municipalities, Tax Exemptions

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Brian McCalmon

Hart-Scott-Rodino Thresholds to Increase

Beginning February 11, 2013, transactions valued at more than $70.9 million may require a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“the HSR Act”). This number…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Notice Requirements

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David McGonigle

Losses Caused by Oklahoma Tornadoes: Insurance Coverage Considerations

Perennial hurricanes and typhoons, isolated but powerful tornados, earth-quakes, and floods — the question is not whether, but where and when policy-holders will confront the next natural disaster. In all of these circumstances,…more

Advances, Business Interruption, Insurers, Loss Coverage, Natural Disasters

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Scott McJannet

You Don’t Have to Pay for a Post Issuance Compliance Policy…But Have You Adopted One Yet?

A number of municipal entities have been receiving a solicitation to purchase a post-issuance debt policy and procedure manual. The advertisement suggests that having such a policy is required by the Internal Revenue Service…more

Compliance, IRS, Municipal Bonds, Municipalities, Tax Exemptions

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Mark McKinley

What is a "Material Change" Affecting Off The Plan Sales?

The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind off…more

Canada, Contract Drafting, Land Developers, Materiality, Sales Contracts

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Stephen Meade

New Penalties for Match-Fixers, Unruly Fans and Scalpers at Victorian Sporting Events

The Victorian Government recently amended the Crimes Act 1958 (Vic) so that people will now face up to 10 years imprisonment for engaging in conduct which leads, or could lead, to corruption of the betting outcome of a sporting…more

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Cary J. Meer

CFTC Classifies Certain Securitization Vehicles as Not Being Commodity Pools

Recent changes to the commodity pool regulations under the Commodity Exchange Act (the “CEA”) may subject certain securitization transactions and their managers to regulation by the Commodity Futures Trading Commission (the…more

CEA, CFTC, Commodity Pool, Securitization Vehicles

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Scott Megregian

Some clarification regarding challenges to REACH candidate listing

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of a…more

Contamination, ECHA, EU, Hazardous Substances, Proportionality

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Marc Mehrespand

CFTC Classifies Certain Securitization Vehicles as Not Being Commodity Pools

Recent changes to the commodity pool regulations under the Commodity Exchange Act (the “CEA”) may subject certain securitization transactions and their managers to regulation by the Commodity Futures Trading Commission (the…more

CEA, CFTC, Commodity Pool, Securitization Vehicles

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Sebastián Romero Melchor

Company names can be made public where food is unfit for human consumption but not injurious to health, EU Court rules

The Court of Justice of the EU ("CJEU") has recently ruled that EU law allows national authorities to provide the public with information identifying a food business operator ("FBO") whose food is unfit for human consumption…more

CJEU, EU, Food Safety, Health Safety

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Fiona Melville

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in order…more

Auction, California Air Resources Board, Canada, Cap-and-Trade, Emissions Trading System

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Dirk Michels

Potential Linkage between Californian and Australian Greenhouse Gas Cap-and-Trade Regimes

Australia and the State of California are investigating opportunities for linking their carbon pricing and greenhouse gas (“GHG”) cap-and-trade programs. On January 15, 2013, officials from the Australian Parliament and the…more

Cap-and-Trade, CARB, Climate Change, Greenhouse Gas Emissions

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Skye Miller

New Penalties for Match-Fixers, Unruly Fans and Scalpers at Victorian Sporting Events

The Victorian Government recently amended the Crimes Act 1958 (Vic) so that people will now face up to 10 years imprisonment for engaging in conduct which leads, or could lead, to corruption of the betting outcome of a sporting…more

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Rumei Mistry

Complying with the SEC’s Conflict Minerals Rules

Introduction - On August 22, 2012, the U.S. Securities and Exchange Commission (the “SEC”) adopted new rules (the “Final Rules”) pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Conflict Mineral Rules, Dodd-Frank, Due Diligence, Human Rights, SEC

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Eric Mitzenmacher

Was Chicken Little an Optimist?

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to consider…more

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Alyssa A. Moir

Department of Interior Streamlines Lease Approval Process for Developing Renewable Energy Projects on Tribal Lands

The efficiency and transparency of developing wind and solar energy projects on tribal lands have improved considerably as a result of the recent issuance by the Department of Interior (DOI) of its final rule governing leases on…more

Bureau of Indian Affairs, Department of the Interior, Renewable Energy, Solar Energy, Tribal Lands

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Stephen Moller

ISDA 2013 EMIR NFC Representation Protocol: Factors to consider in deciding whether to adhere

On 8 March 2013, The International Swaps and Derivatives Association, Inc (“ISDA”) published the ISDA 2013 EMIR NFC Representation Protocol (the “Protocol”). Adherence to the Protocol provides parties to ISDA Master Agreements…more

Asset Management, Derivatives, EMIR, EU, Investment Adviser

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Michaela Moloney

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

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Omar Momany

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Stephanie Moot

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla. Mar…more

Breach of Contract, Condominiums, Damages, Economic Loss Doctrine, Fiduciary Duty

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Philip Morgan

Preparing for AIFMD: Some Practical Tips, Part 1

In This issue: - A general round-up of key provisions in the AIFMD level 2 implementing regulations - Scope of the AIFMD - Timetable and transitional relief - Cross-border marketing - Delegation and…more

AIFM, AIFMD, Cross-Border Transactions, Disclosure Requirements, ESMA

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Matt T. Morley

Anti-Corruption: Effective Compliance Begins with the Assessment of Risks

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a company-wide “risk assessment.” For example, U.S. authorities have stressed with regard to the…more

Anti-Corruption, Compliance, FCPA, Risk Assessment, UK Bribery Act

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Katie Morton

The Affordable Care Act's Marketplace Notice: What Employers Need to Know

On May 8, 2013, the Department of Labor (“DOL”) issued long-awaited guidance on the notice that must be provided to employees by October 1, 2013, the first day of the Health Insurance Marketplace open enrollment period (the…more

Affordable Care Act, FLSA, Health Insurance Exchanges, Healthcare, Notice Requirements

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David Murdoch

The Limited Liability Company and Bankruptcy Code

This K&L Gates Legal Insight highlights certain potential bankruptcy and insolvency issues that clients and legal practitioners should take into account when forming a limited liability company (“LLC”) under state law. These…more

Assignments, Executory Contracts, Insolvency, Ipso Facto Clauses, LLC

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Jan Murray

ACCC Publishes Guidelines on Its Use of Infringement Notices

The Australian Competition and Consumer Commission (ACCC) have published much needed guidance on its use of infringement notices issued under the Competition and Consumer Act 2010 (Cth) (CCA). This guidance is timely…more

ACCC, Infringement Notices, Penalties

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William N. Myhre

Jones Act Compliance for Publicly Traded Companies

Following a much publicized investigation of Trico Marine Services, Inc., a publicly traded Jones Act-company, and its compliance with the 75% U.S. citizen ownership and control requirements for coastwise operations, which then…more

Compliance, Jones Act

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Christopher Nestor

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are…more

Due Process, EPA, Greenhouse Gas Emissions, Litigation Strategies, Natural Gas

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Sylvia Ng

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

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Chris Nikou

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

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Anthony R.G. Nolan

Securitisation as a means to finance distributed solar projects

Permission to use this reprint has been granted by the publisher Financier Worldwide. The future of solar energy in the US appears uncertain. With investment tax credits set to expire in 2016 the solar industry may lose the…more

Funding, Renewable Energy, Securitization, Solar Energy

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Michael O'Neil

M&A in the United States: What Chinese Cleantech Companies Need to Know about

China’s investments in the U.S. have increased rapidly and will continue to grow in order to acquire advanced technology, real estate, market channels and other assets. With solar module oversupply continuing through 2013 and…more

CFIUS, China, Clean Tech, Exon-Florio, National Security

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Jamie Olsen

In Site Spring 2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the new…more

Cost-Containment, Covenant of Good Faith and Fair Dealing, Foreseeability, Late Payments, Legal Costs

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Suzan Onel

Getting Over the Goal Line: Congress Shows Strong Support for Medical Device Tax Repeal, but Issues Remain

Introduction - The Patient Protection and Affordable Care Act (“ACA”) generates very few areas of agreement. However, in recent months, proposals to repeal one of the most visible and controversial provisions of the…more

Affordable Care Act, Manufacturers, Medical Device Tax, Medical Devices

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David Osipovich

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of…more

Additional Insured, Contractors, Insurers, Subcontractors, Vicarious Liability

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David Overstreet

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are…more

Due Process, EPA, Greenhouse Gas Emissions, Litigation Strategies, Natural Gas

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Karishma Shah Page

Is the Menu Now Set? Joint Committee on Taxation Releases Report on Ways and Means Working Group Process

On Monday, May 6, the Joint Committee on Taxation (“JCT”) published a report on the work of the 11 House Ways and Means Committee Working Groups on tax reform. This alert provides background on the report and possible next steps…more

Tax Reform

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Clair Pagnano

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Gabrielle Palmieri

Superannuation Funds - Enhanced Investment Management Governance

The Australian Government has been rolling out a series of significant regulatory reforms of the superannuation industry, many of which will commence in 2013. These reforms are fundamentally designed to enhance the prudential…more

Disclosure Requirements, Fees, Financial Management Outsourcing, Investment Management, Offshore Funds

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Matthew Parker

NSW State Government Introduces New Legislation for Public Sector Employment

Australia's largest employer is the State Government of New South Wales and its agencies. It represents AUD60 billion of the economy in New South Wales. Any reform in the public sector is, therefore, important to us all. On…more

Jumpstart GSE Reform Act

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Lawrence B. Patent

CFTC Classifies Certain Securitization Vehicles as Not Being Commodity Pools

Recent changes to the commodity pool regulations under the Commodity Exchange Act (the “CEA”) may subject certain securitization transactions and their managers to regulation by the Commodity Futures Trading Commission (the…more

CEA, CFTC, Commodity Pool, Securitization Vehicles

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Michael Pavlick

To Pay or Not To Pay: Payment of Wages under Federal Wage and Hour Law

“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -…more

DOL, FLSA, Independent Contractors, Misclassification, Recordkeeping Requirements

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Amanda Pennington

OFCCP Enforcement Powers Expanded Over Healthcare Industry

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs…more

Compliance, Enforcement, Healthcare, HMOs, Hospitals

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Mark Perlow

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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Lauren Perry

Prospective and Retrospective Implications of the Jimmo Settlement Agreement for Skilled Care Providers

On January 24, 2013, the U.S District Court for the District of Vermont approved a Settlement Agreement in the so-called Medicare Improvement Standard case, Jimmo v. Sebelius. In addition to its impact on Medicare reimbursement,…more

CMS, HHS, Jimmo, Medicare, Settlement

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Gregory Pieris

Dot Anything: Generic Top-Level Domains Update

On January 12, 2012, ICANN, the authority responsible for management of the internet domain name system, launched the new, expanded, gTLD program, which we reported on here. As implementation moves forward, we want to keep you…more

Deloitte, Domain Names, gTLD, IBM, ICANN

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Carol Pratt, Ph.D.

Funding Said Top Medical Research Area In 2013; Common Rule, COI Also Make List

Originally published in Medical Research Law & Policy Report, 12 MRLR 4, 01/02/2013. Regardless of what happens with the fiscal cliff negotiations in Congress and the Obama administration, research funding will continue…more

Audits, DNA, Electronic Medical Records, Enforcement, FDA

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Rob Pulham

Mandatory Notification a Step Closer to Reality for Serious Privacy Breaches

On 2 May 2013, the Australian Government released, to a limited number of key stakeholders, a confidential Exposure Draft Bill for an Australian mandatory data breach notification scheme. This is the strongest indication yet…more

Data Breach, Data Protection, Notice Requirements, Personally Identifiable Information

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Charles Purcell

Exclusion from Tax for Stock Issued by Qualified Small Business Corporations

On November 3, 2010 and January 18, 2011, we issued client alerts discussing the opportunities provided by the Section 1202 exclusion from tax on gain realized on the sale of certain stock issued by a “qualified small business…more

American Taxpayer Relief Act, Capital Gains, Gain Exclusion, Qualified Small Business Stock, Small Business

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Rupeena Purewal

Overriding Interest - Spring 2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors…more

Capital Gains, Commercial Leases, Commercial Real Estate Market, Damages, Data Collection

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Jaime Ramon

OFCCP Enforcement Powers Expanded Over Healthcare Industry

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs…more

Compliance, Enforcement, Healthcare, HMOs, Hospitals

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Samuel Reaves

Changes to North Carolina's Mechanics' Lien Statue

There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on almost…more

Building Permits, Mechanics Lien

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William M. Reichert

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Ronald J. Reigstad

The San Francisco Proposition E Gross Receipts Tax Ordinance: A Mixed Bag for Investment Fund Managers

On November 6, 2012, San Francisco residents approved Proposition E (the “Gross Receipts Tax Ordinance”) instituting a new gross receipts tax to replace the City’s 1.5% payroll tax. The new gross receipts tax is phased in over a…more

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Thomas Reiter

Maximizing Legal Protections for Directors of Nonprofit Corporations: A Timely Topic in Today’s Dangerous World

Much like their counterparts on the boards of public companies, board members of many nonprofit corporations increasingly, and quite understandably, are raising questions concerning their potential personal liability and the…more

Board of Directors, Conflicts of Interest, Corporate Governance, D&O Insurance, Indemnification

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Michael D. Ricciuti

Enhanced Protections for Federal-Employee Whistleblowers: Sign of Things to Come?

Whistleblowers who work for the federal government recently received greater protection under federal law. These additional protections are significant and close prior gaps in the protections afforded by previous statutes and…more

Garcetti, Whistleblower Protection Policies, Whistleblowers, WPEA

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Rebecca Roberts

Addressing the Maintenance Backlog in Victorian Schools – is a PPP the Answer?

The results of the audit report into Victorian schools announced on 20 February 2013 revealed a AUD420 million maintenance backlog with over 5,000 school buildings identified as falling below the standards set by Department of…more

DEECD, Department of Education, EU, Infrastructure, Joint Venture

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Stephen Roberts

Comprehensive Immigration Reform Provides Opportunities for President, Republicans, High-Tech Companies, Labor Unions

With the current Congressional focus on discretionary spending and revenue issues surrounding Sequestration, it may seem like little attention can be paid to other policy reforms. In comprehensive immigration reform, however, a…more

Green Cards, Hiring & Firing, Immigration Reform, Proposed Legislation, STEM

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Stephanie Robinson

Insurance Coverage for CFPB Investigations and Enforcement Actions

Many companies and individuals that are facing investigations or subsequent enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) will be forced to incur substantial sums to defend such claims, to settle such…more

CFPB, D&O Insurance, E&O Insurance, Insurers, Investigations

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Bryan Rohm

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth Circuit

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean…more

Air Pollution, Clean Air Act, EPA, Functional Interdependence, Oil & Gas

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Jorge Romero

Jones Act Compliance for Publicly Traded Companies

Following a much publicized investigation of Trico Marine Services, Inc., a publicly traded Jones Act-company, and its compliance with the 75% U.S. citizen ownership and control requirements for coastwise operations, which then…more

Compliance, Jones Act

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Robert Rosenblum

The SEC Staff Permits Sponsors of Securities Trading Platforms to Receive Incentive Compensation

One of the goals of the JOBS Act was to encourage the development and use of platforms that permit accredited investors to invest in early stage and other private companies. The JOBS Act contains a provision that expressly…more

Accredited Investors, Broker-Dealer, Incentive Compensation, JOBS Act, SEC

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Cliff Rothenstein

EPA Tightens Air Regulations for Emissions During Shutdown, Startup and Malfunction

Introduction - Of particular concern to electric utilities and other major sources operating under Title V permits, on February 12, 2013, the U.S. Environmental Protection Agency (“EPA”) initiated steps under the Clean…more

Clean Air Act, EPA, Exemptions, SIP, SSM Periods

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Stefanos Roulakis

Is the Menu Now Set? Joint Committee on Taxation Releases Report on Ways and Means Working Group Process

On Monday, May 6, the Joint Committee on Taxation (“JCT”) published a report on the work of the 11 House Ways and Means Committee Working Groups on tax reform. This alert provides background on the report and possible next steps…more

Tax Reform

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Chris Round

Dot Anything: Generic Top-Level Domains Update

On January 12, 2012, ICANN, the authority responsible for management of the internet domain name system, launched the new, expanded, gTLD program, which we reported on here. As implementation moves forward, we want to keep you…more

Deloitte, Domain Names, gTLD, IBM, ICANN

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Mark A. Rush

Enhanced Protections for Federal-Employee Whistleblowers: Sign of Things to Come?

Whistleblowers who work for the federal government recently received greater protection under federal law. These additional protections are significant and close prior gaps in the protections afforded by previous statutes and…more

Garcetti, Whistleblower Protection Policies, Whistleblowers, WPEA

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Anna V. Ryabtseva

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

See All Updates »

Wojciech Sadowski, Ph.D.

International Investment Treaties as a Possible Shield Against Government Cutbacks in Subsidies for the Green Energy Sector

A number of governments around the world have recently curtailed their incentive schemes for green energy producers. These measures have often led to disruption of the basic economic assumptions of many ongoing or newly…more

Bilateral Investment Treaties, Free Trade Agreement, Green Energy, International Investments, NAFTA

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Sandra Safro

DOE Issues Second LNG Export License for Non-FTA Countries

On May 17, 2013, the U.S. Department of Energy (“DOE”) issued an order authorizing the Freeport LNG Terminal (“Freeport”) in Quintana Island, Texas to export liquefied natural gas (“LNG”) to nations with which the United States…more

DOE, Environmental Review, Exports, Free Trade Agreement, Licenses

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Yuki Sako

Japan’s New Feed-in Tariffs: Government’s Model Contract Available Now

I. Introduction of FIT in July 2012 - On July 1, 2012, the Act on Special Measures concerning Procurement of Renewable Energy Sourced Electricity by Electric Utilities (Act No. 108 of 2011) (the “RE Act”) came into effect…more

Electricity, Feed-in-Tariffs, Power Plants, Power Purchase Agreements, Renewable Energy

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Nadia Saleh

Real Estate Finance Deals: Jersey Law Update

Jersey LLPs: a new dawn as investment and property holding vehicles A recent amendment to the Limited Liability Partnership (Jersey) Law 1997 (the "Law") could see Jersey Limited Liability Partnerships (Jersey LLPs) gain…more

Creditor Protections, EU, Insolvency, LLPs, Real Estate Holding Companies

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Giampaolo Salsi

The Italian Anti–Corruption Reform - Recent News

After a lengthy approval process, on October 31, 2012, the Italian Chamber of Deputies passed a long awaited anti-corruption bill (“Anti-Corruption Law”), aimed at improving transparency in the country’s public sector. The…more

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Simon Salter

Reforming Australia's mineral and energy resource exploration sector

Removing unnecessary regulatory burdens - Recognising Australia's declining share of international energy and resources exploration investment, the Australian Government has commissioned its independent research and…more

Energy Exploration, Mineral Extraction, Natural Resources

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Brian F. Saulnier

What Do Federal Authorities Expect of Companies Subject to the FCPA?

In mid-November 2012, federal authorities released their much-anticipated ”FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act,” prepared jointly by the Justice Department’s Criminal Division and the Enforcement…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Robert Savage

Can Heads of Agreement That Are "Subject to Contract" Still Bind You?

Background - It is common practice for parties to property and business transactions (such as sales, purchases and leases) to sign a heads of agreement once an agreement has been reached in relation to the key commercial…more

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James Scheuermann

The 11th Circuit Finds Insurance Coverage for Internet Copyright Claims

In its recent decision in St. Luke’s Cataract & Laser Institute, P.A. v. Zurich American Insurance Co., 2013 WL 461347 (11th Cir. Feb. 7, 2013) (unpublished), the United States Court of Appeals for the Eleventh Circuit found…more

Advertising, Advertising Injury, Commercial General Liability Policies, Copyright, Infringement

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Rainer Schmitt

New Legislation on RETT Blocker Structures

For some time now legislative bodies have been discussing the implementation of rules according to which the acquisition of “economic” (wirtschaftliche) participating interests of more than 95 % on a consolidated basis in a…more

Blocker Corporations, New Legislation, REIT, Transfer Taxes

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Susan Mussman Schwartz

Maximizing Legal Protections for Directors of Nonprofit Corporations: A Timely Topic in Today’s Dangerous World

Much like their counterparts on the boards of public companies, board members of many nonprofit corporations increasingly, and quite understandably, are raising questions concerning their potential personal liability and the…more

Board of Directors, Conflicts of Interest, Corporate Governance, D&O Insurance, Indemnification

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William Semins

Russia Amends Anti-Corruption Law to Require Affirmative Anti-Corruption Compliance Measures

On January 1, 2013, Russia implemented an amendment to its anti-corruption laws that appears to go beyond the reach of both the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act (“UKBA”) to the extent it…more

Anti-Corruption, Compliance, FCPA, UK Bribery Act

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Ryan J. Severson

Getting Over the Goal Line: Congress Shows Strong Support for Medical Device Tax Repeal, but Issues Remain

Introduction - The Patient Protection and Affordable Care Act (“ACA”) generates very few areas of agreement. However, in recent months, proposals to repeal one of the most visible and controversial provisions of the…more

Affordable Care Act, Manufacturers, Medical Device Tax, Medical Devices

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Paul W. Shaw

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label promotion…more

FDA, FDCA, First Amendment, Marketing, Misbranding

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Patricia Shea

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in…more

Data Breach, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule

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Tori K. Shinohara

HUD Final Rule on Disparate Impact under the Fair Housing Act

On February 8, 2013, the Department of Housing and Urban Development (“HUD” or the “Department”) finalized its controversial discriminatory effects rule (the “final rule” or “discriminatory effects rule”), thus formalizing the…more

Discrimination, Disparate Impact, Dodd-Frank, FHA, Final Rules

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Yujing Shu

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to…more

China, Commodities, EU, MOFCOM, Transparency

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Thomas Sibert

The Panel takes AIM

On 15 May 2013, the Code Committee of the Takeover Panel published its response statement in connection with its public consultation paper from 5 July 2012 relating to "Companies subject to the Takeover Code" (PCP 2012/3). The…more

EU, Residency Requirements, Takeover Code

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Roger L. Smerage

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to review…more

Arbitration Agreements, Class Arbitration, Federal Arbitration Act

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Matthew E. Smith

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Amy Sommers

Anti-Corruption: Effective Compliance Begins with the Assessment of Risks

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a company-wide “risk assessment.” For example, U.S. authorities have stressed with regard to the…more

Anti-Corruption, Compliance, FCPA, Risk Assessment, UK Bribery Act

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Robert W. Sparkes, III

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to review…more

Arbitration Agreements, Class Arbitration, Federal Arbitration Act

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John Spinello

EPA Tightens Air Regulations for Emissions During Shutdown, Startup and Malfunction

Introduction - Of particular concern to electric utilities and other major sources operating under Title V permits, on February 12, 2013, the U.S. Environmental Protection Agency (“EPA”) initiated steps under the Clean…more

Clean Air Act, EPA, Exemptions, SIP, SSM Periods

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Luke Standen

A Collaborative Approach to TCP Code Enforcement: Will it be Enough?

Overview - The Australian Communications and Media Authority (ACMA) and Communications Compliance (CommCom) entered into a five year Memorandum of Understanding (MOU) last week. CommCom is the telecommunications industry…more

ACMA, CommCom, Memorandum of Understanding, TCP Code Enforcement

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Andrew Stanton

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of…more

Additional Insured, Contractors, Insurers, Subcontractors, Vicarious Liability

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Sandra Steele

A New Planning System for NSW: How Proposed Changes to Planning Laws Will Impact the Building and Construction Industry

The White Paper: A New Planning System for NSW - The white paper (Paper) was released on Tuesday 16 April 2013 and included details on how the NSW new planning system would be implemented, while also responding to the…more

Building Standards, Land Developers, Proposed Legislation, Real Estate Development

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Kevin Stichter

Carolinas Corporate Update

In 2012, the K&L Gates Carolinas corporate practice posted another busy year as our clients were active in a wide variety of strategic and capital markets transactions. We are excited to report that K&L Gates has been…more

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Hayes C. Stover

USCIS Issues New Form I-9

On March 8, 2013, United States Citizenship and Immigration Services (“USCIS”) issued a new Employment Eligibility Verification Form I-9. Employers may use the new form on or after March 8, 2013, and must use it for any new…more

Documentation, I-9, USCIS

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Stephen Sullivan

SEC Proposes Major Revisions to Money Market Fund Rules

On June 5, 2013, the Securities and Exchange Commission (“SEC”) voted to release its long-awaited proposals to make significant revisions to the rules governing money market mutual funds (“money funds”), as well as to adopt…more

Disclosure Requirements, Liquidity Fees, Money Market Funds, Mutual Funds, NAV

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David Tallman

Was Chicken Little an Optimist?

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to consider…more

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Lucas Tanglen

The 11th Circuit Finds Insurance Coverage for Internet Copyright Claims

In its recent decision in St. Luke’s Cataract & Laser Institute, P.A. v. Zurich American Insurance Co., 2013 WL 461347 (11th Cir. Feb. 7, 2013) (unpublished), the United States Court of Appeals for the Eleventh Circuit found…more

Advertising, Advertising Injury, Commercial General Liability Policies, Copyright, Infringement

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Adam Tejeda

FATCA Regulations Finally Arrive: A First Look

On January 17, 2013, the U.S. Treasury Department (“U.S. Treasury”) and the Internal Revenue Service (“IRS”) released long-awaited final regulations on the Foreign Account Tax Compliance Act (“FATCA”). The final regulations…more

FATCA, FFI, Foreign Banks, Foreign Financial Accounts, Intergovernmental Agreements

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David Thompson

You Don’t Have to Pay for a Post Issuance Compliance Policy…But Have You Adopted One Yet?

A number of municipal entities have been receiving a solicitation to purchase a post-issuance debt policy and procedure manual. The advertisement suggests that having such a policy is required by the Internal Revenue Service…more

Compliance, IRS, Municipal Bonds, Municipalities, Tax Exemptions

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Frank Thompson

Insurance: details and the devil

Originally published in The Lawyer on March 18, 2013. It would be a mistake to think that directors and officers (D&O) insurance provides a blanket indemnity. D&O policy wordings are complex and…more

Corporate Officials, D&O Policies, Disclosure Requirements, Insurers

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Su Sze Ting

Continuous Disclosure – What to Say and When?

Key Points - Continuous disclosure is one of the key elements of ensuring market integrity. With the recent amendments to the Listing Rules and the introduction by the Australian Securities Exchange (ASX) of a new…more

ASX Listing Rules, Disclosure Requirements, Reasonable Person Test, Social Media

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Ankur Tohan

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce…more

Bird Fatalities, Department of Fish and Wildlife, Renewable Energy, Wind Power

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Ryan Tosi

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the Supreme…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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Anh Tran

Swap Clearing and the Commercial End User Exception: Corporate Governance and Risk Management Issues for Commercial Companies

Central clearing of over-the-counter derivatives is a central pillar of the financial services reforms that are embodied in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The presumption of…more

Commercial End-User Exception, Corporate Governance, Dodd-Frank, End-Users, Risk Management

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Anna Trist

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from the…more

ACCC, Advertising, Bullying, Franchises, Infringement

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Oskar Tulodziecki

Trademarks and Unfair Competition - Quarterly Bulletin no. 1/2013 (10)

In This Issue: Here is yet another bulletin on trade mark and unfair competition law. This edition includes coverage of plans of the European Commission to change the trade mark protection system. The draft…more

Competition, EU, Fees, OHIM, Registration

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Christopher Tung

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Mary Turk-Meena

The Affordable Care Act's Marketplace Notice: What Employers Need to Know

On May 8, 2013, the Department of Labor (“DOL”) issued long-awaited guidance on the notice that must be provided to employees by October 1, 2013, the first day of the Health Insurance Marketplace open enrollment period (the…more

Affordable Care Act, FLSA, Health Insurance Exchanges, Healthcare, Notice Requirements

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H. W. Turner

How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property within…more

Property Tax, Purely Public Charity Act, Tax Exemptions

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William R. Turner

Property Implications Fact Sheet: Autumn Statement

On 5 December 2012, George Osborne, The Chancellor of the Exchequer, delivered the Autumn Statement. The Statement contained several key implications for the property industry, examined below: TAX AND FUNDING - 1…more

Property Tax

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Sarah Turpin

Insurance: details and the devil

Originally published in The Lawyer on March 18, 2013. It would be a mistake to think that directors and officers (D&O) insurance provides a blanket indemnity. D&O policy wordings are complex and…more

Corporate Officials, D&O Policies, Disclosure Requirements, Insurers

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Linda L. Usoz

Social Media and Beyond: California Ushers in New Employment Laws for 2013

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees; new…more

Appearance Policy, Breastfeeding, Discrimination, Passwords, Personnel Records

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Andrea M. Utasy

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Joseph Valenti

Enhanced Protections for Federal-Employee Whistleblowers: Sign of Things to Come?

Whistleblowers who work for the federal government recently received greater protection under federal law. These additional protections are significant and close prior gaps in the protections afforded by previous statutes and…more

Garcetti, Whistleblower Protection Policies, Whistleblowers, WPEA

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Steven Valentine

Comprehensive Immigration Reform Provides Opportunities for President, Republicans, High-Tech Companies, Labor Unions

With the current Congressional focus on discretionary spending and revenue issues surrounding Sequestration, it may seem like little attention can be paid to other policy reforms. In comprehensive immigration reform, however, a…more

Green Cards, Hiring & Firing, Immigration Reform, Proposed Legislation, STEM

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Dr. Johann von Pachelbel

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Lynne Shore Wakefield

The Affordable Care Act's Marketplace Notice: What Employers Need to Know

On May 8, 2013, the Department of Labor (“DOL”) issued long-awaited guidance on the notice that must be provided to employees by October 1, 2013, the first day of the Health Insurance Marketplace open enrollment period (the…more

Affordable Care Act, FLSA, Health Insurance Exchanges, Healthcare, Notice Requirements

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Naoki Watanabe

Japan’s New Feed-in Tariffs: Government’s Model Contract Available Now

I. Introduction of FIT in July 2012 - On July 1, 2012, the Act on Special Measures concerning Procurement of Renewable Energy Sourced Electricity by Electric Utilities (Act No. 108 of 2011) (the “RE Act”) came into effect…more

Electricity, Feed-in-Tariffs, Power Plants, Power Purchase Agreements, Renewable Energy

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Anthony Watson

China Trade Marks – Inclusion of Retail and Wholesale services relating to medicines and pharmaceuticals

The China Trade Marks Office (CTMO) recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary…more

Brand, China, Medical Supplies, Pharmaceutical, Retail Market

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Nicholas J. Watts

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Foreign Investment, Foreign Jurisdictions, Funding

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Cynthia Weed

You Don’t Have to Pay for a Post Issuance Compliance Policy…But Have You Adopted One Yet?

A number of municipal entities have been receiving a solicitation to purchase a post-issuance debt policy and procedure manual. The advertisement suggests that having such a policy is required by the Internal Revenue Service…more

Compliance, IRS, Municipal Bonds, Municipalities, Tax Exemptions

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Nanci Weissgold

Insurance Coverage for CFPB Investigations and Enforcement Actions

Many companies and individuals that are facing investigations or subsequent enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) will be forced to incur substantial sums to defend such claims, to settle such…more

CFPB, D&O Insurance, E&O Insurance, Insurers, Investigations

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Kathleen Williams

How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property within…more

Property Tax, Purely Public Charity Act, Tax Exemptions

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Kathryn Williams

More Paper? CFPB Revamps Disclosure and Delivery Requirements for Valuations under ECOA

Come January 2014, creditors will be required to equip borrowers with more information on how the value of the borrower’s home is determined, even if the creditor doesn’t use that information in making its lending decision. How…more

Automated Valuation Models, Broker Price Opinions, CFPB, Disclosure Requirements, Dodd-Frank

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Craig Wilson

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth Circuit

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean…more

Air Pollution, Clean Air Act, EPA, Functional Interdependence, Oil & Gas

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Kimberley Wilson

Victorian Government Reforms PPP Policy to Support Infrastructure Growth

The Victorian State Government announced on 2 May 2013, significant reforms to its Public Private Partnership (PPP) policy to support infrastructure growth in Victoria (Policy). The Policy is aimed at encouraging private sector…more

Canada, Infrastructure, Public-Private Partnerships

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Roger Wise

Tax Reform – The Next Installment: Reforming the Taxation of Financial Instruments

After the fiscal cliff deal failed to include a framework for comprehensive tax reform, many in Washington predicted that the momentum for tax reform would wither away. Although Congress has many important issues on its agenda…more

American Taxpayer Relief Act, Bonds, Derivatives, Discussion Draft, FIFO

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David Wochner

DOE Issues Second LNG Export License for Non-FTA Countries

On May 17, 2013, the U.S. Department of Energy (“DOE”) issued an order authorizing the Freeport LNG Terminal (“Freeport”) in Quintana Island, Texas to export liquefied natural gas (“LNG”) to nations with which the United States…more

DOE, Environmental Review, Exports, Free Trade Agreement, Licenses

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Caleb Wood

OFCCP Enforcement Powers Expanded Over Healthcare Industry

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs…more

Compliance, Enforcement, Healthcare, HMOs, Hospitals

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Gregory Wright

Insurance Coverage for CFPB Investigations and Enforcement Actions

Many companies and individuals that are facing investigations or subsequent enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) will be forced to incur substantial sums to defend such claims, to settle such…more

CFPB, D&O Insurance, E&O Insurance, Insurers, Investigations

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Steven Wulff

Major Changes to Australian Patent Law – Act Now to Benefit From Current Law

On 15 April 2013, the bulk of 'Raising the Bar' amendments to the Australian Patents Act come into effect. These amendments will change Australian patent law significantly by raising patentability and specification description…more

Australian Patent System, Filing Deadlines, Patent Applications, Patents, Prior Art

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Marta Wysokinska

Trademarks and Unfair Competition - Quarterly Bulletin no. 1/2013 (10)

In This Issue: Here is yet another bulletin on trade mark and unfair competition law. This edition includes coverage of plans of the European Commission to change the trade mark protection system. The draft…more

Competition, EU, Fees, OHIM, Registration

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Hai-Ching Yang

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to…more

China, Commodities, EU, MOFCOM, Transparency

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Denise N. Yasinow

Russia Amends Anti-Corruption Law to Require Affirmative Anti-Corruption Compliance Measures

On January 1, 2013, Russia implemented an amendment to its anti-corruption laws that appears to go beyond the reach of both the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act (“UKBA”) to the extent it…more

Anti-Corruption, Compliance, FCPA, UK Bribery Act

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Andrew Young

FERC Issues Final Policy Statement Permitting Developers to Allocate 100% of the Capacity for New Transmission Projects through Bilateral Negotiations

The Federal Energy Regulatory Commission (“FERC”) has issued a Final Policy Statement to clarify and refine its policies governing the allocation of capacity for new transmission projects. FERC examines four factors in…more

Bilateral Agreements, Capacity Allocation, Electricity, FERC, Participant Funded Transmission Projects

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Chenhao Zhu

M&A in the United States: What Chinese Cleantech Companies Need to Know about

China’s investments in the U.S. have increased rapidly and will continue to grow in order to acquire advanced technology, real estate, market channels and other assets. With solar module oversupply continuing through 2013 and…more

CFIUS, China, Clean Tech, Exon-Florio, National Security

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Emily Zimmer

Employers Need to Plan Now for the Next Phase of Health Care Reform

Although most employers have implemented the initial phases of Health Care Reform as they became effective over the past couple years, many of them have taken a “wait-and-see” approach to the next phase of Health Care Reform…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Health Insurance Exchanges, Healthcare

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Michal Ziólkowski

Trademarks and Unfair Competition - Quarterly Bulletin no. 1/2013 (10)

In This Issue: Here is yet another bulletin on trade mark and unfair competition law. This edition includes coverage of plans of the European Commission to change the trade mark protection system. The draft…more

Competition, EU, Fees, OHIM, Registration

See All Updates »

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