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New Privacy Regulations Exempt Commercial Credit Providers From EDR

Commercial credit providers and utilities are not required to join a recognised external dispute resolution scheme to participate in credit reporting until 12 March 2015. …more

Australia, Lenders, Privacy Laws

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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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Arbitration World

From the Editors - Welcome to the 23rd edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration

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European Court of Justice Holds Google Responsible for the Processing of Personal Data from Third-Party Websites

On May 13, 2014, the European Court of Justice (ECJ) delivered a judgment in Google vs. AEPD (C-131/12, hereinafter “Google Decision”) based on the EU Data Protection Directive (Directive 95/46/EC, the “Directive”). In the…more

Data Protection, EU, First Amendment, Google, Internet

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Hit and Miss? Australian Cricket Coach Takes Swing at Adverse Action Claim

The coach of the Australian cricket team, Mickey Arthur, was dismissed a fortnight before the 2013 Ashes series commenced in England. Arthur had been appointed to the position in November 2011 for a term that was set to expire…more

Adverse Employment Action, Sports

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U.S. Supreme Court Rules Section 3 of DOMA is Unconstitutional: What Should Employee Benefit Plan Sponsors and Administrators Be Doing?

The Defense of Marriage Act (DOMA) provides a single definition of marriage, as between one man and one woman, for purposes of all federal laws, including the Internal Revenue Code and ERISA…more

COBRA, DOMA, Due Process, Employee Benefits, Employer Group Health Plans

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Investment Advisers and Funds – New Treasury Report Form for Foreign Claims and Liabilities

The Department of the Treasury recently amended Treasury International Capital (“TIC”) B forms to explicitly require reporting of cross-border claims on and liabilities to foreign residents by savings and loan holding companies…more

Cross-Border, Foreign Jurisdictions, Investment Adviser

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SEC Adopts Rule Amendments to Permit General Solicitation in Certain Private Offerings

On July 10, 2013, the Securities and Exchange Commission (“SEC”) adopted final rules to eliminate the prohibition against general solicitation and general advertising in certain securities offerings under Rule 506 of Regulation…more

Advertising, General Solicitation, JOBS Act, Private Placements, Regulation D

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EPA Proposes Strict Greenhouse Gas Emissions Standards On New Electric Utilities

The United States Environmental Protection Agency (EPA) has proposed New Source Performance Standards (NSPS) that would set carbon dioxide (CO2) emission limits for certain new fossil-fueled electric utility generating units…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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SEC Issues Rule Proposals to Amend Regulation A

On December 18, 2013, the U.S. Securities and Exchange Commission (“SEC”) issued rule proposals to amend Regulation A, implementing an important part of Title IV of the Jumpstart Our Business Startups Act of 2012 (the “JOBS…more

Bad Actors, JOBS Act, PCAOB, Regulation A, Regulation S-X

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Penmanship Lesson: Technical Defects in Massachusetts Pre-foreclosure Letters Not Grounds For Voiding Foreclosures

In a victory for common sense, the Massachusetts Supreme Judicial Court (the “SJC”) has held that MASS. GEN. LAWS ch. 244 § 35A (“Section 35A”) does not relate to “the foreclosure of mortgages by the exercise of a power of…more

Foreclosure, Mortgages

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New IRS Revenue Ruling 2014-18 and the Use of Hedge Fund Stock Options

The Internal Revenue Service has issued Revenue Ruling 2014-18 (the “Ruling”) to clarify that stock options and stock-settled stock appreciation rights (“SARs”), properly designed, can be used as a form of compensation to…more

Compensation & Benefits, Deferred Compensation, Hedge Funds, IRC, IRS