K&L Gates LLP

Author

Latest Publications

Cameron Abbott

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

See All Updates »

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

See All Updates »

Dara Akchoti

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

See All Updates »

Martin Alden

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

See All Updates »

Heidi Eckel Alessi

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

See All Updates »

Clifford Alexander

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

See All Updates »

Yusef Alexandrine

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

See All Updates »

Scott Aliferis

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

See All Updates »

David Allen

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

See All Updates »

R. Bruce Allensworth

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

See All Updates »

Lawrence Altman

Allocation of FATCA Withholding Risk in Financial Transactions Outside the United States

The U.S. Treasury Department has delayed implementation of FATCA once again. However, this delay may be the last, and a phased implementation of FATCA is scheduled to begin on July 1, 2014. FATCA introduces the potential for…more

Extraterritoriality Rules, FATCA, FFIs, International Tax Issues, U.S. Treasury

See All Updates »

Diane Ambler

Questions & Answers on State and Local Variations on SEC Pay-to-Play Rule

Many states and municipalities have adopted laws and regulations that affect how investment managers may solicit investment advisory business, including investment in sponsored public and private funds, from the state agencies…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Lobbying, Pay-To-Play

See All Updates »

Mark Amorosi

CFTC Adopts Harmonization Rules for Investment Advisers that are Commodity Pool Operators of Registered Funds

On August 13, 2013, the Commodity Futures Trading Commission (“CFTC”) adopted long-awaited harmonization rules (“Harmonization Rules”) for operators of registered investment companies (“Registered Funds”) that are subject to…more

CFTC, CPO, Disclosure Requirements, Harmonization Rules, Investment Adviser

See All Updates »

Anna Amprimo

The Projects and Construction Review, Chapter 22 "Italy"

The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried…more

Arbitration, Bonds, Cross-Border, EU, Foreign Investment

See All Updates »

Britt Anderson

New EU Regulation Strengthens Customs Authorities’ Ability to Take Action against Counterfeits

Customs authorities in the European Union (“EU”) countries are being given new enforcement tools with the adoption on 1 January 2014 of Council Regulation No. 608/2013 (the “New Regulation”). The New Regulation provides broader…more

Counterfeiting, Customs and Border Protection, EU

See All Updates »

Roberta Anderson

Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong

Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong On Friday February 21st, a New York trial court judge let Sony’s insurers, Zurich American Insurance Co. and Mitsui Sumitomo Insurance Co., off the coverage…more

Commercial General Liability Policies, Data Breach, Data Protection, Personally Identifiable Information, Sony

See All Updates »

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

See All Updates »

Carolina Arroyo

The Projects and Construction Review, Chapter 22 "Italy"

The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried…more

Arbitration, Bonds, Cross-Border, EU, Foreign Investment

See All Updates »

Laura Atherton

Today Deferred Prosecution Agreements (“DPAs”) come into force in the UK

DPAs are agreements between prosecutors and corporate organisations that charges will be presented but not pursued, provided the organisation complies with a set of agreed terms and conditions. Those terms and conditions…more

Deferred Prosecution Agreements, Fraud, Money Laundering, UK, UK Bribery Act

See All Updates »

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, FSOC, GAAP, Liquidity Fees, Money Market Funds

See All Updates »

Piotr Augustyniak, LL.M.

The New World Wide Web: FATCA Inspires a Global Effort to Fight Tax Evasion

The rapid evolution of the Foreign Account Tax Compliance Act (“FATCA”) from a U.S. driven effort to crack down on U.S. offshore tax evaders into an information reporting mechanism being considered for adoption throughout the…more

Due Diligence, EU, European Commission, FATCA, Intergovernmental Agreements

See All Updates »

Vincent Avallone

New Protections for Pregnant Employees under New Jersey Law

On January 21, 2014, New Jersey Governor Chris Christie signed a bill into law that adds pregnancy as a protected classification under New Jersey’s Law Against Discrimination (“LAD”) and requires employers to provide reasonable…more

Employee Rights, Pregnancy, Pregnancy Discrimination

See All Updates »

Leeron Avnery

CFTC Adopts Harmonization Rules for Investment Advisers that are Commodity Pool Operators of Registered Funds

On August 13, 2013, the Commodity Futures Trading Commission (“CFTC”) adopted long-awaited harmonization rules (“Harmonization Rules”) for operators of registered investment companies (“Registered Funds”) that are subject to…more

CFTC, CPO, Disclosure Requirements, Harmonization Rules, Investment Adviser

See All Updates »

Anthony Badaracco

How a Unilateral Policy Morphed into an Illegal Resale Price Fixing Agreement

Two recent decisions in a California federal court case highlight the rocky shoals a supplier must navigate to control the prices charged by the resellers of its products without violating antitrust laws…more

Antitrust Litigation, Cartwright Act, Policy Violations, Price-Fixing, Resales Agreements

See All Updates »

Vanessa Baic

Global Food, Drug and Medical Device Newsletter

In this issue: Legislative Updates: - (i) USA - (ii) EU - (iii) China - (iv) Australia - (v) Japan. - Featured Articles: - (i) Caffeinated Energy Drinks - a Global Perspective - (ii)…more

Advertising, Animal Testing, Australia, Cosmetics, Energy Drinks

See All Updates »

Jennie Baker

PPSR: A Reminder to All Owners Not in Possession of Their Personal Property

In June 2013, the NSW Supreme Court in Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors [2013]…more

Australia, Personal Property, Property Owners

See All Updates »

Mary Burke Baker

The First Dish is Served: Chairman Camp Unveils Comprehensive Tax Reform Discussion Draft

On February 26, 2014, House Ways and Means Committee Chairman Dave Camp (R-MI) unveiled his comprehensive tax reform proposal. Chairman Camp released his proposal in discussion draft form, and the bill was not officially…more

Business Taxes, Corporate Counsel, Corporate Taxes, Tax Credits, Tax Incentives

See All Updates »

Julia Baldi

Changes to Hedge Fund Disclosure and Reporting Obligations

In October 2013, the Australian Investment and Securities Commission (ASIC) announced new reporting and disclosure obligations for hedge funds and funds of hedge funds registered in Australia. By 1 February 2014, fund…more

Australia, Disclosure Requirements, Hedge Funds, Reporting Requirements

See All Updates »

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

See All Updates »

Abhishek Bansal

ASIC Investigates Conduct of Property Developers for Extending Payment Terms

Sometimes a property developer will allow the purchaser to settle without receiving the full balance of the purchase price because the purchaser is unable to obtain adequate financing to complete a settlement. The shortfall…more

ASIC, Australia, Extensions, Land Developers, Settlement

See All Updates »

George Barbatsuly

Federal Financial Regulatory Agencies Poised to Implement Diversity Standards

Acting under a little-analyzed provision of the Dodd-Frank Act, six federal financial regulatory agencies recently published-joint proposed standards for assessing the diversity policies and practices of the institutions they…more

Banks, Diversity, Dodd-Frank, Nonbank Firms

See All Updates »

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

See All Updates »

Robert Barrett

U.S. Patent Office Issues Extensive Subject Matter Eligibility Guidelines

The United States Patent Office periodically issues guidance for examiners (“Examiners”), often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish the…more

Examiners, Myriad, Patent Applications, Patent-Eligible Subject Matter, Patents

See All Updates »

Thomas Basso

Shortcuts on the Patent Prosecution Highway

The Patent Prosecution Highway (PPH) is a program that allows applicants to leverage allowable claims in one participating office to obtain a patent faster and more efficiently for corresponding claims in another participating…more

Foreign Patent Applications, Patent Cooperation Treaty, Patent Prosecution Highway, USPTO

See All Updates »

Marion Baumann

For the first time Germany extradites former executive to the US on antitrust charges

Romano Pisciotti, an Italian national, was extradited from Germany in April 2014 to personally face criminal charges in the US for participating in a worldwide cartel. This is the first time an individual has been extradited…more

Antitrust Litigation, EU, Extradition

See All Updates »

Neil Baylis

MOFCOM Strengthens Merger Control Law Enforcement

On March 20, 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a press release announcing that, as of May 1, 2014, MOFCOM will make public on its website all decisions resulting in a finding that…more

Anti-Monopoly, Mergers, MOFCOM, Public Disclosure

See All Updates »

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

See All Updates »

Andrea Beatty

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

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

See All Updates »

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

See All Updates »

Alice Bell

The Extra-territorial Impact of EMIR on Non-EU Swap Counterparties

On November 18, 2013, the European Securities and Markets Authority (“ESMA”) published its final report on technical standards detailing how the regulation of over-the-counter (“OTC”) derivative contracts in the European Union…more

EMIR, ESMA, EU, Extraterritoriality Rules, OTC

See All Updates »

Bryan Belling

On the Job, On the Field – Bullying in Sport

Recent events in the United States have again brought the issue of workplace bullying to international attention. However, in contrast to many other cases, this recent issue arose in the context of a sporting team where it is…more

Athletes, Bullying, Harassment, Hazing, Sports

See All Updates »

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

See All Updates »

Jeffrey Berardi

The Debate: Sales Functions in Law Firms

A caution to the legal industry about possibly having a knee-jerk reaction to the latest business development trend du jour, perhaps in response to the serious and ongoing challenges of a global market that has produced flat or…more

Business Development, Firm Leadership, Law Firm Partners, Law Practice Management

See All Updates »

Robert Best

Hydraulic Fracturing in Illinois: Draft Regulations to Protect Chemical Proprietary Information

Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225…more

Chemicals, Energy, Environmental Policies, Fracking, Natural Gas

See All Updates »

Rachel Bevan

Supreme Court clarifies competence-competence principle

In a highly anticipated decision, the US Supreme Court recently confirmed a $185 million award against Argentina in BG Group Plc v Republic of Argentina. The BG Group decision is significant for international arbitration…more

Arbitration, Arbitration Agreements, BG Group v Republic of Argentina, International Arbitration, Jurisdiction

See All Updates »

George Bibikos

“Houston, We May Have a Problem!” — Surface Owner Who Put up “Roadblock” to Oil Driller’s Use of Property to Service Wells in a Pooled Unit Arrives at Texas Supreme Court

The Texas Supreme Court’s anticipated ruling in the case of Key Operating Equipment Inc. v. Will Hegar and Loree Hegar could significantly impact the ability of oil and gas producers to gain access to wells that are part of…more

Mineral Leases, Mineral Rights, Minerals, Oil & Gas

See All Updates »

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

See All Updates »

Katherine Blair

Five Tips to Consider When Any Public Company Might be The Next Target

With annual reporting season underway, C-suite executives wake to another day and another data breach. Target, Michael’s, Snapchat, Facebook, Twitter, Adobe -- the list goes on and on. By now, all companies should appreciate…more

Cybersecurity, Data Breach, Data Protection, Facebook, Neiman Marcus

See All Updates »

Gregory Blase

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

See All Updates »

Christopher Bloom

Hydraulic Fracturing in Illinois: Draft Regulations to Protect Chemical Proprietary Information

Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225…more

Chemicals, Energy, Environmental Policies, Fracking, Natural Gas

See All Updates »

Edward Bloom

United States Postal Service Dispositions

Real Estate Opportunities - "The Postal Service operates vast and complex mail processing, transportation and retail networks. Its legacy network includes over 500 mail processing facilities and over 35,000 retail post office…more

GSA

See All Updates »

Dr. Bastian Bongertz

The New World Wide Web: FATCA Inspires a Global Effort to Fight Tax Evasion

The rapid evolution of the Foreign Account Tax Compliance Act (“FATCA”) from a U.S. driven effort to crack down on U.S. offshore tax evaders into an information reporting mechanism being considered for adoption throughout the…more

Due Diligence, EU, European Commission, FATCA, Intergovernmental Agreements

See All Updates »

John Boos

The Threat of Disclosure of Proprietary Information Under the California Public Records Act

Companies responding to requests for proposal (“RFPs”) or contracting with California state or local governmental agencies need to be aware of the special pitfalls posed by the California Public Records Act (“PRA”)…more

Public Records, Request For Information

See All Updates »

Christine Jochim Boote

EU Court Orders Disclosure of Proprietary Information on Chemical Substance; May Impact Disclosure Laws Abroad

The General Court of the European Union (EU) recently delivered a judgment requiring the disclosure of proprietary information related to a pesticide ingredient. The Court’s decision may affect companies that have previously…more

Chemicals, EU, TSCA

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Natalie Boyd

UAE Securities Regulator Introduces Prohibition on Unlicensed Investment Management Activities for Non-Licensed Firms in the UAE

In August 2012, the UAE Securities and Commodities Authority (“SCA”) introduced a new regulatory framework governing the marketing and sale of foreign funds to investors in the United Arab Emirates (the “UAE”). This was…more

Investment Management, Licenses, Securities

See All Updates »

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

See All Updates »

Kay Brady

Order for Claim Filing Deadline in Liquidation Proceedings of the Lumbermens Companies

A substantial number of business policyholders purchased historical insurance coverage from one of the Lumbermens Companies, which include Lumbermens Mutual Casualty Company, American Manufacturers Mutual Insurance Company, and…more

Filing Deadlines, Insurers, Liquidation, Required Documentation

See All Updates »

Neal R. Brendel

Iran sanctions relief: what does it mean for businesses in the Middle East?

On January 20, 2014, the U.S. Department of the Treasury and U.S. Department of State issued guidance implementing the Joint Plan of Action (“JPOA”) entered into by the United States, the United Kingdom, France, Russia, the…more

Department of State, Foreign Policy, Iran, Iran Sanctions, Middle East

See All Updates »

Douglas Britt

DOL Extends Minimum Wage and Overtime Protections under the Fair Labor Standards Act to Nearly Two Million Home Health Care Workers

The United States Department of Labor issued a rule last month limiting the ability of home health care employers to claim the companionship exemption for their employees under the Fair Labor Standards Act, which is likely to…more

Caregivers, DOL, FLSA, Home Health Care, Minimum Wage

See All Updates »

Melanie Brody

Ally Auto Lending Discrimination Settlement: What it Means for Indirect Auto and Other Lenders

The historic $98 million auto lending discrimination settlement between Ally Financial and Ally Bank (collectively, “Ally”), and the United States Department of Justice (“DOJ”) and Consumer Financial Protection Bureau (“CFPB”)…more

Ally Financial Inc, Automotive Loans, CFPB, Discrimination, DOJ

See All Updates »

Nicholas Brown

Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land…more

Australia, Breach of Contract, Land Sale Contract

See All Updates »

Robert Brown

Illinois Supreme Court Lets Ruling Stand Requiring Two Years of Employment to Support Restrictive Covenant

The enforceability of post-employment restrictive covenants in Illinois suffered a set back on October 14, 2013, when the Illinois Supreme Court refused to review an appellate decision that held that two years of employment was…more

At-Will Employment, Consideration, Contract Drafting, Non-Compete Agreements, Restrictive Covenants

See All Updates »

Sara Brown

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the consent…more

FCC, Spam, TCPA, Unsolicited Faxes

See All Updates »

Mélanie Bruneau

Developments in EU Transport Law - April 2014

Air Aviation emissions: MEPs vote to limit EU ETS to intra - EU flights - On 3 April 2014, MEPs voted to back a deal reached with member states to amend the European Union's Emissions Trading Scheme (EU ETS), under which flights…more

EU, ICAO, Infrastructure, Public Transit

See All Updates »

Jim Bulling

ASX's mFund and the Best Interests Duty

With the Australian Securities Exchange (ASX) set to launch its mFund settlement service in the first half of 2014, investment platform providers and financial advisers need to spend some time coming to grips with the potential…more

ASIC, Australia, Foreign Investment

See All Updates »

Holly Spencer Bunting

The Wait is Over. The Anxiety Begins. The CFPB Issues its Final Rule to Combine RESPA and TILA Mortgage Disclosures

Well, the wait is over. After 16 months and much anticipation, the Consumer Financial Protection Bureau (the “CFPB” or “Bureau”) released a 1,888-page final rule on November 20, 2013 to combine mortgage disclosures required…more

CFPB, Closing Documents, Disclosure Requirements, Dodd-Frank, Federal Reserve

See All Updates »

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, Jimmo v Sebelius, Medicare

See All Updates »

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

See All Updates »

Jane Burgess

STOP PRESS: Permitted Development Rights - Change of Use from Office to Residential

Hot on the heels of the recent dismissal of the High Court challenge by the London Borough of Islington and others into the exempted areas, Nick Boles, (the Planning Minister) has issued a Ministerial Statement in respect of…more

Urban Planning & Development

See All Updates »

Christina Burke

Proposed Tax Code Overhaul Introduced with the Tax Reform Act of 2014

On February 26, 2014, House Ways and Means Committee Chairman Dave Camp released draft (the "Discussion Draft”) that would substantially reform the current U.S. Tax Code (the “Code”). The Discussion Draft contains numerous…more

Business Taxes, Corporate Taxes, Exempt Organizations, Tax Reform, UBIT

See All Updates »

David Byer

It's Happening: Generic Top-Level Domains Update

On 23 October 2013, Internet Corporation for Assigned Names and Numbers (ICANN) began the rollout of the new generation of top-level domain names, heralding the event as "the biggest change to the internet since its…more

gTLD, ICANN, Internet, Websites

See All Updates »

Michael Caccese

Update on GIPS Guidance Statement on Pooled Funds and Potential Impacts - Remarks from the GIPS Standards 2013 Annual Conference

At the Global Investment Performance Standards (“GIPS®”, or “GIPS Standards”) 2013 Annual Conference, held Sept. 19th and 20th in Boston, MA, speakers Annie Lo (CFA Institute) and Ann Putallaz (AFP Consulting, LLC) and moderator…more

Advertising, GIPS Standards, Pooled Investment Vehicles

See All Updates »

Clive Cachia

Ministerial Might – ICAC Opens the Door for Increased Oversight of NSW Tenement Dealings

The New South Wales (NSW) Government has recently introduced the Mining and Petroleum Legislation Amendment Bill 2014 (NSW) (Bill) in the Legislative Assembly. The Bill proposes to amend the Mining Act 1992 (NSW) (Mining Act)…more

Australia, Minerals, Mining, Natural Resources, Oil & Gas

See All Updates »

Luke T. Cadigan

SEC Pays $14 Million to Dodd-Frank Whistleblower After Tip Leads to Rapid Enforcement Action

The Securities and Exchange Commission recently paid $14 million to an unidentified informant under the Dodd-Frank whistleblower program. Although the particular enforcement action was not identified, the SEC said the…more

Dodd-Frank, Enforcement Actions, SEC, Whistleblower Awards, Whistleblowers

See All Updates »

Paul Callegari

Case Alert: Covert recordings of private discussions at disciplinary and grievance hearings could be admissible evidence

What happened? In Punjab National Bank (International) Ltd and others v Gosain, the EAT decided that covert recordings made by an employee of public and private discussions at her disciplinary and grievance hearings could…more

Audio Recording, Banks, Surveillance, UK

See All Updates »

Ashley Cameron

Bank Late Payment Fees Held to be Penalties – Class Action Risk for Other Industries

Paciocco v ANZ [2014] FCA 35 - The Federal Court of Australia (Federal Court) has held that late payment fees charged by a bank to its credit card customers were unlawful penalties. Paciocco v ANZ [2014] FCA 35 is…more

Australia, Class Action, Late Payments, Penalties

See All Updates »

John Capitano

Summary Ejectment in North Carolina Becomes More Streamlined

Many commentators have opined over the years that North Carolina’s summary ejectment statutes and procedural rules and regulations, which are the legal vehicle used by landlords to evict defaulting tenants in North Carolina, are…more

Ejectment, Eviction, Landlords, New Legislation, Tenants

See All Updates »

Andrew Caplan

HUD Issues QM Proposal for Comment: There is a “There” There

This week, the United States Department of Housing and Urban Development (“HUD”) weighed in on its proposed version of a Federal Housing Administration (“FHA”) Qualified Mortgage (“QM”). Although the Consumer Financial…more

CFPB, Dodd-Frank, FHA, Housing Market, HUD

See All Updates »

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

See All Updates »

Thomas Carey

EU Court Orders Disclosure of Proprietary Information on Chemical Substance; May Impact Disclosure Laws Abroad

The General Court of the European Union (EU) recently delivered a judgment requiring the disclosure of proprietary information related to a pesticide ingredient. The Court’s decision may affect companies that have previously…more

Chemicals, EU, TSCA

See All Updates »

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

See All Updates »

B. John Casey

Oregon Enacts Significant Amendment to Environmental Clean-Up Insurance Statute

On June 10, 2013, Governor John Kitzhaber of Oregon signed into law a significant amendment to the Oregon Environmental Cleanup Assistance Act, ORS 465.475 et seq. (the “OECAA Amendment”)…more

Assignments, Commercial General Liability Policies, Contract Drafting, Environmental Policies, Independent Counsel

See All Updates »

Amanda Cashman

Orion and London & Overseas Announce Plan to Propose Amending Scheme that Will Include a Bar Date

On January 20, 2014, the scheme administrators (the “Scheme Administrators”) for two insolvent London Market Insurers, The Orion Insurance Company PLC (“Orion” ) and The London and Overseas Insurance Company Limited (“L&O”)…more

Creditors, Schemes of Arrangement, UK, Underwriting

See All Updates »

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

See All Updates »

Antoine de Rohan Chabot

Developments in EU Transport Law - April 2014

Air Aviation emissions: MEPs vote to limit EU ETS to intra - EU flights - On 3 April 2014, MEPs voted to back a deal reached with member states to amend the European Union's Emissions Trading Scheme (EU ETS), under which flights…more

EU, ICAO, Infrastructure, Public Transit

See All Updates »

Andrew Chambers

High Court to Consider the Scope of a Liquidator's Lien

On 6 March 2014, the High Court of Australia (High Court) will consider in detail, for the first time since Re Universal Distributing Co Ltd (1933) 48 CLR 171, the circumstances in which a liquidator is entitled to claim a lien…more

Australia, Liens, Liquidation

See All Updates »

Jacqueline Chan

Global Food, Drugs, Medical Devices and Cosmetics Newsletter

Welcome - We are pleased to provide you with the Spring edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. As stated in our inaugural issue, this newsletter provides updates on important issues…more

Australia, China, Dietary Supplements, EU, FDA

See All Updates »

Winnie Chan

Hong Kong Considers Significant Changes to Parody Under Copyright Law

In July 2013, the Hong Kong Government commenced a three-month public consultation on three options to deal with parody under Hong Kong copyright law. One of the options was the introduction of a fair dealing exception for…more

Copyright, Hong Kong

See All Updates »

Sebastian A. Charles

Latest Community Infrastructure Levy Amendment Regulations come into force

The latest round of amendments to the Community Infrastructure Levy (CIL) Regulations 2010 have come into force. Key changes are: - Phased payment of CIL for hybrid and other multi-phase consents - CIL can be paid…more

Affordable Housing, Infrastructure

See All Updates »

Carlos Chavez

New Reporting Requirements for Incidents of Student Restraint or Isolation in Washington Public Schools

During the 2013 Legislative Session, the Washington State Legislature passed Engrossed Substitute House Bill 1688 (“ESHB 1688”), creating several new requirements for public school districts that utilize restraint or isolation…more

Discipline, Public Schools, Reporting Requirements, Restraints, Students

See All Updates »

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

Contract Formation, Due Diligence, Intent, International Binding Agreements, Terms and Conditions

See All Updates »

Yu-Hwa Chen

Amendments to the Calculation Method for FDI Positions

Before offshore funds may be publicly offered and distributed in Taiwan, they must be registered with the Securities and Futures Bureau of the Financial Supervisory Commission (SFB). In order to be registered with the SFB, the…more

Derivatives, Foreign Investment, Investors, Offshore Funds, Registration

See All Updates »

Won-Han Cheng

New Guidance on Historical Rehabilitation Credits May Indicate Tougher Safe Harbors for Other Investment Tax Credits in the Future

On December 30, 2013, the Internal Revenue Service (the “IRS”) released Revenue Procedure 2014-12, which sets out a new “safe harbor” for allocations of the historical rehabilitation credit (the “HRC”) among partners in a…more

Historical Rehabilitation, IRS, LLC, Partnerships, Safe Harbors

See All Updates »

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

See All Updates »

David Christensen

Safe Harbor Means Safe Harbor: Sixth Circuit Rejects Any Judicial Deference to HUD’s Sham Affiliated Business Guidelines

Providing clarity in an area of law that had become increasingly muddled over the last two decades, the U.S. Court of Appeals for the Sixth Circuit has issued a decision that clarifies the scope of RESPA’s safe harbor for…more

Affiliated-Business Arrangements, Fraud, HUD, RESPA, Safe Harbors

See All Updates »

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

See All Updates »

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

See All Updates »

Beth Clark

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

See All Updates »

Collins Clark

Impact of the SEC and CFTC Issuing Final Identity Theft “Red Flag” Rules

On April 19, 2013, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC” and, together with the SEC, the “Commissions”) published final rules (“Red Flag Rules”) in the Federal Register…more

CFTC, CPO, Creditors, Data Protection, FTC

See All Updates »

Fraser Clark

The IDB assisting private sector growth in Africa

Introduction - The World Bank has estimated that capital investments in infrastructure of US$93 billion per year will be required in sub-Saharan Africa to sustain growth in the region, with only US$40 billion currently…more

Africa, Economic Development, Financing, Infrastructure, Sharia Law

See All Updates »

Mary Clarke-Pearson

CFTC Adopts Harmonization Rules for Investment Advisers that are Commodity Pool Operators of Registered Funds

On August 13, 2013, the Commodity Futures Trading Commission (“CFTC”) adopted long-awaited harmonization rules (“Harmonization Rules”) for operators of registered investment companies (“Registered Funds”) that are subject to…more

CFTC, CPO, Disclosure Requirements, Harmonization Rules, Investment Adviser

See All Updates »

William Cleveland, IV

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners Association Members

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection…more

Canada, Clean Water Act, EPA, Maritime Transport, Permits

See All Updates »

Darrell Conner

2014 Legislative & Regulatory Outlook

The K&L Gates Public Policy and Law Group (“Policy Group”) has prepared a legislative and regulatory outlook for 2014 with the purpose of identifying potential risks and opportunities for stakeholders. Conventional wisdom would…more

Congressional Budget Office, Debt Ceiling, Federal Budget, Fiscal Debate, Legislative Agendas

See All Updates »

Krista Cooley

HUD Issues QM Proposal for Comment: There is a “There” There

This week, the United States Department of Housing and Urban Development (“HUD”) weighed in on its proposed version of a Federal Housing Administration (“FHA”) Qualified Mortgage (“QM”). Although the Consumer Financial…more

CFPB, Dodd-Frank, FHA, Housing Market, HUD

See All Updates »

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

See All Updates »

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

See All Updates »

Belinda Copley

Anti-Bullying Hurdles for the Life Sciences

First Decision for the Fair Work Commission's Anti-Bullying Regime - The Fair Work Commission’s (FWC) Anti-Bullying Regime opened its doors on 1 January 2014. The new Anti-Bullying Regime got off to a leisurely start with…more

Bullying, Fair Work Commission, Life Sciences

See All Updates »

Christien Corns

New Zealand's Highest Court Makes Life Difficult for D&O Policyholders (and Their Insurers)

The Supreme Court of New Zealand (Court) last month handed down the latest in a series of decisions, both in New Zealand and Australia, relating to the enforceability of 'statutory charges' over insurance monies – and it is not…more

Australia, Commercial Insurance Policies, Corporate Dissolution, D&O Insurance, Insurance Companies

See All Updates »

Caroline Cossio

Franchising Update - February 2014

To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated…more

AdWords, Compliance, Franchise Agreements, Franchise Disclosure Document, Franchises

See All Updates »

Fiona Cousland

New Protections for Pregnant Employees under New Jersey Law

On January 21, 2014, New Jersey Governor Chris Christie signed a bill into law that adds pregnancy as a protected classification under New Jersey’s Law Against Discrimination (“LAD”) and requires employers to provide reasonable…more

Employee Rights, Pregnancy, Pregnancy Discrimination

See All Updates »

Gregory Couston

Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in…more

Australia, Criminal Prosecution, Exclusions, Guilty Pleas, Indemnification

See All Updates »

Steven D. Cox

Overriding Interest

In this issue: Permitted Development Rights - Change of Use from Office to Residential..........1 Chancel Repairs..................................2 Flooding............................................3 Changes to…more

Real Estate Development, Real Estate Market, UK

See All Updates »

Roger Crane

Delaware Supreme Court Holds that a Covenant to Negotiate in Good Faith Is Enforceable and that a Plaintiff May Receive Its Expectation Damages for Breach of the Covenant

As many of you know, we serve as litigation counsel for PharmAthene, which recently received a favorable Delaware Supreme Court decision in SIGA Technologies, Inc. v. PharmAthene, Inc., 2013 WL 2303303 (Del. Supr., May 24,…more

Covenant of Good Faith and Fair Dealing, Damages, Expectation Damages, Licenses, Negotiations

See All Updates »

Sean Crosky

Sharia compliant financing of commercial real estate

In This Issue: - Sharia compliant financing of commercial real estate - Introduction - Real estate as an asset class - Sharia compliance issues that particularly affect commercial real estate…more

Asset Class, Asset-Backed Securities, Commercial Real Estate Market, Financing, Intercreditor Agreements

See All Updates »

Elizabeth Crouse

New Guidance on Historical Rehabilitation Credits May Indicate Tougher Safe Harbors for Other Investment Tax Credits in the Future

On December 30, 2013, the Internal Revenue Service (the “IRS”) released Revenue Procedure 2014-12, which sets out a new “safe harbor” for allocations of the historical rehabilitation credit (the “HRC”) among partners in a…more

Historical Rehabilitation, IRS, LLC, Partnerships, Safe Harbors

See All Updates »

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, FSOC, GAAP, Liquidity Fees, Money Market Funds

See All Updates »

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

See All Updates »

Robert Cunningham

Directors' Liability Reform: Queensland Leads the Way

The Directors' Liability Reform Amendment Act 2012 (Reform Act) was passed in the Queensland parliament on 16 October 2013, and most of its provisions commenced on 1 November 2013…more

Australia, Board of Directors, Personal Liability, Professional Liability

See All Updates »

</