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Attorney	Latest Publications
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	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 - 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 »
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	See All Updates »
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	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 »
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	See All Updates »
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	See All Updates »
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	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 »
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 »
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	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	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	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	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 »
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	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 »
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 »
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	See All Updates »
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	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 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 »
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 »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	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, Medicare, Settlement	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	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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	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 »
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 »
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 »
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	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	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	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	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 »
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	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 »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	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, Liquidity Fees, Money Market Funds, Mutual Funds, NAV	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 »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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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