Attorney |
Latest Publications |
|
|
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 »
|
|
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 »
|
|
It is common among parties to sophisticated construction projects, service agreements, leases, and many other types of projects and transactions, to assess the risks associated with their contractual activities and allocate…more
Additional Insured, Commercial General Liability Policies, Contract Drafting, Contract Interpretation, Indemnification
|
See All Updates »
|
|
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 »
|
|
On November 13, 2012, the Financial Stability Oversight Council (the “FSOC”) unanimously approved the publication of several proposed recommendations for money market mutual fund (“MMMF”) reform (the “Proposed Recommendations”)…more
Dodd-Frank, FSOC, Money Market Funds, SEC
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the risks associated with "poaching"…more
Non-Compete Agreements, Non-Parties, Restraints, Restrictive Covenants
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in…more
Clean Water Act, EPA, Permits, Vessels
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
Reform of taxation of free floating dividends for corporate income tax purposes
The German Parliament (Bundestag) and the German Federal Council (Bundesrat) reached an agreement regarding the taxation of free floating…more
Capital Gains, Corporate Income Tax Act, Corporate Taxes, Dividends, EU
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
|
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 »
|
|
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 »
|
|
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 »
|
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in…more
Clean Water Act, EPA, Permits, Vessels
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
I. Introduction -
Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and applying…more
Mergers, MOFCOM, Proposed Legislation, Public Comment, Remedies
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
The Industry and Current Legislation -
The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations reported…more
Contractors, Proposed Amendments, Subcontractors
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the risks associated with "poaching"…more
Non-Compete Agreements, Non-Parties, Restraints, Restrictive Covenants
|
See All Updates »
|
|
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 »
|
|
“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 »
|
|
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 »
|
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
Reform of taxation of free floating dividends for corporate income tax purposes
The German Parliament (Bundestag) and the German Federal Council (Bundesrat) reached an agreement regarding the taxation of free floating…more
Capital Gains, Corporate Income Tax Act, Corporate Taxes, Dividends, EU
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
It is no secret that trademark infringements are rampant in the People’s Republic of China (“PRC” or “China”). As the popular phrase goes, “???,???,” which translates to “feigning as brand name companies and free riding on their…more
China, Fashion Industry, Infringement, International Trademark Protection, Trademarks
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
The Industry and Current Legislation -
The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations reported…more
Contractors, Proposed Amendments, Subcontractors
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in…more
Cookies, EU, Opt-Outs, Telecommunications
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
|
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 »
|
|
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 »
|
|
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 »
|
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in…more
Cookies, EU, Opt-Outs, Telecommunications
|
See All Updates »
|
|
I. Introduction -
Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and applying…more
Mergers, MOFCOM, Proposed Legislation, Public Comment, Remedies
|
See All Updates »
|
|
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 »
|
|
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 »
|
|
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 »
|
|
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 »
|