K&L Gates LLP

K&L Gates Center 210 Sixth Avenue
Pittsburgh, PA 15222-2613, United States

  • 412.355.6500
  • 412.355.6501

Some Welcomed Recognition for Exploration Mining Companies

As market sentiment and investor confidence in Australia's extractive industries remains subdued, recent initiatives from governments and regulators demonstrate, at least, an acknowledgment of the issues faced by mineral…more
| Commercial Law & Contracts, Energy & Utilities, Zoning, Planning & Land Use, Securities Law, Taxation

Opportunities for Fund Managers Under ChAFTA

China-Australia Free Trade Agreement - On 17 November 2014, China and Australia signed a Declaration of Intent regarding the formalisation of the China-Australia Free Trade Agreement (ChAFTA). The signing marked the…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Saudi CMA Draft Rules to Open Foreign Investment in Listed Shares

The Saudi Capital Market Authority (the CMA) has published for consultation its draft rules for Qualified Foreign Financial Institutions - Investments in Listed Shares (the Draft Rules). …more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Tax Challenges Raised by the Digital Economy

On September 16, 2014, the Organisation for Economic Cooperation and Development (“OECD”) released a report on Action 1 of the OECD/G20 Base Erosion and Profit Shifting Project (also known as the “BEPS” project) titled…more
| Communications & Media Law, Finance & Banking, International Law & Trade, Science, Computers, & Technology, Taxation

Massachusetts Supreme Judicial Court Strengthens Policyholders’ Ability to Pursue Consumer Protection Claims against Insurers for Dilatory Conduct

The Massachusetts Supreme Judicial Court (“SJC”) has made it clear that an insurer cannot avoid claims for failing to defend a policyholder merely by tendering payment to the policyholder at the last minute. The central issue in…more
| Commercial Law & Contracts, Consumer Protection, Business Torts, Insurance

Action 6 – Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

Action 6 of the BEPS Action Plan identified treaty abuse as one of the most important sources of BEPS concern. The report offers alternative model provisions for the prevention of treaty abuse given constitutional and other…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Base Erosion and Profit Shifting: The Australian Perspective

In July 2013, the G20 Finance Ministers, including Australia, fully endorsed the base erosion and profit shifting (BEPS) Action Plan. As a result of the Action Plan, the Australian government encouraged a new commitment to focus…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, International Law & Trade, Taxation

Action 5 - Countering Harmful Tax Practices

Action Item 5 of the BEPS Action Plan commits the Forum on Harmful Tax Practices (“FHTP”) to: “revamp the work on harmful tax practices with a priority on improving transparency, including compulsory spontaneous exchange…more
| Finance & Banking, Intellectual Property, International Law & Trade, Taxation

Avoiding “Gotcha” Moments: Excusing Non-Production to Address Mechanical Issues Under the Temporary Cessation of Production Doctrine

In Landover Production Company, LLC v. Endeavor Energy Resources, L.P., et al., the Texas Court of Appeals re-affirmed the application of the implied, “temporary cessation of production doctrine” to prevent an oil and gas lease…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities

Ninth Circuit Joins Majority Trend and Requires FLSA Plaintiffs to Meet Plausibility Standard

On November 12, 2014, the Court of Appeals for the Ninth Circuit joined the First, Second, and Third Circuits in holding that a plaintiff cannot state a plausible claim under the Fair Labor Standards Act (“FLSA”) by merely…more
| Civil Procedure, Labor & Employment Law

OECD/G20 Base Erosion and Profit Shifting Project

On September 16, 2014, the Organisation for Economic Cooperation and Development (“OECD”) released seven reports addressing certain aspects of the base erosion and profit shifting (“BEPS”) project. The seven BEPS reports…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Non-Direct Auto Lending: Is the CFPB Asserting Jurisdiction over the Capital Markets?

The capital markets should look closely at the proposed rule of the Consumer Financial Protection Bureau (the “CFPB”) to supervise certain larger non-bank automobile finance companies because of the CFPB’s assertion of broad…more
| Finance & Banking, Consumer Protection

A Cure for What Ails You – Or At Least One Thing That Does: CFPB’s Cure for “Points and Fees” Mistakes

In a recent amendment to Regulation Z, the CFPB offers a tonic to mortgage lenders and their assignees that have struggled with the “points and fees” calculation for Qualified Mortgages (QMs). The CFPB’s cure allows lenders or…more
| Finance & Banking, Consumer Protection, Real Estate - Residential

New Jersey Supreme Court Will Review Templo Fuente Decision on Insureds’ Duty to Provide Notice as Soon as Practicable under a Claims-Made and Reported Policy

The Supreme Court of New Jersey will hear an appeal of the Appellate Division’s decision in Templo Fuente De Vida Corp. and Fuente Properties, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., 2014 WL 2533810…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Case Alert: EAT Rules that Holiday Pay Includes Allowances and Non-Guaranteed Overtime

In a landmark decision, the Employment Appeal Tribunal (EAT) has decided that payments in respect of “non-guaranteed overtime”, which is overtime that an employer is not required to offer, but an employee is required to work if…more
| Labor & Employment Law, International Law & Trade
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