Latham & Watkins LLP

Bandfield Confirms Aggressive FATCA Enforcement Tactics

On Sept. 9, 2014, in U.S v. Robert Bandfield et al., federal prosecutors in the Eastern District of New York announced the indictment of a U.S. citizen and others, including offshore corporate service providers (CSPs) and…more
| Criminal Law, International Law & Trade, Securities Law, Taxation

“By Object” Restrictions of Competition Revisited: European Court of Justice Endorses Narrow Interpretation

EU High Court adopts narrow interpretation of “by object” restrictions and boosts effects-based approach with significant implications for cooperation/joint venture agreements. The European Court of Justice has provided…more
| Antitrust & Trade Regulation, Civil Procedure, International Law & Trade

Grunderwerbsteuer: Das Ende von 94/6-Strukturen bei Personengesellschaften?

Bundesfinanzhof verschärft den Rahmen für steueroptimierte Akquisitionsstrukturen durch mittelbare Zurechnung nach wirtschaftlichen Maßstäben . Thema der aktuellen Entscheidung – In einer am 10. September 2014…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Real Estate - Commercial, Taxation

FATCA Violation Underlies Latest US Tax and Securities Fraud Charges

Indictment demonstrates the strength of US law enforcement efforts to combat offshore fraud and is the first to charge a FATCA violation. On September 9, 2014, in US v. Robert Bandfield, et al., federal prosecutors in…more
| Criminal Law, Finance & Banking, International Law & Trade, Securities Law, Taxation

Ukraine Crisis Update: US and EU Expand and Align Sanctions

The US and EU take coordinated action to broaden and align their Russia-related sanctions — which may evolve further depending on Ukraine peace plan progress. On September 12, 2014, the US and the EU announced new and…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, International Law & Trade, Science, Computers, & Technology

German Real Estate Transfer Tax: The end of so-called 94/6 Partnership Structures?

German Federal Fiscal Court severely tightens framework for acquisition structures by using beneficial ownership as the standard for the attribution of indirect participations. Key Subject of the Decision - With a…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Real Estate - Commercial, Taxation

Time for the Courts to go Green

The Supreme People’s Court has set up an environmental tribunal and clarified in its new Opinions which parties are able to pursue cases, the courts of first instance and the rules on litigation fees and funds. In…more
| Civil Procedure, Energy & Utilities, Environmental Law

How Leading Philippine Companies are Using Bonds to Their Advantage [Video]

More than two dozen senior executives, including lawyers from Latham & Watkin's Hong Kong and Singapore offices, led presentations and panel discussions at an industry conference focused on the Philippine bond market, hosted in…more
| Business Organizations, Finance & Banking, International Law & Trade

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power Under PURPA As "Firm Power," Contrary to FERC and District Court

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law

SEC Increases Focus on Accounting and Financial Fraud at Public Companies

“I would describe the time period we are living through as an era of creative and aggressive enforcement by the US Securities and Exchange Commission (SEC),” said Latham & Watkins partner John Sikora. “The SEC has set a…more
| Finance & Banking, Securities Law

Recent Developments in Insolvency Law

Italian legislative amendments promote rescue over liquidation for companies facing insolvency, in line with this year’s European Commission recommendation. Italian lawmakers have passed two decrees which will provide…more
| Bankruptcy, Business Organizations

Neustarts an Wall Street nach den Rückzügen

Frankfurt partner Marcus C. Funke and London partner David Boles co-authored an article regarding recent developments in US-registered IPOs by foreign issuers, inter alia, in the context of the JOBS Act. Please see full…more
| International Law & Trade, Securities Law

Hedge Funds Word of the Day™ – 10b5-1 Plan [Video]

Latham & Watkins partner Stephen Wink explains the Hedge Funds term 10b5-1 Plan, a plan used by company insiders to sell shares in the company without running afoul of restrictions on insider trading. For additional definitions…more
| Business Organizations, Finance & Banking

5 Ways to Protect your Business from a Cyber Attack

Global cyber-attack threats stand at the highest ever recorded level, jumping 14 percent from 2012 to 2013 (Cisco 2014 Annual Security Report). Furthermore, a recent Microsoft Security Intelligence Report found that operating…more
| Privacy, Science, Computers, & Technology

The Next Big Thing for Companies Outside the US: US IPOs Using a Yield-oriented Structure

Ten practical considerations can help companies around the world tap the significant US capital market with IPOs. Investors in the United States continue the search for yield. Over the past several years, over 60…more
| Business Organizations, International Law & Trade, Securities Law
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