Latham & Watkins LLP

Court Decision Helps REITs Strategize for Successful Acquisitions in the Face of Shareholder Litigation

Decision of note for REITs contemplating asset acquisitions involving stock consideration that requires stockholder approval, even if the transaction does not effect a change-in-control. Background – Following…more
| Civil Procedure, Civil Remedies, Mergers & Acquisitions, Securities Law, Real Estate - Commercial

Foreign Banks and Bankers Face New Risks From Swiss Bank Amnesty

The first non-prosecution agreement signals expanded US tax enforcement opportunities at home and abroad. The US Department of Justice (DOJ) has announced the first non-prosecution agreement (NPA) with BSI, SA, (BSI) one…more
| Criminal Law, Finance & Banking, International Law & Trade, Taxation

FCC Imposes Record Penalty for Data Breach

On Wednesday, April 8, the Federal Communications Commission (FCC) entered a consent decree and levied a $25 million civil penalty against AT&T to settle a data breach that exposed the information of nearly 280,000 customers. …more
| Administrative Law, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Multitudes, Multitudes: The SEC’s Asset Management Unit Delivers Important Messages for Investment Advisers

The SEC signals continued scrutiny of asset management firms for all manner of violations — including technical violations first identified in exams. On February 26, Julie Riewe, the Co-Chief of the SEC’s Asset…more
| Business Organizations, Finance & Banking, Securities Law

Low Carbon Fuel Standard Overview

The California Global Warming Solutions Act of 2006 (aka Assembly Bill 32 or “AB 32?) mandates a reduction in California statewide greenhouse gas (GHG) emissions to 1990 levels by 2020. The Low Carbon Fuel Standard (LCFS) is one…more
| Energy & Utilities, Environmental Law

Navigating FCPA Risks in Global Private Equity Ventures

In light of the global nature of the private equity industry, minimizing Foreign Corrupt Practices Act (FCPA) risks is an important consideration for private equity firms and their portfolio companies. …more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Mergers & Acquisitions, International Law & Trade

SEC Adopts Regulation A+ Rules

As amended, Regulation A now provides an exemption from registration for certain issuers offering up to US$50 million of securities in a 12-month period. On March 25, 2015, the Securities and Exchange Commission (SEC)…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

No Small Issue: EPA’s Proposed Rule for Nanoscale Material Reporting

Arguably necessary and long overdue, but not without issues and challenges. Introduction - On March 25, 2015, the U.S. Environmental Protection Agency (EPA or the Agency) issued a Proposed Nanoscale Material (NM)…more
| Environmental Law, Science, Computers, & Technology

Prosecutors Strike Gold in Retailers’ Dumpsters with Hazardous Waste Enforcement Action

Retailers should implement hazardous waste management plans, even for simple consumer goods, as California, New York and other states launch aggressive enforcement campaigns. In recent years, California prosecutors have…more
| Administrative Law, Commercial Law & Contracts, Environmental Law, Health, Science, Computers, & Technology

Capital Markets Union – Hit or Miss?

Key Points - • Green Paper on Capital Markets Union (CMU Green Paper) and Consultation on Prospectus Directive Review (PD Consultation) • Consultation Period runs until 13 May 2015 • Prospectus Directive…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Governor Brown Orders California’s First Mandatory Water Restrictions

On Wednesday April 1, 2015, in the wake of the state’s four-year drought and a winter that brought record-low snowfalls, Governor Brown issued an executive order mandating statewide water use restrictions for the first time in…more
| Administrative Law, Agriculture, Energy & Utilities, Environmental Law

Securities and Exchange Commission: Critical Issues Facing Public Companies

Latham & Watkins partners William Baker, Alexander Cohen, Joel Trotter and Lawrence West hosted a webcast “Securities and Exchange Commission: Critical Issues Facing Public Companies.” Topics discussed included the increasing…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Privacy, Science, Computers, & Technology

A Practical Guide to Russian Restructurings

Introduction – Restructurings are likely to be a major topic in the Russian Federation during 2015 and beyond. From a legal perspective, the legislation pertaining to restructurings and insolvencies has benefited from a…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

SEC Sends Message Via Enforcement Action: Don’t Stifle Employee Whistleblowing

US public companies and SEC regulated entities should re-examine their forms and policies. On April 1, 2015, the US Securities and Exchange Commission filed its first whistleblower protection case involving…more
| Business Organizations, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Why PE Should Stick with Entrepreneurs’ Relief Over the New Employee Shareholder Status

Over the years the UK has seen a variety of tax efficient schemes available to incentivize management; and in 2014 the Employee Shareholder Status (ESS) regime was added into the mix. ESS essentially allows an employee to…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Finance & Banking, Securities Law
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Areas of Practice
  • Antitrust & Trade Regulation
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1,000+ Attorneys

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