Latham & Watkins LLP

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the ESA or an Environmental Impact Statement Under NEPA for a Wind Project with Independent Utility

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project…more
| Administrative Law, Energy & Utilities, Environmental Law, Government Contracting, Zoning, Planning & Land Use

The Supreme Court Strikes Down the Mercury and Air Toxics Standards

While the Court’s decision marks a symbolic defeat for EPA, it may not significantly alter power plant operators’ compliance efforts. In a much anticipated decision delivered on the last day of the term, the Supreme Court…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

Boardroom Perspectives: Oversight of Material Litigation in Four Practical Steps

Public companies in the United States are subject to litigation in various areas, including: shareholder litigation; government investigations and enforcement actions; environmental litigation and intellectual property disputes…more
| Business Organizations, Commercial Law & Contracts

Portfolio Companies’ Antitrust Risks Reflect on PE Houses

Antitrust authorities around the world are increasingly collaborating with each other in an effort to unearth anticompetitive behavior such as cartels, and are devoting greater resources to doing so. As a result, PE houses face…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, International Law & Trade

US Regulators’ Anxieties Could Limit European Financing Options

PE houses in Europe have benefitted in recent years from the availability of “Yankee” financings — access to the US leveraged loan markets to support buyout and refinancing activity in Europe, at low interest rates, with…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Court of Justice Finds Deutsche Bahn Dawn Raids Illegal

Commission’s dawn raids of Deutsche Bahn’s premises were illegal because improperly discovered documents triggered the action. Summary - On 18 June 2015, the Court of Justice of the EU (ECJ) partly allowed…more
| Antitrust & Trade Regulation, Civil Procedure, Constitutional Law, Privacy, International Law & Trade

DRECP Agencies Announce Phase I Updates

Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead agencies…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Updated: CFTC Clarifies Regulation of Forward Contracts with Embedded Volumetric Optionality

With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality. UPDATE (June 18, 2015): On May 12, 2015, the CFTC adopted the Proposal as proposed (as used…more
| Commercial Law & Contracts, Energy & Utilities, Securities Law

Coming to America – A Guide for FPIs

In this Issue: - The Latham FPI Guide: Accessing the US Capital Markets From Outside the United States - Chapter 1: Background - Chapter 2: Unregistered Global Offerings – Regulation S, Rule 144A and…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Will PE Start to Play in the Premier League?

English Premier League football clubs may start to look more attractive for investment following the League’s £5.14 billion live broadcasting deal with Sky and BT. The deal, for three years from the 2016-17 season, marks a 70%…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Finance & Banking, International Law & Trade

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Consumer Protection

FERC Issues Order Accepting PJM Capacity Performance Proposal

FERC approves PJM’s significant capacity market changes in an effort to ensure reliability in the region. On June 9, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order (the CP Order)1…more
| Energy & Utilities

Financial Industry Compliance: Enforcement Challenges in the US and Europe

“If you look at the landscape pre-financial crisis, i.e. in 2006-2007, compliance looked very different than it does now,” said Latham & Watkins partner Dr. Finn Zeidler. “In the meantime, compliance in the financial services…more
| Finance & Banking, International Law & Trade

California Supreme Upholds City of San Jose Inclusionary Housing Set-Aside Ordinance

Today, the California Supreme Court unanimously upheld the City of San Jose’s Inclusionary Housing Ordinance, rejecting a facial constitutional challenge brought in California Building Industry Association (CBIA) v. City of San…more
| Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

Challenges to the Development of the Sukuk Market

Corporate, sovereign and government-related entities issued sukuk worth US$116.4 billion in 2014, according to Standard and Poor’s. As more financial institutions around the world engage in the management, arrangement or trading…more
| Finance & Banking, International Law & Trade, Securities Law
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