Latham & Watkins LLP

Don’t Skip the Credits: The Oft-Overlooked Importance of Air Emission Credits in Mergers and Acquisitions

There is no shortage of environmental matters to navigate when buying a company or facility. Environmental counsel must first lead a diligence effort that delineates the target’s environmental footprint and then suss out the…more
| Commercial Law & Contracts, Environmental Law, Mergers & Acquisitions, Real Estate - Commercial

Three Practical Steps to Oversee Enterprise Risk Management (ERM)

Introduction - Oversight of enterprise risk management, or ERM, continues to challenge boards and occupy a prominent place on the governance agenda. Effective ERM seeks to balance risk and opportunity while enhancing…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Securities Law

Snowden's Legacy: Safe Harbor under fire at the CJEU

This week the Court of Justice of the European Union (‘CJEU’) heard a case that could destabilise data flows between the US and EU under the EU-US Safe Harbor Decision. In Schrems v Data Protection Commissioner (C-362/14), the…more
| Communications & Media Law, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

UK Film & Television

Tax relief changes announced for film and television and a new coproduction treaty. The UK Government published the Finance Bill 2015 on 24 March 2015. We set out below the bill’s key impacts on the UK film and television…more
| Art, Entertainment, & Sports Law, International Law & Trade, Taxation

Legislature Approves $1 Billion Drought Relief Legislation; Governor Brown Expected to Sign

California Legislature Enacts Bill Package on Drought - On Thursday March 26, 2015, the California Legislature adopted legislation which it describes as allocating approximately $1 billion to emergency drought relief in…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Government Contracting

PE Sponsors Seek High Yield Flexibility Through Carve-Out Options

High yield bond offerings have been a core component of the European leveraged finance segment since 2009. The value of European high yield bond issuances has increased dramatically, more than doubling from 2011 to 2014…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Regulation SBSR: The Compliance Guide to Reporting Security-based Swaps

SEC has published reporting obligations for SBS without a finalized compliance schedule. Reporting rules for cleared and platform-executed SBS and certain cross-border transactions have not yet been finalized. On…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

Despite the Regulatory Hurdles France is Open to Investment

Even though France is perceived to have a burdensome regulatory regime, it is clearly open to investment. M&A transactions involving French targets totaled €120.6 billion in 2014, a sharp increase on 2013 when just €28.6 billion…more
| Administrative Law, Finance & Banking, Mergers & Acquisitions, International Law & Trade

California’s Strict New Health Risk Assessment Guidelines May Increase Regulatory Burden on Industrial Uses and Development Projects

On March 6, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) updated its Guidance Manual for Preparation of Health Risk Assessments (HRAs) for the purpose of better characterizing exposure risks to…more
| Environmental Law, Health

Guest Blog Post: Changes to the Polish Data Protection Act

On 1st January 2015 amendments to the Polish Data Protection Act of 29th August 1997 came into force. These amendments (the “Amendments”) impact: (i) the role played by the “administrator bezpieczenstwa informacji,” (“DPO”) the…more
| Administrative Law, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

Agencies Modify Strategy with Desert Renewable Energy Plan Over Concerns From Local Agencies, Industry and Environmental Groups

Concerns from local agencies, industry, and environmental groups over the long-awaited Draft Environmental Impact Report (“EIR”)/Environmental Impact Statement (“EIS”) for the Desert Renewable Energy Conservation Plan…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Healthcare & Technology Industries’ Burgeoning Emerging Growth Debt Market

The emerging growth debt market has grown significantly in recent years, with the majority of deals in the healthcare and technology spaces. Latham & Watkins partners Jim Morrone and Haim Zaltzman, who focus their practices on…more
| Commercial Law & Contracts, Finance & Banking, Health, Science, Computers, & Technology

The 2014 LCIA Rules

The modernised and improved LCIA rules offer greater efficiency and flexibility and include some entirely new provisions. The 2014 Rules include some completely new provisions, with no equivalent in the previous (1998)…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015

One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on Jurisdiction…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

Please Shut the Gate: High Court Decision on Important Jurisdictional Gateway

The English Civil Procedure Rules specify a number of “jurisdictional gateways” by which a foreign defendant may be brought within the jurisdiction of the English courts under the so-called common law rules. Amongst these is the…more
| Civil Procedure, International Law & Trade
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