Latham & Watkins LLP

Arbitral Awards Based on Penalty Clauses: Enforceable?

A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties. In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

WORD OF THE DAY® – WKSI [Video]

WKSI or another way to say VIP? Partner Cathy Birkeland explains the term WKSI from the Book of Jargon® – US Corporate and Bank Finance. Latham & Watkins' innovative Book of Jargon® series demystifies legal and business…more
| Business Organizations, Finance & Banking

Private Equity Fund Managers: Annual Compliance Reminders and New Developments

Summary of private equity firms’ compliance obligations, discussion of notable developments in 2015 and outlook for 2016. US federal laws and regulations, as well as the rules of self-regulatory organizations (SROs),…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology, Securities Law, Taxation

Draft UK Income-based Carried Interest Legislation Published

Proposed new UK rules will tax carried interest in certain funds as income, with only specified funds entitled to capital gains treatment - The UK government published draft legislation on 9 December 2015 amending the tax…more
| Business Organizations, Finance & Banking, Securities Law, Taxation

European Commission Proposes an Anti-Tax Avoidance Directive

The proposed Council Directive marks another, significant, though likely problematic, step towards tackling tax avoidance across Member States. Background - The European Commission (the Commission) has been moving…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation

CFPB Enforcement Update

This update analyzes the trends and patterns in the Consumer Financial Protection Bureau’s publicly available enforcement actions. Leveraging the analysis in our December 2014 White Paper, CFPB Enforcement by the Numbers…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Finance & Banking, Real Estate - Residential

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

SEC Proposes Rules on the Use of Derivatives by Funds

The proposal would place restrictions on certain investment funds to limit their use of derivatives and require certain risk management procedures. On December 11, 2015, the US Securities and Exchange Commission (SEC)…more
| Business Organizations, Finance & Banking, Securities Law

WORD OF THE DAY® – Make Whole [Video]

Is the whole greater than the sum of its parts? Partner Tad Freese explains the term Make Whole from the Book of Jargon® – US Corporate and Bank Finance. Latham & Watkins' innovative Book of Jargon® series demystifies legal…more
| Business Organizations, Finance & Banking

Europe’s New Market Abuse Rules For Issuers of Debt Securities

European Market Abuse Regulation 2016 imposes new obligations for issuers of debt securities traded on multilateral trading facilities. The European Parliament and the Council of the European Union have adopted a new…more
| Business Organizations, Finance & Banking, Securities Law

US Loan Market Adapts to European Bail-In Directive

LSTA publishes model provisions for use in US law-governed credit agreements to assist in adopting new EU bail-in rules. European Economic Area (EEA) financial institutions are now subject to a new set of regulatory…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, International Law & Trade, Securities Law

Egypt Liberalises Electricity Market to Allow Private Sector Participation

In 2015, Egypt issued its unified Electricity Law no. (87), paving the way for market liberalisation of its power generation and distribution services. A few months on from its introduction, what are some of the key takeaways?…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, International Law & Trade, Securities Law

What Does COP-21 Mean for Business?

6 Answers From Around the Globe - The historic COP-21 Paris Agreement on climate change is the first major development in the climate area at the international level since adoption of the Kyoto Protocol in 1997. Given…more
| Business Organizations, Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

California Governor’s Office Releases Updated CEQA Guidelines Proposal on SB 743 Implementation

On January 20, 2016, the Governor’s Office of Planning and Research (OPR) released a new draft proposal for implementing Senate Bill 743 (Steinberg 2013) (SB 743), which would require traffic analysis to be based on vehicle…more
| Construction Law, Environmental Law, Real Estate - Commercial, Real Estate - Residential, Transportation

The Evolving Business and Investment Landscape in Saudi Arabia

Saudi Arabia is developing into a sophisticated financial center in the Middle East. As companies are increasingly active in the Kingdom and demand for Sharia’h-compliant financial instruments increases, the Kingdom can provide…more
| Business Organizations, Securities Law
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