Latham & Watkins LLP

FINRA’s New Research Rules

The new rules retain many of the current rules’ core requirements, but expand certain obligations and impose requirements on debt research activities for the first time. On August 26, 2015, the Financial Industry Regulatory…more
| Business Organizations, Commercial Law & Contracts, Communications & Media Law, Securities Law

The Macron Law Modifies French Competition Rules and Procedures

The Macron Law Modifies French Competition Rules and Procedures. After seven months of discussions before the French Parliament, the bill on “Growth and Activity and Equality of Economic Opportunities” known as the “Macron…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions

The PTAB’s Proposed Rule Changes (August 20, 2015)

Patent owners can include expert testimony with a preliminary response. The Patent Office (Office) conducted a nationwide listening tour in April and May of 2014 to gauge the effectiveness of the rules governing post-grant…more
| Intellectual Property, Science, Computers, & Technology

California Energy Commission Report Projects Local Electric Reliability Deficits By 2021, Potentially Triggering The Need For New Natural Gas Power Generation

The California Energy Commission (CEC) has released an August 2015 report projecting local reliability shortfalls in the Los Angeles basin planning area as early as 2021. The deficits may require new natural gas power generation…more
| Energy & Utilities

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under the…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

EPA Finalizes Historic Greenhouse Gas Emission Reduction Program

Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of…more
| Energy & Utilities, Environmental Law

Update on the Russian Data Localization Law

Since the proposal of Federal Law No. 526-FZ (the Law) in December 2014, the Russian data protection regulator (Roscomnadzor) has not issued any official comments on the application of the new Law. Roscomnadzor did recently hold…more
| International Law & Trade, Privacy, Science, Computers, & Technology

UK Supreme Court Forces HMRC to Rethink its Tax Treatment of Delaware LLCs

Supreme Court rules in favour of taxpayer in landmark case regarding UK tax treatment of Delaware LLCs. On 1 July 2015, the UK Supreme Court handed down a long-awaited ruling in the case of Anson v Commissioners for Her…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Securities Law, Taxation

CFTC Proposes Cross-Border Application of Margin Requirements for Uncleared Swaps

The CFTC has proposed rules that would define the reach of Dodd-Frank Act margin requirements in cross-border swap transactions. On June 29, 2015, the US Commodity Futures Trading Commission (CFTC) proposed regulations that…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

English High Court Declares UK Legislation Expanding Government Powers to Retain and Intercept Data Unlawful

The English High Court has declared that UK legislation which expanded government powers to require communication providers to retain communication traffic data is incompatible with human rights, and is unlawful. The…more
| Civil Rights, Privacy, Science, Computers, & Technology

SEC Adopts CEO Pay Ratio Disclosure Rules

The SEC has adopted rules requiring companies to disclose the pay ratio between their CEO and median compensated employee. Last week, the Securities and Exchange Commission (the SEC) adopted final rules requiring companies…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

What To Expect in the Remainder of the 2015 Proxy Season

In this lw.com interview Latham & Watkins partners Steven Stokdyk and Jim Barrall discuss shareholder proponent types, director voter results, proxy puts and other 2015 shareholder activism trends. “There are victories in…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Italian Corporate Governance Code Amended to Include Corporate Social Responsibility and Whistleblowing Provisions for Listed Companies

Italian Listed Companies should implement changes by the end of the 2016 fiscal year. On July 10, 2015, the Corporate Governance Committee (the Committee) approved certain amendments to the Corporate Governance Code of…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade

How to Navigate the SEC’s Proposed Mandate on Clawbacks

US publicly listed companies should plan now for proposed stringent policies and required disclosures. Under the long-awaited proposed rules adopted by the Securities and Exchange Commission on July 1, 2015, generally, all…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Bob Wyman: Is Cap-and-Trade Working for California? [Video]

Latham & Watkins Partner Bob Wyman, global Chair of the firm’s Environment, Land & Resources Department and global Co-chair of the Air Quality and Climate Change Practice, speaks at a conference organized by BizFed Institute at…more
| Environmental Law
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