Latham & Watkins LLP

Securities Law in France: 9 Recent Legal Developments

In the last six months, various legal developments have taken place in the field of securities law in France. 1. The Law of 29 March 2014 introduced certain legal and regulatory provisions relating to takeover bids in…more
| Securities Law

The Who, What, When, Where, Why and How of Proxy Supplements and Amendments

In light of the approaching 2015 annual stockholder meeting season, below is an overview of the essential facts on proxy supplements and proxy amendments or revisions. Determining whether and how to amend proxy material requires…more
| Commercial Law & Contracts, Securities Law

UPDATE: Swap Dealers Will Face Significant Challenges from Reproposed Margin Rules for Uncleared Swaps

Note: This version includes an additional section on the Terrorism Risk Insurance Program Reauthorization Act of 2015, which amends certain provisions of the Dodd-Frank Act to exempt certain counterparties from the initial and…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

A New Tool for Holdout Bondholders: The Trust Indenture Act

Restructuring decision broadly interpreting bondholder protections under the Trust Indenture Act may significantly impact out-of-court restructurings. On December 30, 2014, the US District Court for the Southern District…more
| Bankruptcy, Finance & Banking

Annual HSR Threshold Adjustments Announced

FTC adjusts the Hart-Scott-Rodino Act size thresholds, inter alia, to raise the minimum size for reportable acquisitions to $76.3 million. On January 15, 2015, the Federal Trade Commission announced new jurisdictional…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

How Oil and Gas Companies can Optimize Technology Performance and Costs During Oil Price Volatility

An unexpected surge in production coupled with weakened global demand has resulted in a 50 percent drop in the price of crude oil since June 2014 and currently averaging US$50 a barrel. The Organization of the Petroleum…more
| Commercial Law & Contracts, Energy & Utilities, International Law & Trade, Science, Computers, & Technology

Antitrust Division’s Stepped-up Level of Enforcement Is Expected To Continue Into 2015

“Enhanced enforcement is going to continue throughout this administration, and there are several factors that play into that,” said Latham & Watkins partner Lawrence Buterman. “The DOJ’s Antitrust Division has been quite…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Elections & Politics

Preparing for the Roll Out of the European Patent Reforms

In this lw.com interview, Latham & Watkins counsels Charles Courtenay and Christian Engelhardt and associate Donald McCombie discuss the impact of the new Unified Patent Court (UPC) on existing European Patents and outline how…more
| Civil Procedure, Intellectual Property, International Law & Trade

Abu Dhabi Global Market Issues First Wave of Draft Regulations and Related Consultation Papers

On 8 January 2015, the Abu Dhabi Global Market (Global Market), Abu Dhabi’s new financial free zone, located on Al Maryah Island, issued a first wave of draft regulations and related consultation papers. The Global Market’s…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Navigating the Risks of Omnichannel Retail

Digital innovation is reinventing the retail experience. IT is changing the way retailers interact with customers by integrating sales and communication channels, enabling in-store digital interfaces and diversifying payment…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

CFTC Proposes to Clarify 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. The comment period recently closed for a proposed interpretation (the Proposal) to further…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final Foreign…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade

Financial Statement Requirements in US Securities Offerings: What You Need to Know

In This Report: - Introduction - The Basics - Background to Financial Statement Requirements - What Financial Statements Must Be Included in Public Offerings? - When Does Financial…more
| Business Organizations, Finance & Banking, Securities Law

Financial Statement Requirements in US Securities Offerings: What Non-US Issuers Need to Know

In This Report: - Introduction - Background - What Is a “Foreign Private Issuer”? - Some Key Ways in which Foreign Private Issuers Are Treated Differently than Domestic US Issuers - The…more
| Business Organizations, International Law & Trade, Securities Law

European Banking Authority Risk Retention Report – Key Guidance Still Missing

Annual report generally confirms EU risk retention rules but fails to provide guidance regarding originator special purpose entities - On 22 December 2014, the European Banking Authority (EBA) issued its report on…more
| Finance & Banking, Insurance, International Law & Trade
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