Latham & Watkins LLP

Opinion White Paper: Relating to Section 316(b) of the Trust Indenture Act

The purpose of this White Paper is to provide guidance to practitioners in their consideration of the application of recent judicial opinions relating to Section 316(b) of the Trust Indenture Act of 1939, as amended (the “TIA”)…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Defend Trade Secrets Act Passes Congress

With President Obama’s signature expected, DTSA will allow for new federal civil suits, ex parte seizures, and whistleblower protections. After unanimously passing the Senate earlier this month, the Defend Trade Secrets…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Intellectual Property

The Panama Effect: UK Government accelerates proposals to criminalise failure to prevent tax evasion

10 considerations for professionals and corporates worldwide in advance of the new law. Overview - In a move widely seen as a response to the so-called “Panama Papers” revelations, the UK Government has enhanced and…more
| Criminal Law, Elections & Politics, Finance & Banking, International Law & Trade, Taxation

The Continued Migration of US Covenant-Lite Structures into the European Leveraged Loan Market

At the start of 2016, global sponsors and their advisers are the US leveraged loan and global bond markets to the European leveraged loan market. Healthy investor appetite over the last several years means attractive terms can…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Premerger Notification Arrives in the Philippines

The Philippine Competition Commission has implemented compulsory merger control, while other Philippine antitrust provisions await full application. The world’s 12th most populous nation joins the global antitrust community…more
| Antitrust & Trade Regulation, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions

Turkey: Amendments to PPP legislation on way

The Republic of Turkey has been undergoing a largescale reform in the healthcare sector in the past decade, spearheaded by the Ministry of Health under its Health Transformation Program which was launched in 2003. The EUR 20…more
| Commercial Law & Contracts, Construction Law, Elections & Politics, Finance & Banking, International Law & Trade

French Anti-Corruption Reform Expected In 2016

France to introduce significant changes affecting large companies and top management, to improve current anti-bribery system. The French Parliament is expected to enact “Sapin II” on transparency, anti-corruption and…more
| Commercial Law & Contracts, Criminal Law, Elections & Politics, Finance & Banking, International Law & Trade

Are Changes in Store for the Stored Communications Act?

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA…more
| Communications & Media Law, Constitutional Law, Criminal Law, Elections & Politics, Privacy

China One of First Countries to Sign Paris Agreement

China, along with leaders from more than 150 countries, signed the Paris Climate Change Agreement in New York on April 22, 2016. New York Signing Update - Following final negotiation on December 12, 2015, April 22,…more
| Energy & Utilities, Environmental Law, International Law & Trade

SCOTUS Oral Argument Suggests FCA Implied Certification Theory Is Here to Stay – But Perhaps with Limits

Oral argument in Universal Health indicates Justices disinclined to categorically reject False Claims Act implied certification theory, though may limit its scope. On April 19, 2016, the United States Supreme Court heard…more
| Civil Procedure, Government Contracting, Health

Treasury Issues Stringent Inversion Regulations, Proposes Far-Reaching Related-Party Debt Rules

New regulations expand prior guidance reducing tax benefits of inversions. Proposed debt-equity rules will impact even routine intercompany transactions. On April 4, 2016, the US Department of the Treasury (Treasury) and…more
| Finance & Banking, International Law & Trade, Mergers & Acquisitions, Securities Law, Taxation

Treasury Targets Related-Party Debt with Proposed Regulations to Treat Debt as Equity

Proposed regulations would establish a sweeping framework to treat debt as equity in an effort to curb the use of “excessive” related-party debt. On April 4, 2016, the US Department of the Treasury (Treasury) and the…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law, Taxation

Analysis of the FCC’s Proposed Broadband Privacy Regulations

As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Volatility vs. Stability: M&A Trends to Watch in Oil & Gas [Video]

The recent volatility of commodity prices has affected deal activity in the oil & gas industry. Latham partners Simon Tysoe and Sean Wheeler sit down to discuss the impact on current and forward looking trends in the…more
| Energy & Utilities

New Chinese Soil Pollution Law Planned for 2017 Could Be Accelerated

On April 17, 2016, China Central Television (CCTV), the country’s state-run broadcast network, aired a report claiming that nearly 500 students apparently developed illnesses (including leukemia) at a school built on…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use
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