Latham & Watkins LLP

Amendments to Spanish Corporate Laws Add Flexibility to Bond Issuances by Spanish Companies

New rules relax certain structural and procedural legal restrictions, helping Spanish companies access debt capital markets. On 27 April 2015, the Spanish parliament passed Law 5/2015, of 27 April, of corporate finance…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking

SEC Enforcement Division Issues Guidance on Venue Selection

Respondents in SEC enforcement actions increasingly will litigate a wide array of matters in administrative proceedings, rather than having their day in federal district court. In the wake of significant public attention…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Securities Law

Be Prepared for the BEA’s Increased Reporting Requirements and Upcoming Deadlines

Private equity firms are subject to new mandatory BEA reporting requirements on US direct investment abroad and foreign direct investment in the US. The Bureau of Economic Analysis (BEA) of the US Department of Commerce…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Unmanned Aircraft Systems Receive Lift From New Bill

Two US Senators propose temporary legislation to support UAS commercial development in the US, ensuring the US industry remains competitive. The US is lagging behind globally in the commercial integration of Senators —…more
| Elections & Politics, Transportation

UPDATE: Cross-border Leveraged Lending – Consider Changes Needed to US Intercreditor Agreements for Financings with European Elements

Hybrid US/European restructurings can lead to unexpected commercial outcomes because of different practices in intercreditor agreements. The US loan markets continue to attract European borrowers whenever US pricing dips…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Kuwait Power and Water Projects to Flourish Following Publication of PPP Regulations

New PPP Regulations - Further to the publication of the new PPP law in August 2014, the corresponding executive regulations were published in the official gazette on 29 March 2015…more
| Construction Law, Energy & Utilities, International Law & Trade, Government Contracting

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill,…more
| Civil Procedure, Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

IRS Rulings Clarify Tax Treatment of Multi-Tier Restructuring Transactions

By declaring a controversial ruling obsolete, the IRS removes uncertainty surrounding the tax effects of certain corporate restructuring techniques. A pair of revenue rulings the US Internal Revenue Service (IRS) issued…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Taxation

The Department of the Interior does not list sub-population of greater sage-grouse as a threatened or endangered species, but broader review under the Endangered Species Act continues

On April 21, 2015, Sally Jewell, the Secretary of the Department of the Interior, announced that a sub-population of greater sage-grouse along the California-Nevada border does not require Endangered Species Act protection…more
| Administrative Law, Environmental Law

European Commission Announces a Digital Single Market Strategy for Europe

Content creators and content exploiters will need to review their licensing regimes and agreements if changes proposed by the European Commission are adopted. On 6 May 2015 the European Commission published its digital…more
| Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

IRS Proposes Guidance for Determining MLP Qualifying Income

Proposed regulations seek to provide rules for determining MLP qualifying income from certain activities and services performed with respect to minerals or natural resources. On May 5, 2015, the Internal Revenue Service…more
| Business Organizations, Commercial Law & Contracts, Energy & Utilities, Taxation

The DTEK Scheme: A New Way to Restructure US Law Bonds?

Double First: A Ukrainian group of companies breaks ground — first by changing the governing law of its high yield bonds from US to English law and then by being the first Ukrainian-based group to restructure via an English law…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade

New SEC Proposed Rules on Pay versus Performance

As early as the 2016 proxy season, most U.S. public companies may need to include new disclosures, and should start thinking about them now. On April 29, 2015, the Securities and Exchange Commission (the SEC) proposed…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

Is Your ORRI What You Think It Is?

Bankruptcy Court reinforces importance of parties’ intent in determining the nature of overriding royalty interests under state law. On April 2, 2015, the United States Bankruptcy Court for the District of Delaware (the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

Das Gesetz zur Quote tritt in Kraft

Nach der auch öffentlich lebhaft geführten Debatte um die Quote und der Vielzahl an Änderungen und Modifikationen im Rahmen des Gesetzgebungsverfahrens ist der finale Gesetzestext nunmehr in Kraft getreten. Viele Unternehmen…more
| Business Organizations, Civil Rights, Commercial Law & Contracts, Finance & Banking, Securities Law
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