Latham & Watkins LLP

China’s Supreme People’s Court Releases its First Decision Under China's Antimonopoly Law

Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct. Introduction – On 16 October 2014, China’s highest court…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Anticipating Activism: Implications for Your 2015 Annual Meeting of Stockholders

Activist investors often begin planning their campaigns as much as a year in advance of the annual meeting. This includes accumulating stock positions, coordinating with other hedge funds in so-called “wolf packs,” analyzing the…more
| Commercial Law & Contracts, Securities Law

Outstanding Design Flaws in California’s Cap-and-Trade Program

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers and…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking, Taxation

The Weakest Link in Intercreditor Agreements Breaks Again in Momentive

The U.S. Bankruptcy Court’s recent decision highlights the pitfalls of ambiguous intercreditor agreements for senior creditors. Why the Momentive case is important - Intercreditor agreements among secured creditors…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

Sarulla Geothermal Power Project To Serve As Blueprint For Future Projects

The 330-MW Sarulla geothermal power project stands to be the largest geothermal power project in Indonesia to date. A Latham & Watkins team led by partners Joseph Bevash, Clarinda Tjia-Dharmadi and Andrew Roche advised the…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, International Law & Trade

Draft Hong Kong Competition Guidelines Released for Public Comment

Industry has an opportunity to comment on the Competition Commission’s proposed Guidelines on how it intends to interpret and enforce the conduct rules in Hong Kong’s Competition Ordinance. Introduction - Hong…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Mergers & Acquisitions, International Law & Trade

Hedge Funds Word of the Day™ – Accelerated Share Repurchase  [Video]

Latham & Watkins partner Rafal Gawlowski explains the Hedge Funds term Accelerated Share Repurchase, a method used by an issuer to buy back its own shares from the market via a dealer. For additional definitions of hedge fund…more
| Business Organizations, Finance & Banking

New Measures Aim to Support Listing and Capitalization of Italian Companies

The Italian Government aims to support investments and incentivize listing and capitalization of companies, with significant implications for both listed and non-listed companies. The new rules were introduced by law…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions

CARB Proposes Invalidating Offset Credits for Facility's Alleged RCRA Noncompliance

For the first time since California established its cap-and-trade market for greenhouse gas (GHG) emissions, the California Air Resources Board (CARB) has proposed canceling over 230,000 tons of offset credits due to a…more
| Energy & Utilities, Environmental Law

Five Key Considerations in China-related Arbitrations

Differences in enforcement and arbitral rules could cause difficulties for unwary parties engaged in or considering arbitration in mainland China. China’s economic growth has attracted significant foreign investment in…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade

California's Privacy Laws on the Move

The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into law: …more
| Education, Privacy, Consumer Protection, Science, Computers, & Technology

Modifiche recenti alla disciplina fallimentare

Alcune modifiche normative apportate recentemente alla legge fallimentare favoriscono la risoluzione della crisi aziendale rispetto alla soluzione liquidatoria, sostanzialmente in linea con le indicazioni della Raccomandazione…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade

The General Counsel’s Role Before and After a Data Breach Incident

“It is often said that there are two kinds of companies out there — those that have suffered a data breach and those that will have one,” said Latham & Watkins partner Kevin Boyle. “So it makes a lot of sense to be prepared in…more
| Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology

OIG Solicits Comments Regarding New Healthcare Rules

OIG Proposed Rule to Expand Safe Harbors under the Anti-Kickback Statute and Exemptions under Civil Monetary Penalties Law - The Department of Health and Human Services, Office of Inspector General (OIG) released a…more
| Commercial Law & Contracts, Health

A Step Toward Expediting California Clean Energy Permits

On Sept. 23, 2014, the California Energy Commission, California Department of Fish and Wildlife, U.S. Bureau of Land Management, and U.S. Fish and Wildlife Service released the Draft Environmental Impact Report/Environmental…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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