Latham & Watkins LLP

Tax Law Extension Good News for Non-corporate Investors

Congress once again temporarily extends the 100 percent capital gains exclusion on “qualified small business stock.” On December 19, 2014, President Obama signed the Tax Increase Prevention Act of 2014 (the 2014 TIPA)…more
| Business Organizations, Commercial Law & Contracts, Securities Law, Taxation

CFPB Enforcement by the Numbers

A substantive and statistical analysis of the Consumer Financial Protection Bureau’s 62 publicly available enforcement actions to date reveals preliminary trends and patterns. Established in 2011 in the wake of the…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Real Estate - Residential

PJM Proposes Capacity Performance Rules That Will Present New Opportunities and Risks for Clean Energy Resources

In response to poor performance by many generation resources in the PJM region during the 2104 “Polar Vortex” and concerns over the increasing reliance on natural gas-fired generation resources in the PJM region, PJM filed under…more
| Energy & Utilities

Director Tenure: A Solution in Search of a Problem

Director tenure continues to gain attention in corporate governance as term limits become a cause célèbre. Proponents argue directors should no longer qualify as independent after 10 years of service, even though no law, rule or…more
| Commercial Law & Contracts

Federal Reserve Board Grants One-year Extension on Volcker Rule Conformance for Certain Covered Funds

The Federal Reserve today extended the Volcker Rule conformance period for legacy covered funds from July 21, 2015 to July 21, 2016, and also granted a further one year extension until July 21, 2017. At 3 pm today…more
| Finance & Banking

To Fix the Technology Glitches, SEC Imposes New Regulation SCI on the Markets

Detailed rules will become effective February 2015, with compliance required by November 2015. On November 19, 2014, the Securities and Exchange Commission (the Commission) adopted new rules for technology infrastructure…more
| Commercial Law & Contracts, Science, Computers, & Technology, Securities Law

4 Key Lessons from Integrity Staffing Solutions v. Busk

While helpful to some employers, Integrity Staffing Solutions v. Busk does not fundamentally change the law of compensable working time. On December 9, 2014, the U.S. Supreme Court issued its much-anticipated decision in…more
| Labor & Employment Law

Flexible Financing Crosses the Pond — For Those Who Can Get It

In the last six months we have seen some sponsors on European deals successfully securing greater flexibility to incur further debt within their day one capital structure, in line with market practice in the US. The…more
| Finance & Banking, International Law & Trade

Top 10 Things to Know About President Obama’s Cuba-Related Announcement

While signalling a dramatic shift in the US-Cuba relationship, the President’s authority to lift sanctions is limited in several key respects. On December 17, 2014, President Obama announced that the United States will…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

Megatrends in M&A: 3 Key Regional Opportunities

With the rise in frequency of mergers & acquisitions (M&A) in Africa, the 26 percent growth of M&A in the Middle East this year and the global volume and value of M&A at its highest for years in the first three quarters of 2014,…more
| Finance & Banking, Mergers & Acquisitions, International Law & Trade

The M&A Outlook in the Middle East: A Look Back at 2014 and Beyond

The Megatrends in Mergers & Acquisitions conference held in October 2014 focused on the evolving M&A landscape, promoting inbound and outbound M&A in the Middle East, and general industry trends. Among the speakers at the event…more
| Commercial Law & Contracts, Mergers & Acquisitions

Employees May Use Company Email to Support Unions

Employers who provide email access to employees may have provided employees with a powerful union-organizing tool. On December 10, 2014, the National Labor Relations Board (NLRB) issued a decision reversing a 2007 NLRB…more
| Labor & Employment Law

Bolt-on Acquisitions Risk Exposure to Surge of CMA Interim Enforcement Orders

The advent of the UK’s new Competition and Markets Authority (CMA) has resulted in a surge of interim enforcement orders (IEOs). IEOs typically require a standstill in relation to acquired businesses, and prevent purchasers from…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions

Second Circuit Redefines “Personal Benefit” in Insider Trading Case

Breaking from precedent, the Second Circuit sets a new standard for the personal benefit element of insider trader liability. On December 10, 2014, the United States Court of Appeals for the Second Circuit reversed the…more
| Commercial Law & Contracts, Criminal Law, Business Torts, Securities Law

How to Protect Attorney-client Privilege in Internal Investigations

While attorney-client privilege can protect many internal documents, recent court decisions highlight the need to explicitly invoke this protection. As many US policies now require an increased level of internal…more
| Civil Procedure
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