Ropes & Gray LLP

An Englishman’s Home is His Castle – Just!

Since the Land Registration Act 1925 the register of land in England and Wales has been interested only in legal title. All this is set to change. The Prime Minister announced on 12 May 2016 that any foreign company looking to…more
| Business Organizations, International Law & Trade, Real Estate - Commercial, Real Estate - Residential, Securities Law

New FLSA Rule Raises Minimum Salary Thresholds for Exemption from Overtime

In 2014, President Obama signed a Presidential Memorandum directing the U.S. Department of Labor (the “DOL”) to update the regulations that define which white collar workers are exempt from the overtime provisions of the Fair…more
| Labor & Employment Law

Supreme Court’s Spokeo Decision Erects Barriers for Privacy and Data Security Plaintiffs

On May 16, 2016, the United States Supreme Court in Spokeo, Inc. v. Robins confirmed that a “concrete” injury is required of all private parties seeking to assert claims in federal court, even those alleging violations of a…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Constitutional Law, Privacy

U.S. Patent Trial and Appeal Board Designates Five New Post-Grant Review Decisions as “precedential” and Thus Binding on the Board

On May 9, 2016, the Patent Trial and Appeal Board (PTAB) designated as “precedential” four Inter Partes Review (IPR) decisions and one Covered Business Method (CBM) Patent Review decision. This almost triples the total number of…more
| Intellectual Property

Senate Finance Report Puts another Nail in the POD Coffin

On May 10, 2016, the Senate Finance Committee Majority Staff released a long-awaited report entitled “Physician Owned Distributorships: An Update on Key Issues and Areas of Congressional Concern” (Report). The Report follows the…more
| Elections & Politics, Health, Science, Computers, & Technology

SEC Proposes Incentive-Based Compensation Rule: How to Determine Whether Your Firm Will Be Impacted

The SEC recently released a proposed rule (the “Rule”) with respect to the implementation of incentive-based compensation arrangements for certain “covered financial institutions” (which includes investment advisers). The Rule…more
| Business Organizations, Finance & Banking

First Circuit Decision Increases Risks to Businesses Under VPPA

On April 26, 2016, the First Circuit handed down a plaintiff-friendly Video Privacy Protection Act (“VPPA”) decision offering potentially expansive definitions of “subscriber” and “personally identifiable information.” The case,…more
| Privacy, Science, Computers, & Technology

President Obama Signs the Defend Trade Secrets Act into Law

On May 11, 2016, the President signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating the first federal civil remedy for trade secret misappropriation. Last month, the Senate unanimously passed the bill, S. 1890,…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Key Data Privacy and Security Concerns for Investment Firms

Privacy and data security concerns are among the most critical issues facing investment funds, advisors and managers (collectively, “investment firms”). This article outlines the privacy and data security challenges confronting…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Update: Proposed Rules Will Limit Buy-Side Remedies in a Financial Institution Failure

The Board of Governors of the Federal Reserve System (the “Board”) has proposed rules (the “Proposed Rules”) that represent a significant shift in the terms of over-the-counter derivatives, repurchase agreement and securities…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Update: New IRS Memo on Bad Boy Guarantees

Prior Alert. The March 17 Alert noted that the IRS in a Chief Counsel Advice ("CCA") had discussed the effect that certain “bad boy carve-out guarantees” (that would trigger contingent guarantee obligations if, for example, the…more
| Business Organizations, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Taxation

NCA and HMRC to Lead Taskforce to Investigate the Panama Papers

From early 2015, 11.5 million documents belonging to a Panamanian law firm, Mossack Fonseca, were provided to a German newspaper, Süddeutsche Zeitung, who shared them with the International Consortium of Investigative…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation

New York Court of Appeals Adopts Delaware Law, Affirming Business Judgment Deference for Controlling Stockholder Transactions Structured with Minority Protections

On May 5, 2016, New York’s highest court confirmed that, under New York law, business judgment deference—rather than more searching “entire fairness” review—applies to controlling stockholder transactions that are approved by a…more
| Business Organizations, Mergers & Acquisitions, Securities Law

To Mitigate or Not to Mitigate – That is the Question!

If you suffer loss as a result of negligent advice, do you have a duty to mitigate? If yes, what does that duty look like in practice? How far do you need to go in attempts to reduce the loss you have suffered? This was the…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

PCI SSC Releases Version 3.2 of Data Security Standard

On April 28, 2016, the Payment Card Industry Security Standards Council (the “PCI SSC” or “Council”) released a new version of its Data Security Standard (“PCI DSS”), version 3.2. Significantly, the updated standard requires…more
| Finance & Banking, Privacy, Science, Computers, & Technology
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Contact

Prudential Tower
800 Boylston Street
Boston, MA 02199-3600, United States

  • 617 951 7000
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Areas of Practice
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