Morgan Lewis

German Regulator BaFin Opens the Way for Credit Funds in Germany

By changing its administrative practice, the BaFin allows loan origination and loan restructuring by investment funds in Germany. On 12 May, the German Federal Financial Supervisory Authority (BaFin) published changes to…more
| Finance & Banking, International Law & Trade

US Fish and Wildlife Service Considering Permit Program Under the Migratory Bird Treaty Act to Cover Commercial and Industrial Activities

For the first time, the US Fish & Wildlife Service (FWS) is considering a proposed rulemaking to authorize the unintentional injury or killing of migratory birds by certain commercial and industrial activities…more
| Environmental Law

SEC Proposes Rules to Enhance Information Reported by Investment Advisers

The proposed rules would require expanded reporting about separately managed accounts and other aspects of an adviser’s business, allow consolidated registrations for certain private fund advisers that operate a single advisory…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Deadline for Filing BE-10 Has Been Extended for New Filers

The new deadline is June 30. On May 19, we issued a LawFlash regarding the BE-10 reporting requirements for private funds and private fund managers…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Tibble v. Edison International Decision Finds Ongoing Duty to Monitor Investments in 401(k) Plans

The Supreme Court holds that ERISA’s limitations period does not bar an alleged breach for failure to monitor a plan’s investments. Background - On May 18, the Supreme Court issued a unanimous decision in Tibble v…more
| Business Torts, Civil Procedure, Finance & Banking, Labor & Employment Law

New York Issues Tax Advisory Opinion Regarding Cloud Computing Product

The new guidance addresses the New York sales and use tax treatment of cloud computing services. Background - On April 14, the New York State Department of Taxation and Finance (the Department) issued Advisory…more
| Commercial Law & Contracts, Science, Computers, & Technology, Taxation

District Court Imposes Divisibility Cap on Superfund Liability

A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river…more
| Civil Procedure, Civil Remedies, Environmental Law, Toxic Torts, Real Estate - Commercial

Mutual Funds with CFCs: Take Note of BE-10 Reporting Requirements

Mutual funds with Controlled Foreign Corporations may need to file a BE-10 with the Bureau of Economic Analysis or request an extension before the reporting deadline…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, USCIS will temporarily suspend the 15-day premium processing service for all H-1B Extension of Stay petitions until July 27 to allow it to implement the H-4 Employment Authorization Document final rule in a…more
| Labor & Employment Law, Immigration Law

ICMA Publishes Updated Model Sovereign Bond Clauses

The model clauses should lead to greater consistency and efficiency in sovereign bond restructurings. On May 11, the International Capital Market Association (ICMA) published a revised version of its model collective…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

SEC Proposes Rules Affecting Funds and Advisers

Proposals would impose new disclosure requirements designed to enhance the SEC’s ability to monitor the industry. On May 20, the US Securities and Exchange Commission (SEC) unanimously approved proposals intended to…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Deadline for Filing BE-10 Approaches for Private Funds and Private Fund Managers

Most private funds or their managers will be required to file a BE-10 with the US Department of Commerce by May 29th. This year marks the return of the BE-10, the five-year benchmark survey of US direct investment abroad…more
| Finance & Banking, International Law & Trade, Securities Law

DOL’s Proposal To Expand Fiduciary Definition Would Bring Many Service Providers Into Scope

As we previously reported, the US Department of Labor (DOL) released its reproposed rule “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” on April 14. The initial deadline for comments on the…more
| Health, Insurance, Labor & Employment Law

DOJ: Companies Need Not Expend Exorbitant Fees to Get Full Cooperation Credit

During an FCPA panel event, the Chief of the US Department of Justice’s Fraud Section advised companies to conduct “targeted” FCPA investigations, dismissing the suggestion that companies must spend hundreds of millions of…more
| Administrative Law, Business Organizations, Criminal Law, International Law & Trade, Government Contracting

Trade Bills Continue to Forge Ahead to the Finish Line

On May 14, the Senate passed customs reauthorization trade preference legislation and gave an affirmative cloture vote for the Trade Promotion Authority Act and the Trade Adjustment Assistance program. As part of a…more
| Elections & Politics, Government Contracting, International Law & Trade
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