Pillsbury Winthrop Shaw Pittman LLP

Proposed Regulations Target Management Fee Waivers

In the Federal Register for July 23, 2015, the Treasury Department published proposed regulations regarding the circumstances under which partnership allocations and distributions will be treated as disguised payments for…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Taxation

Consumer Group Asks FTC to Adopt EU’s Right to be Forgotten

Last year we wrote about the EU’s adoption of an individual’s “right to be forgotten”, which gives Europeans the right to require search engines to remove information about them from search results for their own names, if the…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Court of Appeals Warns Against Complacency in the PSLRA’s Safe Harbor

SEC Rule 10b-5 makes it unlawful to misstate a material fact (or omit to say something if the omission would render misleading what you do say) in connection with the purchase or sale of a security. The Private Securities…more
| Business Organizations, Civil Procedure, Finance & Banking, Securities Law

Angie’s List Accuses Amazon of Home Improvement Hijinks

Even freed from bricks and mortar, online retailers and service providers are realizing that market share is not infinite. A complaint recently filed by Angie’s List Inc. against Amazon Local LLC for its newly launched online…more
| Civil Procedure, Communications & Media Law, Business Torts, Science, Computers, & Technology

Social Media Adds Kick to Beer-Themed Trademark Battle

As social media and the numerous platforms continue their exponential growth in popularity and constant evolvement, legal issues surrounding their use also will inevitably emerge. A recent case filed in the Western District of…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property

Department of Labor Says Most Workers Are Employees Under FLSA: Ultimate Test Is Economic Dependence

On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2015-1, adopting a very expansive interpretation of the definition of employees under the Fair Labor…more
| Labor & Employment Law

U.S. Capital Markets Regulation and Practices: An Overview for Non-U.S. Companies

Capital markets in the United States provide an unparalleled source of investment capital, measured in trillions of dollars, for companies located outside the United States. For non-U.S. companies (which we refer to in this…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Starting September 1st, Texas Will Require Cash Redemption of Certain Stored Value Cards

Commencing on September 1, 2015, Texas will join several other states in requiring that certain stored value cards be redeemable for cash. Texas House Bill 2391, which becomes effective September 1, 2015, requires cash…more
| Consumer Protection, Finance & Banking

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive…more
| Civil Rights, Constitutional Law, Real Estate - Residential, Taxation, Zoning, Planning & Land Use

Uber is Driving an Unknown Road: How Certain App Features Can Help

Last Friday, Homejoy—a startup that provided on-demand house cleaners—announced that it will be shutting down at the end of July. In an interview with Re/Code, Homejoy’s CEO attributed its fall to the recent Uber decision,…more
| Communications & Media Law, Labor & Employment Law, Science, Computers, & Technology, Transportation

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims…more
| Business Organizations, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Commercial

Liberalization of Policy on E-Commerce from Shanghai Free Trade Zone to All of China: Allows Complete Foreign Ownership in E-Commerce Operations Nationwide

On June 19, 2015, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated a new policy, Opinions on Lifting Restrictions on the Foreign Equity Ratio for Online Data Processing and Transaction Processing…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Science, Computers, & Technology

AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the powers…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Delaware Liberalizes Procedures for Issuance of Stock

On June 24, 2015, the Delaware State Legislature enacted various amendments to the General Corporation Law of the State of Delaware (the “DGCL”), including one providing greater flexibility to the board of directors of Delaware…more
| Business Organizations, Securities Law

New York State Department of Taxation and Finance To Disregard Single-Member LLC Interests for New York Estate Tax

In a recent New York State Advisory Opinion, the New York State Department of Taxation and Finance advised that a federal income tax entity classification election could impact whether property held by a nonresident through a…more
| Business Organizations, Real Estate - Commercial, Taxation, Wills, Trusts, & Estate Planning
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