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Attorney	Latest Publications
Lauren A. Abbott	Now in Effect: Pennsylvania’s Banking Modernization Package Three bills – H.B. 2368, H.B. 2369, and H.B. 2370 – that greatly expand the regulatory and enforcement tools available to the Pennsylvania Department of Banking and Securities ("Department"), bring Pennsylvania law into…more Banking Law Modernization Package, Dodd-Frank	See All Updates »
Alexandra Allan	Is payment of hire a condition: a long-standing controversy resolved Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra) [2013] EWHC 865 (Comm) - On 18 April 2013, Flaux J handed down his judgment in Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra). The judgment provides long-awaited…more Commercial Contracts, Damages, Failure To Pay, Hiring & Firing, Loss of Income	See All Updates »
Arash Amai	Commentary on the new UAE Competition Law (Federal Law No. (4) of 2012) Introduction - The UAE’s first antitrust/competition legislation recently came into effect on 23 February 2013. Federal Law No. (4) of 2012 (Law), primarily regulated by the Ministry of Economy, aim to prohibit and…more Competition, Exclusive Dealing Agreements, Middle East, Penalties, Price-Fixing	See All Updates »
Mary-Anne Anderson	Gender Balancing: It's Good Business As the word “diversity” has evolved in our culture to become a code word for the inclusion of racial, gender, and ethnic minorities, we sometimes lose sight of the key element of diversity that makes it significant in our…more Business Development, Diversity	See All Updates »
Philip Antcliffe	Issues Arising in Commodity Inventory Finance Introduction - The knock-on effects of the global economic crisis have influenced the financing of the commodities trading industry. Changes in the regulatory landscape in Europe and the United States have likewise…more Commodities, Commodity Trading Advisers, Contract Drafting, Financing, Intermediaries	See All Updates »
Daja Apetz-Dreier	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Rebecca Archer	North American Grain: key differences between standard forms (2) This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA)…more Contract Drafting, Exports	See All Updates »
Jeffrey G. Aromatorio	ISS Releases 2013 Policy Updates Institutional Shareholder Services ("ISS") recently released its 2013 policy updates for the United States, Canada, Europe, Asia and other international markets. With respect to U.S. Corporate Governance Policies, significant…more Compliance, ISS, Say-on-Pay, Shareholders	See All Updates »
Lori Atkin	PBGC Issues Proposed Rule on Reportable Events On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many…more ERISA, PBGC, Pensions, Reporting Requirements	See All Updates »
Kyle Bahr	New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of Pennsylvania For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any…more Criminal Defense, Proffer Agreement, White Collar Crimes	See All Updates »
Jenny C. Baker	PBGC Issues Proposed Rule on Reportable Events On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many…more ERISA, PBGC, Pensions, Reporting Requirements	See All Updates »
Ellen Bastier	IRS Releases New Guidance on Beginning of Construction Prior to the enactment of the American Taxpayer Relief Act of 2012 (the "Act"), the production tax credit (the "PTC") had been scheduled to expire for wind projects that were not placed in service before January 1, 2013, and for…more Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test, Production Tax Credit	See All Updates »
Adam P. Beckerink	Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013) Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Illinois. Every three months we will be giving you updates on the key cases and administrative releases, as well as providing…more Audits, Department of Revenue, Income Taxes, Proposed Legislation	See All Updates »
Brent Beissel	Massachusetts Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013) The first quarter of 2013 saw Massachusetts developments for some the biggest tax issues facing the state, including taxation and sourcing of cloud computing, SaaS and other web-based software products and services; application…more	See All Updates »
Gordon Bell	New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become ‘final’? On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered…more Adjudicatory Process, Dispute Resolution Boards, FIDIC Contracts	See All Updates »
Leonard A. Bernstein	CFPB Investigates Captive Mortgage Reinsurance The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines…more Captive Insurance Company, CFPB, Insurance Companies, Investigations, Lenders	See All Updates »
John Berringer	Faulty Workmanship Can Be An Accident After a spate of bad decisions for policyholders on whether general liability policies can ever provide coverage for construction liabilities, three courts, in the past few weeks, have done an about-face, holding that there is…more Commercial General Liability Policies, Construction Defects, Subcontractors	See All Updates »
Stephen Blazick	Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption…more Fracking, Marcellus Shale, Mining, Pollution Control, Sales & Use Tax	See All Updates »
Michael E. Bleier	Now in Effect: Pennsylvania’s Banking Modernization Package Three bills – H.B. 2368, H.B. 2369, and H.B. 2370 – that greatly expand the regulatory and enforcement tools available to the Pennsylvania Department of Banking and Securities ("Department"), bring Pennsylvania law into…more Banking Law Modernization Package, Dodd-Frank	See All Updates »
Kelly Bley	PBGC Issues Proposed Rule on Reportable Events On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many…more ERISA, PBGC, Pensions, Reporting Requirements	See All Updates »
Paul Bond	In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and Present Danger to Data Breach Class Actions In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty…more Article III, Clapper v. Amnesty International, Data Breach, FISA, Human Rights	See All Updates »
Dennis R. Bonessa	DOL Releases Exchange Notice Guidance and Model Notices On May 8, the Department of Labor ("DOL") issued guidance regarding the requirement that employers provide notice to employees describing the coverage options available under Health Insurance Marketplaces (formerly known as…more Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, Healthcare	See All Updates »
Nancy Bonifant	The Sunshine Physician Payment Final Rule Overview and Analysis On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released the long-awaited Final Rule (Rule) to implement the “Sunshine” provisions of the Affordable…more Affordable Care Act, CMS, Healthcare, HHS, Manufacturers	See All Updates »
Daniel Booker	CFPB Investigates Captive Mortgage Reinsurance The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines…more Captive Insurance Company, CFPB, Insurance Companies, Investigations, Lenders	See All Updates »
Sophie Borenstein	Global Perspectives - Fall 2012 In this issue: - Important Changes to Employee Share Plans in UK - Significant Changes to Stock Options and RSUs (free shares) in France - Year-End Global Stock Plan Reporting Requirements - Recent…more Employee Stock Purchase Plans, EU, Executive Compensation, Stock Options	See All Updates »
Chris Borg	Trading Windows: A View on a Transparent World? A key feature of the price assessment processes utilised by price reporting agencies (PRAs), such as Platts, Argus and ICIS in the oil and gas markets, is the "Market-on-Close" (MOC) approach. An important part of the MOC…more Commodities, eWindow, Market-on-Close, Price Reporting Agencies, Trading Window Approach	See All Updates »
M. Tamara Box	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Claude Brown	Issues Arising in Commodity Inventory Finance Introduction - The knock-on effects of the global economic crisis have influenced the financing of the commodities trading industry. Changes in the regulatory landscape in Europe and the United States have likewise…more Commodities, Commodity Trading Advisers, Contract Drafting, Financing, Intermediaries	See All Updates »
Douglas Cameron	On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies –…more Construction Contracts, Construction Defects, Faulty Workmanship, Liability Insurance	See All Updates »
Elizabeth Carder-Thompson	The Sunshine Physician Payment Final Rule Overview and Analysis On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released the long-awaited Final Rule (Rule) to implement the “Sunshine” provisions of the Affordable…more Affordable Care Act, CMS, Healthcare, HHS, Manufacturers	See All Updates »
Peter Cassidy	Resource nationalism and its impact on infrastructure projects Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states…more Adaptation Clauses, Bilateral Investment Treaties, Choice-of-Law, Dispute Resolution, Economic Stability Clause	See All Updates »
Richard Ceeney	The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2 Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to…more	See All Updates »
Nadia Chatraoui	Investing in luxury properties in France: a counterflow strategy that could pay off Since the new taxation reform was passed earlier this year, a number of wealthy owners have moved out of France and put up their properties for sale. This resulted in an exceptional price fall of up to 15% for properties over €2…more EU, Property Tax, Real Estate Market	See All Updates »
Angelo Ciavarella	IRS Issues Guidance on Application Process for Tax Credits for Manufacturers of Renewable Energy Property The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") added a number of significant new tax incentives for businesses engaged in the renewable energy market, including a program that provides a tax credit to…more American Recovery and Reinvestment Act, DOE, Manufacturers, Renewable Energy, Tax Incentives	See All Updates »
Peter Clark	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Helena Clarke	ReSearch Memo - New security registration regime in the UK On 6 April 2013 new legislation governing registration of security at Companies House came into force. The new rules apply to any charges created on or after 6 April 2013. The main changes to the registration regime are..…more Criminal Sanctions, Documentation, New Legislation, Registration	See All Updates »
Daniel Cody	Part B Inpatient Billing in Hospitals Introduction - On March 13, 2013, the Centers for Medicare & Medicaid Services (CMS) concurrently issued CMS Ruling Number CMS-1455-R (the Administrator’s Ruling) and a proposed rule, “Part B Inpatient Billing in…more CMS, Hospitals, Inpatient Billing, Pending Legislation	See All Updates »
David Cohen	New Federal Rules Could Change Discovery As We Know It In April of this year, the Civil Rules Advisory Committee ("Advisory Committee") will consider proposals to limit the scope of discovery under the Federal Rules of Civil Procedure (the "Rules"). The proposed amendments could…more Discovery, Federal Rules of Civil Procedure	See All Updates »
W. Thomas Conner	SEC Lifts Moratorium on Non-Leveraged, Actively Managed ETFs that Use Derivatives On December 6, 2012, Norm Champ, Director of the Division of Investment Management of the Securities and Exchange Commission ("SEC"), announced an end to the moratorium on issuing exemptive orders to non-leveraged, actively…more Derivatives, ETFs, Investment Company Act of 1940, Moratorium, SEC	See All Updates »
J. Ferd Convery , III	IRS Releases New Guidance on Beginning of Construction Prior to the enactment of the American Taxpayer Relief Act of 2012 (the "Act"), the production tax credit (the "PTC") had been scheduled to expire for wind projects that were not placed in service before January 1, 2013, and for…more Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test, Production Tax Credit	See All Updates »
Andrew P. Cross	SEC Lifts Moratorium on Non-Leveraged, Actively Managed ETFs that Use Derivatives On December 6, 2012, Norm Champ, Director of the Division of Investment Management of the Securities and Exchange Commission ("SEC"), announced an end to the moratorium on issuing exemptive orders to non-leveraged, actively…more Derivatives, ETFs, Investment Company Act of 1940, Moratorium, SEC	See All Updates »
Elinor Crowther	New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become ‘final’? On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered…more Adjudicatory Process, Dispute Resolution Boards, FIDIC Contracts	See All Updates »
Marty Dakessian	California Court Finds Securitization Entities Subject to California Income Tax A California Superior Court has issued a decision with significant impact on financial services. In the case, Harley-Davidson, Inc. v. Franchise Tax Board, San Diego Superior Court Judge Joel Pressman held that bankruptcy-remote…more Income Taxes, Securitization, SPEs	See All Updates »
Luke Debevec	District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"…more CERCLA, Contamination, Duty to Defend, Insurers, Pollution Exclusion	See All Updates »
Malin Delling	Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract A Texas Court of Appeals has held that parties to a natural gas gathering contract are required to utilize arbitration—despite the absence of an arbitration provision in the contract—because the case cannot be decided without…more Arbitration, Arbitration Agreements, Contract Interpretation, Oil & Gas	See All Updates »
Lawrence Demase	Conventional and Unconventional Operators: Know your Rights re GHG Reporting Summary: If you are a conventional or unconventional oil and gas operator in Pennsylvania, you have likely received a recent letter from DEP requiring, for the first time, reporting of your greenhouse gas (GHG) emissions…more Greenhouse Gas Emissions, Oil & Gas	See All Updates »
Louis DePaul	First Inventor to File System Dictates Changes in Patent Filing Strategies One of the most significant provisions of the recently enacted America Invents Act (AIA), the change from a "first to invent" system to a "first inventor to file" system, will go into effect March 16, 2013. Currently, the first…more America Invents Act, First-to-File, First-to-Invent, Patents, Post-Grant Review	See All Updates »
Pryderi Diebschlag	COP18 - Doha 2012: Day 12 & 13 of the Conference Introduction - The plenary sessions of the AWG-LCA and AWG-DP finally closed in the late afternoon of Friday 7 December 2012, leaving many issues to be put to the COP for resolution. With the COP meeting only opening for…more Climate Change, COP, Green Energy, Kyoto Protocol	See All Updates »
Daniel Dixon	Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption…more Fracking, Marcellus Shale, Mining, Pollution Control, Sales & Use Tax	See All Updates »
Jesse M. Dove	New Proposed Regulations Released Under the Affordable Care Act The Obama administration recently released three important proposed regulations under the Patient Protection and Affordable Care Act (the "ACA"). These proposed regulations, the highlights of which are discussed below, aim to..…more Affordable Care Act, Essential Health Benefits, Wellness Programs	See All Updates »
Lindsay East	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Stephen Edwards	Copyright remedies: High Court rejects application for proprietary relief Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a clear…more Copyright, Copyright Infringement, Remedies	See All Updates »
Susan Edwards	Part B Inpatient Billing in Hospitals Introduction - On March 13, 2013, the Centers for Medicare & Medicaid Services (CMS) concurrently issued CMS Ruling Number CMS-1455-R (the Administrator’s Ruling) and a proposed rule, “Part B Inpatient Billing in…more CMS, Hospitals, Inpatient Billing, Pending Legislation	See All Updates »
Peter Ellis	Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment Law…more Contract Renewal, Franchise Agreements, Franchises, Good Cause, Proposed Legislation	See All Updates »
John Ellison	CFPB Investigates Captive Mortgage Reinsurance The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines…more Captive Insurance Company, CFPB, Insurance Companies, Investigations, Lenders	See All Updates »
Craig Enochs	Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract A Texas Court of Appeals has held that parties to a natural gas gathering contract are required to utilize arbitration—despite the absence of an arbitration provision in the contract—because the case cannot be decided without…more Arbitration, Arbitration Agreements, Contract Interpretation, Oil & Gas	See All Updates »
Kyri Evagora	North American Grain: key differences between standard forms (2) This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA)…more Contract Drafting, Exports	See All Updates »
Jean Farrell	Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to Transocean’s $750 Million in Insurance as 'Additional Insured' On March 1, 2013, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in In re Deepwater Horizon, No. 12-30230, 2013 WL 776354 (5th Cir. March 1, 2013), held that BP PLC ("BP") can access Transocean…more Additional Insured, BP, Deepwater Horizon, Gulf Oil Spill, Liability Insurance	See All Updates »
John Feldman	FTC Releases Guidance on Mobile Privacy Best Practices; Enters Into $800K Consent Order with Path The FTC guidance released February 1 is Mobile Privacy Disclosures: Building Trust Through Transparency: A Federal Trade Commission Staff Report. In Mobile Privacy Disclosures, the FTC as the primary federal regulator on privacy…more Consent, COPPA, Data Collection, Data Protection, FTC	See All Updates »
Siân Fellows	Sanctions Update This alert follows on from our client alert of 7 January 2013, relating to the implementation of Council Regulation (EU) No. 1263/2012 against Iran, which can be found here. The year 2013 will inevitably bring further…more Iran Sanctions, Sanctions	See All Updates »
Joseph Filloy	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Joanne Finch	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Thomas Fischl	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Lynne Freeman	The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2 Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to…more	See All Updates »
Frank Gallo	Pennsylvania Tax Developments This is a brief update on recent Pennsylvania tax developments. It is intended to provide an overview of issues and cases to watch, as well as administrative and legislative developments…more Amended Legislation, Compliance, Gross Receipts Tax, Market Based Approach, Sales & Use Tax	See All Updates »
Diane Galloway	North American Grain: key differences between standard forms (2) This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA)…more Contract Drafting, Exports	See All Updates »
Thomas Gierath	Steuerliche Änderungen bei Anlagen in ausländische Investmentfonds Deutschland wie auch andere Länder der EU bereiten derzeit die erforderlichen Gesetze zur Umsetzung der sog. AIFM-EU-Richtlinie vor, welche die aufsichtsrechtliche Regulierung von sog. Alternativen Investmentfonds mit sich…more AIFMD, EU, Foreign Investment, Mutual Funds	See All Updates »
Shariq Gilani	Up in the air – the suspension of the aviation EU ETS for non-EU airlines: UPDATE Since our client alert last week, the European Commission has published a draft Decision and ‘Questions and Answers’ (“Q&As”), elaborating on its proposal to ‘stop the clock’ on the international aviation elements of the EU…more EU ETS, ICAO	See All Updates »
Jennifer Goldstein	Connecticut Governor Proposes Tax Amnesty for Fall 2013 – Will It Be Worth the Wait? In January, Connecticut Governor Dan Malloy introduced S.B. 843, which includes a number of revenue items that are part of the governor’s 2014-2015 biennial state budget. Among the revenue items included in the bill is a tax…more State Budgets, Tax Amnesty	See All Updates »
Mark Goldstein	As Expected, New York City Council Overwhelmingly Enacts Paid Sick Leave Law In a move that was expected for weeks, the New York City Council on May 8, 2013 finally passed—by an overwhelming majority—a bill requiring city employers to provide employees with five days of annual paid sick leave, effective…more City Councils, Local Ordinance, Medical Leave, Municipalities, Paid Leave	See All Updates »
Rachel Golick	Part B Inpatient Billing in Hospitals Introduction - On March 13, 2013, the Centers for Medicare & Medicaid Services (CMS) concurrently issued CMS Ruling Number CMS-1455-R (the Administrator’s Ruling) and a proposed rule, “Part B Inpatient Billing in…more CMS, Hospitals, Inpatient Billing, Pending Legislation	See All Updates »
Alexandra Gordon	Sanctions Update This alert follows on from our client alert of 7 January 2013, relating to the implementation of Council Regulation (EU) No. 1263/2012 against Iran, which can be found here. The year 2013 will inevitably bring further…more Iran Sanctions, Sanctions	See All Updates »
Efrem Grail	New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of Pennsylvania For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any…more Criminal Defense, Proffer Agreement, White Collar Crimes	See All Updates »
Arnold Grant	IRS Releases New Guidance on Beginning of Construction Prior to the enactment of the American Taxpayer Relief Act of 2012 (the "Act"), the production tax credit (the "PTC") had been scheduled to expire for wind projects that were not placed in service before January 1, 2013, and for…more Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test, Production Tax Credit	See All Updates »
Diane Green-Kelly	Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment Law…more Contract Renewal, Franchise Agreements, Franchises, Good Cause, Proposed Legislation	See All Updates »
Angela Gregson	European Commission blocks Ryanair’s proposed takeover of Aer Lingus for second time The European Commission has prohibited Ryanair’s proposed acquisition of Aer Lingus, finding the remedies proposed by Ryanair insufficient to alleviate the substantial concerns about the merger’s impact on the market and the…more Aer Lingus, EU, European Commission, Ryanair	See All Updates »
Amardeep (Sonny) Grewal	First Inventor to File System Dictates Changes in Patent Filing Strategies One of the most significant provisions of the recently enacted America Invents Act (AIA), the change from a "first to invent" system to a "first inventor to file" system, will go into effect March 16, 2013. Currently, the first…more America Invents Act, First-to-File, First-to-Invent, Patents, Post-Grant Review	See All Updates »
Dodi Walker Gross	IRS Releases Updated Employee Plan Correction Procedures On December 31, 2012, the Internal Revenue Service (the “IRS”) released Revenue Procedure 2013-12, which contains long-awaited updates to the Employee Plans Compliance Resolution System (“EPCRS”), previously set forth in Revenue…more Audits, EPCRS, IRS, Retirement, Retirement Plan	See All Updates »
Richard Gunn	Revised MARPOL Annex V: Just Who Should Take Out the Trash? Following a review by the Correspondence Group established by the Marine Environment Protection Committee in 2006, various amendments to MARPOL Annex V Regulations for the Prevention of Pollution by Garbage from Ships took…more HME, MARPOL Annex V	See All Updates »
David Gutowski	Market Sourcing Comes to New Jersey … Or Not Later this month, the New Jersey Division of Taxation is expected to propose a regulation that will adopt a market-based approach to source receipts from services. On the surface, it appears difficult to reconcile the language…more Market Based Approach, Net Operating Losses, Proposed Regulation, State Taxes	See All Updates »
Kerry Halpern	PBGC Issues Proposed Rule on Reportable Events On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many…more ERISA, PBGC, Pensions, Reporting Requirements	See All Updates »
David Handley	Revised MARPOL Annex V: Just Who Should Take Out the Trash? Following a review by the Correspondence Group established by the Marine Environment Protection Committee in 2006, various amendments to MARPOL Annex V Regulations for the Prevention of Pollution by Garbage from Ships took…more HME, MARPOL Annex V	See All Updates »
Christine Hanhausen	Pennsylvania Tax Developments This is a brief update on recent Pennsylvania tax developments. It is intended to provide an overview of issues and cases to watch, as well as administrative and legislative developments…more Amended Legislation, Compliance, Gross Receipts Tax, Market Based Approach, Sales & Use Tax	See All Updates »
Leigh Hansson	New Iran Sanctions: Breaking Down the Breaking Points Energy, shipping, and shipbuilding. Generally, these are the sectors of the Iranian economy that have recently come within the ambit of the existing U.S. sanctions regime against Iran. We write "generally" because in addition to…more Energy, IFCPA, Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Ports	See All Updates »
Judith Harris	Under Construction and Open for Business: New gTLD Trademark Clearinghouse Set to Open March 26 ICANN (the Internet Corporation for Assigned Names and Numbers) is rushing headlong in its efforts to bring the world a massive expansion in the number of new gTLDs (the part of an Internet address that follows the dot, such as…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Siobhan Hayes	RoHS 2: New Obligations for Manufacturers, Importers and Distributors from 2 January 2013 On the 2nd of January 2013, the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS 2) came into force in the UK. As previously reported on our blog of 18 May…more Distributors, Electricity, Electronic Devices, Electronics, EU	See All Updates »
Robert Hill	ACA Affordable Insurance Exchanges and Qualified Health Plans In This Issue: Exchanges and Types of Plans To Be Offered Through Exchanges; Essential Health Benefits; Premiums; Cost Sharing Reductions; and Other Issues. Excerpt from Exchanges and Types of Plans To Be Offered…more Affordable Care Act, Essential Health Benefits, Health Insurance Exchanges, Healthcare, Premiums	See All Updates »
Marjorie C. Holmes	European Commission blocks Ryanair’s proposed takeover of Aer Lingus for second time The European Commission has prohibited Ryanair’s proposed acquisition of Aer Lingus, finding the remedies proposed by Ryanair insufficient to alleviate the substantial concerns about the merger’s impact on the market and the…more Aer Lingus, EU, European Commission, Ryanair	See All Updates »
Victoria Holstein-Childress	Sixth Circuit Holds that Mortgage Foreclosure and Foreclosure Lawyers are Subject to the FDCPA Overview - The U.S. Court of Appeals for the Sixth Circuit recently held that mortgage foreclosure actions are "debt collection" under the Fair Debt Collection Practices Act (FDCPA). Glazer v. Chase Home Finance LLC, No…more CFPB, Debt Collectors, FDCPA, Foreclosure, Mortgages	See All Updates »
Ruth Holzman	IRS Issues Guidance on Application Process for Tax Credits for Manufacturers of Renewable Energy Property The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") added a number of significant new tax incentives for businesses engaged in the renewable energy market, including a program that provides a tax credit to…more American Recovery and Reinvestment Act, DOE, Manufacturers, Renewable Energy, Tax Incentives	See All Updates »
Joan Hon	E&Y “State Secrets” Case Kicks Off in Hong Kong – But a Long Way to Go Evidence kicked off last week on March 27-28, in the highly anticipated case brought by Hong Kong's Securities and Futures Commission ("SFC") against Ernst & Young Hong Kong ("E&Y") over its failure to adequately respond to…more Ernst & Young, Hong Kong Securities and Futures Commission, IPO, Securities Litigation	See All Updates »
Nic Horsfield	Trading Windows: A View on a Transparent World? A key feature of the price assessment processes utilised by price reporting agencies (PRAs), such as Platts, Argus and ICIS in the oil and gas markets, is the "Market-on-Close" (MOC) approach. An important part of the MOC…more Commodities, eWindow, Market-on-Close, Price Reporting Agencies, Trading Window Approach	See All Updates »
Marsha Houston	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Leonard Hudson	Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment Law…more Contract Renewal, Franchise Agreements, Franchises, Good Cause, Proposed Legislation	See All Updates »
Stéphane Illouz	Investing in luxury properties in France: a counterflow strategy that could pay off Since the new taxation reform was passed earlier this year, a number of wealthy owners have moved out of France and put up their properties for sale. This resulted in an exceptional price fall of up to 15% for properties over €2…more EU, Property Tax, Real Estate Market	See All Updates »
Don A. Innamorato	On the Horizon: New Jersey Lawmakers Considering Stiffer Penalties for Non-Payment of Wages & Criminal Liability for Retaliation On Tuesday, December 11, 2012, the New Jersey Assembly Budget Committee approved Bill A-3581, which would significantly increase penalties for employers who improperly withhold wages or other benefits from New Jersey workers…more Penalties, Retaliation, Wages	See All Updates »
Michael Jacobs	South Carolina Supreme Court (Reluctantly) Upholds Sales Tax Exemptions Yesterday, the South Carolina Supreme Court issued its long-awaited decision in Bodman v. South Carolina, holding that the state’s sales and use tax exemption and cap scheme, as a whole, does not violate the state constitution’s…more Equal Protection, Sales & Use Tax, Tax Exemptions	See All Updates »
Daniel Kadar	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Marc Kaufman	First Inventor to File System Dictates Changes in Patent Filing Strategies One of the most significant provisions of the recently enacted America Invents Act (AIA), the change from a "first to invent" system to a "first inventor to file" system, will go into effect March 16, 2013. Currently, the first…more America Invents Act, First-to-File, First-to-Invent, Patents, Post-Grant Review	See All Updates »
Indeg Kerr	RoHS 2: New Obligations for Manufacturers, Importers and Distributors from 2 January 2013 On the 2nd of January 2013, the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS 2) came into force in the UK. As previously reported on our blog of 18 May…more Distributors, Electricity, Electronic Devices, Electronics, EU	See All Updates »
Lisa Kim	Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and…more COPPA, Data Protection, Disclosure Requirements, Proposed Legislation, Social Media	See All Updates »
Dusty Kirk	Philadelphia County to Mail Reassessment Figures to Property Owners in February 2013 Philadelphia County will be issuing the new “Actual Value Initiative” reassessment figures to every Philadelphia property owner in February. These new assessments are to reflect the actual market value of the property. More…more Actual Value Initiative, Reassessments	See All Updates »
Alexander Klett	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Amy Koch	Emerging Policy on NERC Compliance for Generator Interconnections The ongoing struggle to determine how and when generator interconnection facilities should be subject to the North American Electric Reliability Corporation’s (NERC) rules governing transmission owners and transmission operators…more Compliance, FERC, Interconnections, NERC, Proposed Amendments	See All Updates »
Herbert Kozlov	Delaware Court Permits Shareholder Damages Suit Against Novell Inc. Board To Continue - Alleged Lack of Board Impartiality in Treatment of Acquiror in Merger In a January 3, 2013 decision, the Delaware Court of Chancery declined to dismiss a shareholder class action lawsuit that claimed the Board of Novell Inc. breached its fiduciary duty in allowing a $2.2 billion sale of Novell to…more Aiding and Abetting, Bad Faith, Board of Directors, Class Action, Duty to Disclose	See All Updates »
E. David Krulewicz	On the Horizon: New Jersey Lawmakers Considering Stiffer Penalties for Non-Payment of Wages & Criminal Liability for Retaliation On Tuesday, December 11, 2012, the New Jersey Assembly Budget Committee approved Bill A-3581, which would significantly increase penalties for employers who improperly withhold wages or other benefits from New Jersey workers…more Penalties, Retaliation, Wages	See All Updates »
Timothy Law	CFPB Investigates Captive Mortgage Reinsurance The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines…more Captive Insurance Company, CFPB, Insurance Companies, Investigations, Lenders	See All Updates »
John LeBlond	PBGC Issues Proposed Rule on Reportable Events On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many…more ERISA, PBGC, Pensions, Reporting Requirements	See All Updates »
Jeffrey Legault	Private Equity on Notice – Increased SEC Scrutiny and Enforcement in 2013 As has been widely reported in the press recently, the Securities and Exchange Commission’s Asset Management Unit (“AMU”) has been closely scrutinizing the fees and expenses, including travel and entertainment expenses and…more	See All Updates »
Stefanie Lepore	Oil and Gas Companies Partner with Environmental Groups to Develop Performance Standards for the Industry The Center for Sustainable Shale Development (“CSSD”), an environmental organization located in Pittsburgh, Pa., has announced a program of Performance Standards that has been mutually agreed to by a number of environmental…more Center for Sustainable Shale Development, Fracking, Marcellus Shale, Oil & Gas, Utica Shale	See All Updates »
Jay Levin	On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies –…more Construction Contracts, Construction Defects, Faulty Workmanship, Liability Insurance	See All Updates »
Kenneth Levine	Pennsylvania Tax Developments This is a brief update on recent Pennsylvania tax developments. It is intended to provide an overview of issues and cases to watch, as well as administrative and legislative developments…more Amended Legislation, Compliance, Gross Receipts Tax, Market Based Approach, Sales & Use Tax	See All Updates »
Thomas Levinson	Plausible Allegations – Not Proof – Of Materiality All That’s Required For Class Certification in Securities Fraud Suits, Says Supreme Court In its ruling on February 27, in Amgen, Inc. v. Connecticut Retirement Plans & Trust Funds (No. 11-1085), the first of several highly anticipated class action decisions that impact securities class action litigation going…more Amgen, Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud	See All Updates »
Sara Lima	Reed Smith Hosts Q & A on Unclaimed Property With Delaware Secretary of State – Audits to Begin Again on February 1 For more than an hour on January 8, Delaware Secretary of State Jeffrey Bullock and an attorney administering the new program, Geoffrey Sawyer, took questions from Sara Lima and Michael Wynne of Reed Smith’s State Tax Group. The…more Audits, Reporting Requirements, Secretary of State, Unclaimed Property	See All Updates »
Jeanne Stancampiano Lofgren	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Phillip Lookadoo	Emerging Policy on NERC Compliance for Generator Interconnections The ongoing struggle to determine how and when generator interconnection facilities should be subject to the North American Electric Reliability Corporation’s (NERC) rules governing transmission owners and transmission operators…more Compliance, FERC, Interconnections, NERC, Proposed Amendments	See All Updates »
Vicki Lung	China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013) Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the…more China, FDA, Generic Drugs, Healthcare, Medical Devices	See All Updates »
Stephen Lyons III	Opportunities for Real Estate Transfer Tax Refunds in Pennsylvania Taxpayers that paid Pennsylvania or Philadelphia real estate transfer tax on certain transactions involving real property located in Philadelphia during the period July 1, 2012 through January 5, 2012 may be entitled to refunds…more Income Taxes, Real Estate Market, Realty Transfer Taxes, Refunds	See All Updates »
Joshua Marker	Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and…more COPPA, Data Protection, Disclosure Requirements, Proposed Legislation, Social Media	See All Updates »
John D. Martini	DOL Releases Exchange Notice Guidance and Model Notices On May 8, the Department of Labor ("DOL") issued guidance regarding the requirement that employers provide notice to employees describing the coverage options available under Health Insurance Marketplaces (formerly known as…more Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, Healthcare	See All Updates »
Vincent Martorana	A Guide to Contract Interpretation - February 2013 Introduction - Transactional attorneys and litigators often take a very different approach toward contracts. Transactional attorneys focus on the ex ante — the relationship between the parties before there is a dispute…more Ambiguous, Arbitration, Canons of Construction, Consent Decrees, Contract Drafting	See All Updates »
Lisa Mason	North American Grain: key differences between standard forms (2) This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA)…more Contract Drafting, Exports	See All Updates »
Brice Mathieu	A Story of Stock, Security and Simplicity Sacrificed Under French Law Introduction - In matters of security over personal property, France for a long time had a complex system of general and particular regimes. It had been hoped that legislative reform in this area, brought about by a 2006…more Creditors, Debtors, Private Property, Stocks	See All Updates »
Edward Mathison	Rolling back the point of no return: the English Supreme Court clarifies the balance sheet insolvency test The English Supreme Court’s eagerly awaited decision on the Eurosail litigation, concerning how the “balance sheet” test for insolvency should be applied, was released today. The decision clarifies how courts should apply the…more Balance Sheets, EU, Eurosail, Insolvency	See All Updates »
Debra McCurdy	ACA Affordable Insurance Exchanges and Qualified Health Plans In This Issue: Exchanges and Types of Plans To Be Offered Through Exchanges; Essential Health Benefits; Premiums; Cost Sharing Reductions; and Other Issues. Excerpt from Exchanges and Types of Plans To Be Offered…more Affordable Care Act, Essential Health Benefits, Health Insurance Exchanges, Healthcare, Premiums	See All Updates »
Colleen McDonald	CFPB Issues Guidance on Mortgage Servicing Transfers (CFPB Bulletin 2013-1) With the new mortgage servicing rules under the Real Estate Settlement Procedures Act (Regulation X) ("RESPA") scheduled to go into effect January 10, 2014, the Consumer Financial Protection Bureau’s ("CFPB") decision to issue…more CFPB, Mortgage Servicers, Regulation X, RESPA	See All Updates »
Elizabeth McGovern	ReSearch Memo - New security registration regime in the UK On 6 April 2013 new legislation governing registration of security at Companies House came into force. The new rules apply to any charges created on or after 6 April 2013. The main changes to the registration regime are..…more Criminal Sanctions, Documentation, New Legislation, Registration	See All Updates »
Ryan Meadows	IRS Proposes Regulations on $500,000 Deduction Limit for Compensation Provided by Health Insurance Providers On April 1, 2013, the Internal Revenue Service (“IRS”) published proposed regulations clarifying the $500,000 deduction limit for compensation provided by certain health insurance providers, which is contained in section…more Affordable Care Act, Healthcare, IRS, Proposed Regulation, Tax Deductions	See All Updates »
Mark Melodia	In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and Present Danger to Data Breach Class Actions In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty…more Article III, Clapper v. Amnesty International, Data Breach, FISA, Human Rights	See All Updates »
Joseph Metro	ACA Affordable Insurance Exchanges and Qualified Health Plans In This Issue: Exchanges and Types of Plans To Be Offered Through Exchanges; Essential Health Benefits; Premiums; Cost Sharing Reductions; and Other Issues. Excerpt from Exchanges and Types of Plans To Be Offered…more Affordable Care Act, Essential Health Benefits, Health Insurance Exchanges, Healthcare, Premiums	See All Updates »
Edward S. Miller	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Cindy Minniti	As Expected, New York City Council Overwhelmingly Enacts Paid Sick Leave Law In a move that was expected for weeks, the New York City Council on May 8, 2013 finally passed—by an overwhelming majority—a bill requiring city employers to provide employees with five days of annual paid sick leave, effective…more City Councils, Local Ordinance, Medical Leave, Municipalities, Paid Leave	See All Updates »
James Mogan III	Opportunities for Real Estate Transfer Tax Refunds in Pennsylvania Taxpayers that paid Pennsylvania or Philadelphia real estate transfer tax on certain transactions involving real property located in Philadelphia during the period July 1, 2012 through January 5, 2012 may be entitled to refunds…more Income Taxes, Real Estate Market, Realty Transfer Taxes, Refunds	See All Updates »
Francisca M. Mok	2012 FCPA Guidance: Key Points and Analysis On November 14, 2012, the U.S. Department of Justice and the Securities and Exchange Commission released their long-awaited Foreign Corrupt Practices Act guidance in the form of a 120-page document entitled “A Resource Guide to…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
Charlotte Møller	Rolling back the point of no return: the English Supreme Court clarifies the balance sheet insolvency test The English Supreme Court’s eagerly awaited decision on the Eurosail litigation, concerning how the “balance sheet” test for insolvency should be applied, was released today. The decision clarifies how courts should apply the…more Balance Sheets, EU, Eurosail, Insolvency	See All Updates »
Adam Morgan	Norwegian Saleform 1993 – Seller Beware! Until 13th December last year, the English courts had never specifically considered the relationship between Norwegian Saleform and the English Sale of Goods Act. The point has now been considered by Mr Justice Flaux in Dalmare…more Norwegian Saleform, Sale of Goods Act, Warranties	See All Updates »
Harriet Morgan	Tax Changes Affecting Owners of UK Residential Property Summary - In April this year the Government is introducing new taxes on UK residential property with a value of £2 million or more (high value residential property) that are owned indirectly through corporate and certain…more Capital Gains, Property Tax, Stamp Duty Land Tax, Stamp Taxes	See All Updates »
Robert Morris	Independence of Compensation Consultants – Looking Forward and Backward On January 11 2013, the Securities and Exchange Commission approved rule changes proposed by the New York Stock Exchange (“NYSE”) and the NASDAQ Stock Market (“Nasdaq”), adding new requirements for consultants retained by…more Compensation Committee, Conflicts of Interest, Independence Rules, Nasdaq, NYSE	See All Updates »
David Myers	Sanctions Update This alert follows on from our client alert of 7 January 2013, relating to the implementation of Council Regulation (EU) No. 1263/2012 against Iran, which can be found here. The year 2013 will inevitably bring further…more Iran Sanctions, Sanctions	See All Updates »
Timothy Nagle	Addressing the Cyber Threat: Cybersecurity Executive Order Issued and CISPA Introduced The long-awaited executive order entitled “Improving Critical Infrastructure Cybersecurity” was issued on Tuesday, along with a companion Presidential Policy Directive and mention by the President in the State of the Union…more CISPA, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, Data Protection	See All Updates »
Louis Naugle	Conventional and Unconventional Operators: Know your Rights re GHG Reporting Summary: If you are a conventional or unconventional oil and gas operator in Pennsylvania, you have likely received a recent letter from DEP requiring, for the first time, reporting of your greenhouse gas (GHG) emissions…more Greenhouse Gas Emissions, Oil & Gas	See All Updates »
Brad Newberg	Under Construction and Open for Business: New gTLD Trademark Clearinghouse Set to Open March 26 ICANN (the Internet Corporation for Assigned Names and Numbers) is rushing headlong in its efforts to bring the world a massive expansion in the number of new gTLDs (the part of an Internet address that follows the dot, such as…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Christine Nielsen	EU Proposed Directive on Network and Information Security On 7 February, the European Commission (EC) published an EU Cyber Security Strategy encompassing a proposed Directive on Network and Information Security (NIS Directive). The aim of the Strategy and NIS Directive is to establish…more Big Data, CERTS, Cloud Computing, Cross-Border, Cyber Attacks	See All Updates »
Elizabeth Doyle O'Brien	ACA Affordable Insurance Exchanges and Qualified Health Plans In This Issue: Exchanges and Types of Plans To Be Offered Through Exchanges; Essential Health Benefits; Premiums; Cost Sharing Reductions; and Other Issues. Excerpt from Exchanges and Types of Plans To Be Offered…more Affordable Care Act, Essential Health Benefits, Health Insurance Exchanges, Healthcare, Premiums	See All Updates »
Cynthia O'Donoghue	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Denise Obrochta	Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013) Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Illinois. Every three months we will be giving you updates on the key cases and administrative releases, as well as providing…more Audits, Department of Revenue, Income Taxes, Proposed Legislation	See All Updates »
Joseph Otoo	Resource nationalism and its impact on infrastructure projects Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states…more Adaptation Clauses, Bilateral Investment Treaties, Choice-of-Law, Dispute Resolution, Economic Stability Clause	See All Updates »
Donald Ousterhout	Emerging Policy on NERC Compliance for Generator Interconnections The ongoing struggle to determine how and when generator interconnection facilities should be subject to the North American Electric Reliability Corporation’s (NERC) rules governing transmission owners and transmission operators…more Compliance, FERC, Interconnections, NERC, Proposed Amendments	See All Updates »
Kevin Page	Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract A Texas Court of Appeals has held that parties to a natural gas gathering contract are required to utilize arbitration—despite the absence of an arbitration provision in the contract—because the case cannot be decided without…more Arbitration, Arbitration Agreements, Contract Interpretation, Oil & Gas	See All Updates »
Roger Parker	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Christopher Parrott	Shale Gas in the UK: One year on… Introduction - Following changes in personnel in the UK Government, opportunities may be on the horizon in the budding UK shale gas industry. Last year, we reported on the challenges in achieving large scale shale gas…more	See All Updates »
Katie Pawlitz	The Sunshine Physician Payment Final Rule Overview and Analysis On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released the long-awaited Final Rule (Rule) to implement the “Sunshine” provisions of the Affordable…more Affordable Care Act, CMS, Healthcare, HHS, Manufacturers	See All Updates »
Vassia Payiataki	North American Grain: key differences between standard forms (2) This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA)…more Contract Drafting, Exports	See All Updates »
Mary Payne	SEC Lifts Moratorium on Non-Leveraged, Actively Managed ETFs that Use Derivatives On December 6, 2012, Norm Champ, Director of the Division of Investment Management of the Securities and Exchange Commission ("SEC"), announced an end to the moratorium on issuing exemptive orders to non-leveraged, actively…more Derivatives, ETFs, Investment Company Act of 1940, Moratorium, SEC	See All Updates »
Mark G. Pedretti	Private Equity on Notice – Increased SEC Scrutiny and Enforcement in 2013 As has been widely reported in the press recently, the Securities and Exchange Commission’s Asset Management Unit (“AMU”) has been closely scrutinizing the fees and expenses, including travel and entertainment expenses and…more	See All Updates »
Carolyn Pepper	Jackson Reform Implementation Imminent Billed as the most wide-ranging changes to the civil litigation system since 1999, radical reforms following a review by Lord Justice Jackson will come into effect in England and Wales on 1st April 2013…more Conditional-Fee Agreements, Cost-Containment, Damages-Based Agreements, Disclosure Requirements, Discovery	See All Updates »
Jennifer Pike	The HITECH Final Rule: The New Privacy/Security Rules of the Road Have Finally Arrived Since the 2009 enactment of the Health Information Technology for Economic and Clinical Health Act (the “Act” or “HITECH Act”), compliance efforts associated with the Health Insurance Portability and Accountability Act of 1996…more Business Associates, Data Protection, HIPAA, HIPAA Omnibus Rule, HITECH	See All Updates »
Ann Pille	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Paul Pitts	CMS Issues Proposed Changes to LTCH Payment Rates and Other Payment Policies for Fiscal Year 2014 On April 26, 2013, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed update to the Medicare long-term acute care hospital prospective payment system (“LTCH PPS”) policies and payment rates for fiscal…more CMS, Healthcare, Hospitals, Long Term Care Facilities, Long-Term Care	See All Updates »
Alexandra Poe	Private Equity on Notice – Increased SEC Scrutiny and Enforcement in 2013 As has been widely reported in the press recently, the Securities and Exchange Commission’s Asset Management Unit (“AMU”) has been closely scrutinizing the fees and expenses, including travel and entertainment expenses and…more	See All Updates »
Shannon Poliziani	New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of Pennsylvania For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any…more Criminal Defense, Proffer Agreement, White Collar Crimes	See All Updates »
Zachary Portin	The HITECH Final Rule: The New Privacy/Security Rules of the Road Have Finally Arrived Since the 2009 enactment of the Health Information Technology for Economic and Clinical Health Act (the “Act” or “HITECH Act”), compliance efforts associated with the Health Insurance Portability and Accountability Act of 1996…more Business Associates, Data Protection, HIPAA, HIPAA Omnibus Rule, HITECH	See All Updates »
Georgia Quenby	ReSearch Memo - New security registration regime in the UK On 6 April 2013 new legislation governing registration of security at Companies House came into force. The new rules apply to any charges created on or after 6 April 2013. The main changes to the registration regime are..…more Criminal Sanctions, Documentation, New Legislation, Registration	See All Updates »
Traci Rea	On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies –…more Construction Contracts, Construction Defects, Faulty Workmanship, Liability Insurance	See All Updates »
Steven Regan	Oil and Gas Leasing and Development: A Real Estate Lending Perspective The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development…more Groundwater, Leases, Loans, Marcellus Shale, Mortgages	See All Updates »
Lawrence Reina	Delaware Court Permits Shareholder Damages Suit Against Novell Inc. Board To Continue - Alleged Lack of Board Impartiality in Treatment of Acquiror in Merger In a January 3, 2013 decision, the Delaware Court of Chancery declined to dismiss a shareholder class action lawsuit that claimed the Board of Novell Inc. breached its fiduciary duty in allowing a $2.2 billion sale of Novell to…more Aiding and Abetting, Bad Faith, Board of Directors, Class Action, Duty to Disclose	See All Updates »
Laura Riddeck	The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2 Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to…more	See All Updates »
Stephan Rippert	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Christopher Rissetto	IRS Issues Guidance on Application Process for Tax Credits for Manufacturers of Renewable Energy Property The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") added a number of significant new tax incentives for businesses engaged in the renewable energy market, including a program that provides a tax credit to…more American Recovery and Reinvestment Act, DOE, Manufacturers, Renewable Energy, Tax Incentives	See All Updates »
Christopher Rivas	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Jared Roach	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Richard Robinson	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Nicholas Rock	UK Shale Gas – A Regulatory Update Key discussion points - ..Energy crisis and new “dash for gas” set to ignite UK shale market ..Moratorium on exploration lifted ..New industry guidance issued, UK and EU shale-specific legislation under…more EU, Fracking, Shale Gas, UKOOG	See All Updates »
James Rockney	CFPB Investigates Captive Mortgage Reinsurance The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines…more Captive Insurance Company, CFPB, Insurance Companies, Investigations, Lenders	See All Updates »
Sarah Rogers	Revised MARPOL Annex V: Just Who Should Take Out the Trash? Following a review by the Correspondence Group established by the Marine Environment Protection Committee in 2006, various amendments to MARPOL Annex V Regulations for the Prevention of Pollution by Garbage from Ships took…more HME, MARPOL Annex V	See All Updates »
Mao Rong	China Life Sciences Health Industry Client Briefing – February 2013 (March 11, 2013) In This Issue: New Drug GSP Issued: Supervision on Drug Distribution to be Enhanced (China Securities Journal 2013-02-20) – February 20, 2013; China to Encourage Innovative Drug Development (Xinhua News Agency 2013-02-27)…more China, Generic Drugs, Life Sciences, Medical Devices, Pharmaceutical	See All Updates »
Brad Rostolsky	The HITECH Final Rule: The New Privacy/Security Rules of the Road Have Finally Arrived Since the 2009 enactment of the Health Information Technology for Economic and Clinical Health Act (the “Act” or “HITECH Act”), compliance efforts associated with the Health Insurance Portability and Accountability Act of 1996…more Business Associates, Data Protection, HIPAA, HIPAA Omnibus Rule, HITECH	See All Updates »
Salvatore Rotella Jr.	The HITECH Final Rule: The New Privacy/Security Rules of the Road Have Finally Arrived Since the 2009 enactment of the Health Information Technology for Economic and Clinical Health Act (the “Act” or “HITECH Act”), compliance efforts associated with the Health Insurance Portability and Accountability Act of 1996…more Business Associates, Data Protection, HIPAA, HIPAA Omnibus Rule, HITECH	See All Updates »
Vincent Rowan	The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2 Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to…more	See All Updates »
Anne Ryan	Opportunities for Real Estate Transfer Tax Refunds in Pennsylvania Taxpayers that paid Pennsylvania or Philadelphia real estate transfer tax on certain transactions involving real property located in Philadelphia during the period July 1, 2012 through January 5, 2012 may be entitled to refunds…more Income Taxes, Real Estate Market, Realty Transfer Taxes, Refunds	See All Updates »
Philip Rymer	Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593 An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do so…more Buyers, Default, Liability, Memorandum of Agreement, Purchase Price	See All Updates »
Alexandra Sampson	South Carolina Supreme Court (Reluctantly) Upholds Sales Tax Exemptions Yesterday, the South Carolina Supreme Court issued its long-awaited decision in Bodman v. South Carolina, holding that the state’s sales and use tax exemption and cap scheme, as a whole, does not violate the state constitution’s…more Equal Protection, Sales & Use Tax, Tax Exemptions	See All Updates »
James L. Sanders	2012 FCPA Guidance: Key Points and Analysis On November 14, 2012, the U.S. Department of Justice and the Securities and Exchange Commission released their long-awaited Foreign Corrupt Practices Act guidance in the form of a 120-page document entitled “A Resource Guide to…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
Gordon B. Schatz	China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013) Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the…more China, FDA, Generic Drugs, Healthcare, Medical Devices	See All Updates »
Brian Schenker	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Dr. Richard Schlötter	What reach has your method claim? German Federal Court of Justice rules on scope of a patent claim covering coding and decoding method under the MPEG-2 Standard As commonly known, the protection of a patented method does not stop at the application of that method, but encompasses the product directly obtained through that method. However, it is less clear whether only tangibles can be…more Infringement, Patents	See All Updates »
Kathrin Schlüter	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Stefan Schmitz	German government compromise could lead to a reduction in consumer costs for renewable energy On 13 February 2013, the two coalition parties in the German government reached a compromise on new measures which should lead to a reduction of costs for renewable energy for consumers. The changes are intended to come into…more Consumer Utility Costs, Electricity, EU, Power Purchase Agreements, Renewable Energy	See All Updates »
Peter Schnore	Philadelphia County to Mail Reassessment Figures to Property Owners in February 2013 Philadelphia County will be issuing the new “Actual Value Initiative” reassessment figures to every Philadelphia property owner in February. These new assessments are to reflect the actual market value of the property. More…more Actual Value Initiative, Reassessments	See All Updates »
Hugh T. Scogin , Jr.	China Life Sciences and Health Industry Client Briefing – November 2012 (December 13, 2012) In This Issue: Priorities, Practical Tips and Lessons Learned from Reed Smith’s China Device Regulatory Briefing on December 4, 2012; Programs of Designated Drug Production to be Initiated: Five to 10 Pilot Varieties to…more China, FDA, Licenses, Life Sciences, Medical Devices	See All Updates »
Laura-May Scott	€ 20M Euro fine for failing to notify JV shareholding change to EU merger authority The General Court of the European Union (the "General Court") has upheld the substantial €20 million fine imposed by the European Commission (the "Commission") on Belgium's largest electricity supplier, Electrabel, for its…more Compagnie Nationale du Rhone, Electrabel, European Commission, European Merger Control Regulation	See All Updates »
Mike Shaikh	California Court Finds Securitization Entities Subject to California Income Tax A California Superior Court has issued a decision with significant impact on financial services. In the case, Harley-Davidson, Inc. v. Franchise Tax Board, San Diego Superior Court Judge Joel Pressman held that bankruptcy-remote…more Income Taxes, Securitization, SPEs	See All Updates »
Gregory Shatan	Under Construction and Open for Business: New gTLD Trademark Clearinghouse Set to Open March 26 ICANN (the Internet Corporation for Assigned Names and Numbers) is rushing headlong in its efforts to bring the world a massive expansion in the number of new gTLDs (the part of an Internet address that follows the dot, such as…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Rachel Cutler Shim	DOL Releases Exchange Notice Guidance and Model Notices On May 8, the Department of Labor ("DOL") issued guidance regarding the requirement that employers provide notice to employees describing the coverage options available under Health Insurance Marketplaces (formerly known as…more Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, Healthcare	See All Updates »
John Shugrue	Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to Transocean’s $750 Million in Insurance as 'Additional Insured' On March 1, 2013, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in In re Deepwater Horizon, No. 12-30230, 2013 WL 776354 (5th Cir. March 1, 2013), held that BP PLC ("BP") can access Transocean…more Additional Insured, BP, Deepwater Horizon, Gulf Oil Spill, Liability Insurance	See All Updates »
Veronica Siwang To	E&Y “State Secrets” Case Kicks Off in Hong Kong – But a Long Way to Go Evidence kicked off last week on March 27-28, in the highly anticipated case brought by Hong Kong's Securities and Futures Commission ("SFC") against Ernst & Young Hong Kong ("E&Y") over its failure to adequately respond to…more Ernst & Young, Hong Kong Securities and Futures Commission, IPO, Securities Litigation	See All Updates »
Allison Warden Sizemore	DOL Releases Exchange Notice Guidance and Model Notices On May 8, the Department of Labor ("DOL") issued guidance regarding the requirement that employers provide notice to employees describing the coverage options available under Health Insurance Marketplaces (formerly known as…more Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, Healthcare	See All Updates »
Paul Skeet	Is interest still interesting for the commodities sector? Introduction - The current economic climate has highlighted the importance of cash-flow for businesses in the commodities sector. Fluctuations in the value of commodities may represent significant opportunities for profit,…more	See All Updates »
Jennifer Smokelin	Conventional and Unconventional Operators: Know your Rights re GHG Reporting Summary: If you are a conventional or unconventional oil and gas operator in Pennsylvania, you have likely received a recent letter from DEP requiring, for the first time, reporting of your greenhouse gas (GHG) emissions…more Greenhouse Gas Emissions, Oil & Gas	See All Updates »
Nicolle Snyder Bagnell	Oil and Gas Companies Partner with Environmental Groups to Develop Performance Standards for the Industry The Center for Sustainable Shale Development (“CSSD”), an environmental organization located in Pittsburgh, Pa., has announced a program of Performance Standards that has been mutually agreed to by a number of environmental…more Center for Sustainable Shale Development, Fracking, Marcellus Shale, Oil & Gas, Utica Shale	See All Updates »
Kyle O. Sollie	California Court Finds Securitization Entities Subject to California Income Tax A California Superior Court has issued a decision with significant impact on financial services. In the case, Harley-Davidson, Inc. v. Franchise Tax Board, San Diego Superior Court Judge Joel Pressman held that bankruptcy-remote…more Income Taxes, Securitization, SPEs	See All Updates »
Anker Sorensen	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Joseph Spruill	Virginia Financial Institutions - April 2013 In This Issue: - Virginia General Assembly Concludes 2013 Session – Highlights and Considerations for Financial Institutions - Cyber Fraud: Lawsuit by Local Community Bank Demonstrates Need for Vigilance -…more ATMs, CFPB, Compliance, Cybersecurity, Enforcement Actions	See All Updates »
Hayley Steel	The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2 Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to…more	See All Updates »
Philipp Süss	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Nick Swimer	Copyright remedies: High Court rejects application for proprietary relief Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a clear…more Copyright, Copyright Infringement, Remedies	See All Updates »
Richard Swinburn	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
John Tan	China Life Sciences Health Industry Client Briefing – February 2013 (March 11, 2013) In This Issue: New Drug GSP Issued: Supervision on Drug Distribution to be Enhanced (China Securities Journal 2013-02-20) – February 20, 2013; China to Encourage Innovative Drug Development (Xinhua News Agency 2013-02-27)…more China, Generic Drugs, Life Sciences, Medical Devices, Pharmaceutical	See All Updates »
Craig P. Tanner	Global Perspectives - Fall 2012 In this issue: - Important Changes to Employee Share Plans in UK - Significant Changes to Stock Options and RSUs (free shares) in France - Year-End Global Stock Plan Reporting Requirements - Recent…more Employee Stock Purchase Plans, EU, Executive Compensation, Stock Options	See All Updates »
Andrew Taylor	Is payment of hire a condition: a long-standing controversy resolved Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra) [2013] EWHC 865 (Comm) - On 18 April 2013, Flaux J handed down his judgment in Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra). The judgment provides long-awaited…more Commercial Contracts, Damages, Failure To Pay, Hiring & Firing, Loss of Income	See All Updates »
Philip Taylor	Business Across Borders - Licence to travel: how regulation is benefiting business abroad Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines…more "regula, Cross-Border, Foreign Corporations, Licenses, New Regulations	See All Updates »
Andrew Tetley	A Story of Stock, Security and Simplicity Sacrificed Under French Law Introduction - In matters of security over personal property, France for a long time had a complex system of general and particular regimes. It had been hoped that legislative reform in this area, brought about by a 2006…more Creditors, Debtors, Private Property, Stocks	See All Updates »
Cory A. Thomas	PBGC Issues Proposed Rule on Reportable Events On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many…more ERISA, PBGC, Pensions, Reporting Requirements	See All Updates »
Matthew Thomas	Sanctions Update This alert follows on from our client alert of 7 January 2013, relating to the implementation of Council Regulation (EU) No. 1263/2012 against Iran, which can be found here. The year 2013 will inevitably bring further…more Iran Sanctions, Sanctions	See All Updates »
Victoria Thompson	ReSearch Memo - New security registration regime in the UK On 6 April 2013 new legislation governing registration of security at Companies House came into force. The new rules apply to any charges created on or after 6 April 2013. The main changes to the registration regime are..…more Criminal Sanctions, Documentation, New Legislation, Registration	See All Updates »
Alison Wickizer Toepp	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Brian W. Toman	Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor Sourcing Rules Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the…more Franchise Tax Board, Intangible Property, License Agreements, Microsoft, Right to Replicate	See All Updates »
Paul Turner	Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract A Texas Court of Appeals has held that parties to a natural gas gathering contract are required to utilize arbitration—despite the absence of an arbitration provision in the contract—because the case cannot be decided without…more Arbitration, Arbitration Agreements, Contract Interpretation, Oil & Gas	See All Updates »
Kayaan Unwalla	Commentary on the new UAE Competition Law (Federal Law No. (4) of 2012) Introduction - The UAE’s first antitrust/competition legislation recently came into effect on 23 February 2013. Federal Law No. (4) of 2012 (Law), primarily regulated by the Ministry of Economy, aim to prohibit and…more Competition, Exclusive Dealing Agreements, Middle East, Penalties, Price-Fixing	See All Updates »
Carlos Aksel Valdivia	New Iran Sanctions: Breaking Down the Breaking Points Energy, shipping, and shipbuilding. Generally, these are the sectors of the Iranian economy that have recently come within the ambit of the existing U.S. sanctions regime against Iran. We write "generally" because in addition to…more Energy, IFCPA, Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Ports	See All Updates »
Edward Walsh III	Your Rights in an OSHA Inspection A workplace inspection by the Occupational Safety and Health Administration (OSHA) can result in substantial penalties where violations are found. Employers need to know their rights during an inspection, including the right to…more Inspections, OSHA, Required Documentation, Safety Inspections, Safety Violations	See All Updates »
Jennifer C. Waryjas	Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013) Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Illinois. Every three months we will be giving you updates on the key cases and administrative releases, as well as providing…more Audits, Department of Revenue, Income Taxes, Proposed Legislation	See All Updates »
Thomas H. Watterson	SEC Lifts Moratorium on Non-Leveraged, Actively Managed ETFs that Use Derivatives On December 6, 2012, Norm Champ, Director of the Division of Investment Management of the Securities and Exchange Commission ("SEC"), announced an end to the moratorium on issuing exemptive orders to non-leveraged, actively…more Derivatives, ETFs, Investment Company Act of 1940, Moratorium, SEC	See All Updates »
Katharina Weimer	IP/IT & Media Newsletter - Issue 1/2013 In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another Matter…more CJEU, Cloud Computing, Cookies, Copyright, Data Protection	See All Updates »
Charles Weller	Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593 An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do so…more Buyers, Default, Liability, Memorandum of Agreement, Purchase Price	See All Updates »
Robert Weyman	Massachusetts Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013) The first quarter of 2013 saw Massachusetts developments for some the biggest tax issues facing the state, including taxation and sourcing of cloud computing, SaaS and other web-based software products and services; application…more	See All Updates »
Jeffrey Wilhelm	Philadelphia County to Mail Reassessment Figures to Property Owners in February 2013 Philadelphia County will be issuing the new “Actual Value Initiative” reassessment figures to every Philadelphia property owner in February. These new assessments are to reflect the actual market value of the property. More…more Actual Value Initiative, Reassessments	See All Updates »
Robert Wilkins	Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593 An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do so…more Buyers, Default, Liability, Memorandum of Agreement, Purchase Price	See All Updates »
Joanna Williams	Trading Windows: A View on a Transparent World? A key feature of the price assessment processes utilised by price reporting agencies (PRAs), such as Platts, Argus and ICIS in the oil and gas markets, is the "Market-on-Close" (MOC) approach. An important part of the MOC…more Commodities, eWindow, Market-on-Close, Price Reporting Agencies, Trading Window Approach	See All Updates »
Sarah Wolff	Plausible Allegations – Not Proof – Of Materiality All That’s Required For Class Certification in Securities Fraud Suits, Says Supreme Court In its ruling on February 27, in Amgen, Inc. v. Connecticut Retirement Plans & Trust Funds (No. 11-1085), the first of several highly anticipated class action decisions that impact securities class action litigation going…more Amgen, Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud	See All Updates »
May Ling Wong	China Life Sciences Health Industry Client Briefing – February 2013 (March 11, 2013) In This Issue: New Drug GSP Issued: Supervision on Drug Distribution to be Enhanced (China Securities Journal 2013-02-20) – February 20, 2013; China to Encourage Innovative Drug Development (Xinhua News Agency 2013-02-27)…more China, Generic Drugs, Life Sciences, Medical Devices, Pharmaceutical	See All Updates »
Sarah Woo	Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and…more COPPA, Data Protection, Disclosure Requirements, Proposed Legislation, Social Media	See All Updates »
Michael Wood	Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593 An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do so…more Buyers, Default, Liability, Memorandum of Agreement, Purchase Price	See All Updates »
Michael Wynne	Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013) Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Illinois. Every three months we will be giving you updates on the key cases and administrative releases, as well as providing…more Audits, Department of Revenue, Income Taxes, Proposed Legislation	See All Updates »
Jay J. Yan	China Life Sciences Health Industry Client Briefing – February 2013 (March 11, 2013) In This Issue: New Drug GSP Issued: Supervision on Drug Distribution to be Enhanced (China Securities Journal 2013-02-20) – February 20, 2013; China to Encourage Innovative Drug Development (Xinhua News Agency 2013-02-27)…more China, Generic Drugs, Life Sciences, Medical Devices, Pharmaceutical	See All Updates »
Katherine Yang	China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013) Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the…more China, FDA, Generic Drugs, Healthcare, Medical Devices	See All Updates »
Amy Yin	China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013) Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the…more China, FDA, Generic Drugs, Healthcare, Medical Devices	See All Updates »
Lauren Zabel	Commercial Restructuring & Bankruptcy Alert - February 2013 In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License in…more Amortization, Broadcasting, Chapter 11, Classification of Claims, Confirmation Proceedings	See All Updates »
Peter Zaman	The making of Emissions Trading laws – understanding the EU legislative process Introduction - Unlike most traded commodity markets, the market for trading carbon credits or emissions allowances in the EU is not one based on its utility, usage or consumption. A carbon credit is not used in…more Cap-and-Trade, Carbon Auctions, EU, Legislative Process	See All Updates »
Lina Zhou	Private Equity on Notice – Increased SEC Scrutiny and Enforcement in 2013 As has been widely reported in the press recently, the Securities and Exchange Commission’s Asset Management Unit (“AMU”) has been closely scrutinizing the fees and expenses, including travel and entertainment expenses and…more	See All Updates »
Michael Zitelli	A Guide to Contract Interpretation - February 2013 Introduction - Transactional attorneys and litigators often take a very different approach toward contracts. Transactional attorneys focus on the ex ante — the relationship between the parties before there is a dispute…more Ambiguous, Arbitration, Canons of Construction, Consent Decrees, Contract Drafting	See All Updates »
Lee Zoeller	Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption…more Fracking, Marcellus Shale, Mining, Pollution Control, Sales & Use Tax	See All Updates »

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