Reed Smith

United States

Contact: Michael Scherpereel

  • (412) 288-3131
  • (412) 288-3063

What Price Market Integrity? The Various “Benchmark Reviews”

When the LIBOR scandal first came to light, governments and regulators quickly took the view that “something had to be done” about pricing indices (Benchmarks). Since that moment, the FX scandal and further investigations into…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Germany’s Minimum Wage Act To Impose Far-Reaching Requirements

Unlike most European countries and the United States, Germany’s workforce has long operated without a nationwide/general minimum wage. But that will change January 1, 2015, when the country’s first national minimum wage…more
| Labor & Employment Law

Rising Number of Class Actions Targeting Outlet Stores Based on Claims of False and Deceptive Advertising

1. Class Action Lawsuits Have Been Filed Against Retailers That Operate Outlet Stores Based on Their Alleged Pricing Claims - Plaintiffs’ class attorneys have a new target in sight and it is outlet shopping. In the past…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Consumer Protection

As Fear of Ebola Widens, Corporate Policyholders Seek To Prevent Loss While Insurers Seek To Exclude Loss

In response to the widespread fear of Ebola, at least one insurance company is seeking to protect itself from potentially significant financial loss in the event Ebola continues to spread beyond Africa by adding Ebola-specific…more
| Commercial Law & Contracts, Health, Insurance

Electricity Market Reform update: Renewables Obligation grace periods for solar PV

Last year we published an alert summarising the government’s proposals for the transition from the Renewables Obligation (RO) regime to Contracts for Difference (CfDs). Since then, the UK government department responsible for…more
| Commercial Law & Contracts, Energy & Utilities

Delaware Court Confirms Applicability of Business Judgment Rule to Investment Decisions of Insolvent Corporations

In its October 1, 2014 decision in Quadrant Structured Prods. Co. v. Vertin, et al., C.A. No. 6990, the Delaware Court of Chancery applied the protections afforded under the business judgment rule to investment strategies…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Business Torts, Securities Law

Cyber coverage: mind the gap

This alert identifies a number of important themes in the growing area of exposure to cyber risks and offers advice on how to negotiate the new array of insurance coverage on the market…more
| Commercial Law & Contracts, Privacy, Insurance, International Law & Trade, Science, Computers, & Technology

Pro-Policyholder Opinion Drives Home Importance of Excess Policy Language When Settling with an Underlying Insurer for Less Than Policy Limits

A reoccurring issue with excess insurance is whether a policyholder can trigger excess coverage by agreeing to a below-limits settlement with an underlying insurer, and filling in the gap between the settlement amount and the…more
| Commercial Law & Contracts, Energy & Utilities, Insurance

Analysis of HHS OIG Proposed Rule to Amend the Anti-Kickback Safe Harbors, CMP Rules on Beneficiary Inducements & Gainsharing Regulations

On October 3, 2014, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) published a major proposed rule that would amend the safe harbors to the Anti-Kickback Statute (AKS) and the Civil…more
| Health, Science, Computers, & Technology

EU Clearing Obligation for Interest Rate Derivatives and NDFs

On 1 October 2014, ESMA published two papers on draft Regulatory Technical Standards (RTS) for the clearing of OTC derivatives under the European Market Infrastructure Regulation (648/2012) (EMIR)..…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

New Hybrid Pension Plan Guidance

The IRS recently issued new final and proposed regulations that provide welcome guidance to sponsors of hybrid pension plans. Hybrid pension plans, such as cash balance plans and pension equity plans, are defined benefit plans…more
| Labor & Employment Law, Finance & Banking, Taxation

A Rare Judicial Look at the Contracts (Rights of Third Parties) Act

The recent Part 8 decision in Hurley Palmer Flatt v Barclays Bank Plc considered the application of the Contract (Rights of Third Parties Act) 1999 (the Act) and whether a third party could rely on the contractual right to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts

Supreme Court: Should Appeal Give Deference to Lower Courts on Claim Construction?

On October 15, the Supreme Court heard oral argument in Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., case number 13-854. At issue is the level of deference that the Court of Appeals for the Federal Circuit (“the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Financial Cost of Ebola Crisis Sparks Insurance Coverage Questions

Ebola has become a worldwide crisis. It has ravaged Liberia and other West African countries. It has been diagnosed in Europe. And, cases are now being reported in the United States. While the cost to human life is astonishing,…more
| Commercial Law & Contracts, Insurance, International Law & Trade

CARB’s Invalidation of Offset Credits Highlights Importance of Risk Allocation

On October 8, 2014, the California Air Resources Board (CARB) issued a preliminary determination invalidating more than 230,000 offset credits on grounds that an Arkansas-based chlorofluorocarbons (CFCs) incinerator was not in…more
| Energy & Utilities, Environmental Law
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Areas of Practice
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