Shearman & Sterling LLP

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New York, New York 10022-6069, United States

  • 212 848 4000
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Financial Regulatory Developments Focus - September 2014 #3

In this issue: - Derivatives - Consumer Protection - Enforcement - People - Events - Excerpt from Derivatives: CFTC Issues No-Action Relief for Qualifying Swaps Trading Platforms Licensed…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, International Law & Trade, Securities Law

Scotland: The Succession Event Question

In this note we analyse some of the consequences for sovereign CDS resulting from a vote for Scottish independence. Scotland: The Succession Event Question - A vote for an independent Scotland will have many…more
| Constitutional Law, Elections & Politics, Finance & Banking, International Law & Trade

Scotland: Legal Issues on Proposed Independence

On 18 September 2014, the referendum on Scottish independence will take place. Opinion polls suggest that the outcome is too close to call. This note highlights various legal issues related to the referendum and Scottish…more
| Elections & Politics, Finance & Banking, International Law & Trade

The EU General Court Gets a Rap on Its Knuckles

In Groupement des cartes bancaires, the EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition ‘by object’ within the meaning of Article 101(1) TFEU…more
| Administrative Law, Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions

FinCEN Proposes New Rule Requiring Identification of Beneficial Owners

This summer the Financial Crimes Enforcement Network ("FinCEN”) issued a notice of proposed rulemaking proposing a rule that, if adopted, would mandate that financial institutions require their legal entity customers to identify…more
| Criminal Law, Finance & Banking

Financial Regulatory Developments Focus - September 2014 #2

In this issue: - Derivatives - Bank Prudential Regulation & Regulatory Capital - Financial Services - People - Events - Excerpt from Derivatives: FCA Factsheet on Review of…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

SEC Adopts Credit Rating Agency Reform Rules

On August 27, 2014, the SEC adopted new rules for credit rating agencies implementing 14 rulemaking requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). The new rules are designed to…more
| Administrative Law, Securities Law

Ivory Coast Mining Code Update: Adoption of the Implementing Legislation

As highlighted in our client alert of March 7, 2014, the Ivorian Parliament approved a new mining code (the “New Mining Code”) on March 5 which aimed at modernizing the mining sector and increasing its…more
| Commercial Law & Contracts, Energy & Utilities, Zoning, Planning & Land Use, International Law & Trade

Resurgence of Protectionism – Can European Member States Really Do Whatever They Want to Foreign Takeovers?

EU Competition Commissioner Joaquín Almunia recently cited the French initiatives to block the GE-Alstom deal as an example of “worrying signals of protectionist threats” in Europe. France is not, however, to be singled out. EU…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade

Financial Regulatory Developments Focus - September 2014

In this issue: - Derivatives - Bank Prudential Regulation & Regulatory Capital - Credit Ratings - Financial Services - Shadow Banking - Funds - Financial Market…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Extraterritoriality Revisited: Access to the European Markets by Financial Institutions, Funds and Others from Outside Europe

In an effort to harmonise investor protection across the EU and ensure effective market competition, a framework has been established for financial institutions, funds and market infrastructure established outside the EU to…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Financial Regulatory Developments Focus - August 2014 #4

In this issue: - Derivatives - Bank Prudential Regulation & Regulatory Capital - Consumer Protection - People - Excerpt from Derivatives: Regulators Request FSB to Assist in…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, International Law & Trade, Securities Law

Russia Sanctions: Impact on Financial Institutions in the US, EU and Japan

New sanctions targeting Russia have been implemented in the US, EU and Japan. Although the consequences of breaching the sanctions are severe, navigating the rules is not straightforward. Transactions and business lines will…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, Finance & Banking, International Law & Trade

Financial Regulatory Developments Focus - August 2014 #3

In this issue: - Bank Prudential Regulation & Regulatory Capital - Recovery & Resolution - Events - Excerpt from Bank Prudential Regulation & Regulatory Capital: EBA Publishes New Taxonomy…more
| Finance & Banking, International Law & Trade

First Circuit Rejects Talley and Allows a Business Expense Deduction for Settlement Payments Made Under the False Claims Act

On August 13, 2014, the United States Circuit Court for the First Circuit rejected the United States’ request to deny Fresenius Medical Care Holdings Inc. from deducting a portion of a settlement payment to settle civil claims…more
| Civil Remedies, Commercial Law & Contracts, Health, Taxation, Government Contracting
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