Shearman & Sterling LLP

Supreme Court Sets Standard for Section 11 Opinion Statement Liability in Omnicare Ruling

In its much-anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (“Omnicare”), No. 13-435 (Mar. 24, 2015), the United States Supreme Court held that an honestly-held statement of…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Financial Regulatory Developments Focus - March 2015 #3

In this issue: - US Federal Reserve Board Proposal Requiring Banking Organizations to Include Legal Entity Identifiers on Reporting Documents - Comptroller of the Currency Thomas Curry Testimony -…more
| Finance & Banking, Consumer Protection, International Law & Trade, Science, Computers, & Technology, Securities Law

Financial Regulatory Developments Focus - March 2015 #2

In this issue: - Federal Reserve Board Releases Results for 2015 Comprehensive Capital Analysis and Review - Revised List of Validation Rules Issued by European Banking Authority for Supervisory Reporting…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Financial Regulatory Developments Focus - March 2015

In this issue: - Federal Reserve Board Releases Results for Dodd-Frank Annual Stress Tests - The US Federal Reserve Board Extends Comment Period for Global Systemically Important Banks Surcharge -…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

States Take More Active Role in Surface Transportation Funding

Fiscal constraints on state budgets coupled with continued uncertainty with respect to future levels of federal surface transportation funding have led states to diversify the funding sources for their transportation projects…more
| Construction Law, Zoning, Planning & Land Use, Taxation, Transportation, Government Contracting

The New UK Oil and Gas Authority Issues An Urgent Call To Action

The nascent UK Oil and Gas Authority (“OGA”), has issued an urgent Call to Action report setting out the main risks facing the UK oil and gas industry: insufficient profitablity leading to pre-mature asset decommissioning and a…more
| Alternative Dispute Resolution (ADR), Energy & Utilities, Finance & Banking, Zoning, Planning & Land Use, International Law & Trade

Financial Regulatory Developments Focus - February 2015 #4

In this issue: - US Banking Regulators Request Comments on Reducing Regulatory Burden - European Banking Authority Opinion on Definition of Eligible Capital - Implementing Technical Standards under CRR -…more
| Finance & Banking, Insurance, International Law & Trade, Securities Law

FTC Clears Zillow-Trulia Merger Without Conditions

In a ruling on February 13, the FTC unconditionally approved the Zillow-Trulia merger after an intensive six-month antitrust review. Despite reported concerns “that the merger might concentrate too much power in one company,”…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions, Science, Computers, & Technology

SEC Proposes Equity Hedging Disclosure Rules under Dodd-Frank

On February 9, 2015, the Securities and Exchange Commission (the “SEC”) proposed long-awaited equity hedging disclosure rules to implement Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the…more
| Administrative Law, Business Organizations, Finance & Banking, Securities Law

Financial Regulatory Developments Focus - February 2015 #3

In this issue: - Bank Prudential Regulation & Regulatory Capital - Regulatory Capital Tool for Securitization Exposures - European Banking Authority Reports on Implications of Regulatory Reforms for Banks’…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, International Law & Trade, Securities Law

Financial Regulatory Developments Focus - February 2015 #2

In this issue: - US Financial Stability Oversight Council Adopts Supplemental Procedures for Nonbank Financial Company Designations - UK Government to Proceed with Giving Financial Policy Committee Powers for…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Flexibility for Debt Refinancings – New SEC No-Action Letter

The SEC staff issued a no-action letter recently that will allow some companies to refinance their debt using tender and exchange offers shorter than the 20 business days required in the tender offer rules. The letter extends to…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Antitrust Reverse Termination Fees--2015 Update

This post updates one we did last May analyzing antitrust reverse breakup fees in public deals since January 1, 2005. An antitrust reverse termination fee (ARTF), sometimes called an antitrust reverse breakup fee, is a fee…more
| Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions

EU Investigates Tax Rulings for Breach of State Aid Rules

The European Commission is currently conducting in-depth investigations into whether national tax rulings breach the EU’s competition rules. Whilst the spark for these investigations was the “Luxleaks” scandal, in December 2014…more
| Commercial Law & Contracts, International Law & Trade, Taxation

Governance & Securities Law Focus: Latin America Edition - February 2015

In this issue: - SEC and NYSE Developments - Noteworthy US Securities Law Litigation - Recent SEC/DOJ Enforcement Matters - Executive Compensation & Employee Benefits Developments -…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade, Securities Law
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New York, New York 10022-6069, United States

  • 212 848 4000
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