Skadden, Arps, Slate, Meagher & Flom LLP

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New York, New York 10036, United States

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Inside The Courts - March 2015 | Volume 7 | Issue 1

In This Issue: - U.S. SUPREME COURT: ..Gelboim v. Bank of Am. Corp., No. 13-1174 (U.S. Jan. 21, 2015) - DEMAND FUTILITY: ..Arduini v. Hart, No. 12-15750 (9th Cir. Dec. 17, 2014) - EXCHANGE…more
| Civil Procedure, Constitutional Law, Mergers & Acquisitions, Business Torts, Securities Law

"ISS Issues ‘Frequently Asked Questions’ Guidance for 2015"

As part of its ongoing rollout of its 2015 policy updates, Institutional Shareholder Services (ISS) has issued “Frequently Asked Questions” guidance with respect to both its 2015 Compensation Policies and its new equity plan…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

"Russian Issuers Edge Closer to Hong Kong Listing Eligibility"

On February 16, 2015, the Central Bank of Russia (CBR) signed the Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information developed by the International Organization of…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

"CFIUS’s Annual Report to Congress Details Longer Process, More Aggressive Risk Mitigation"

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency, Executive Branch organization charged with identifying potential national security risks posed by foreign acquisitions…more
| Commercial Law & Contracts, Elections & Politics, Mergers & Acquisitions, International Law & Trade, Science, Computers, & Technology

"UK Executives Sentenced for Bribing Foreign Government Officials"

On February 12, two executives of Smith & Ouzman Limited, an English printing company, were sentenced for corruption offenses following a trial brought by the U.K.’s Serious Fraud Office (SFO). The chairman, aged 71, received an…more
| Business Organizations, Commercial Law & Contracts, Criminal Law, International Law & Trade

"New Reporting Requirements on the Horizon for US Financial Services Providers Doing Business With Non-US Persons"

Following closely on the heels of the reinstated reporting requirements for inbound and outbound direct investment involving U.S. entities, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) has announced plans…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Privacy & Cybersecurity Update - February 2015 (Updated)

In This Issue - White House Releases Proposed Privacy Legislation - Lessons from the Anthem Data Breach - SEC and FINRA Release Results of Industrywide Cybersecurity Examination Sweeps - COSO Releases Report on…more
| Finance & Banking, Privacy, Health, Science, Computers, & Technology, Securities Law

"SEC Releases Final and Proposed Rules Regarding SB Swap Reporting"

The Securities and Exchange Commission (SEC) recently issued three releases with final and proposed regulations addressing the reporting of security-based swaps (SB swaps) called for by the Dodd-Frank Act. The regulations…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

"FCC Adopts Net Neutrality Regulations — Judicial Challenges Lie Ahead"

Yesterday, the Federal Communications Commission (FCC or Commission) voted 3-2 along party lines to approve revised network neutrality regulations that, if allowed to stand, will have far-reaching implications for the…more
| Communications & Media Law, Elections & Politics, Science, Computers, & Technology

"CFTC, SEC Issue Guidance on the Applicability of Certain Regulations to Family Offices"

In November and December 2014, the Commodity Futures Trading Commission (the “CFTC”) and Securities and Exchange Commission (“SEC”), respectively, issued guidance regarding the applicability of certain regulations to family…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

"SEC Proposes New Rules on Hedging Policy Disclosures"

On February 9, 2015, the U.S. Securities and Exchange Commission (SEC) released proposed rules to implement Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Dodd-Frank amended Section 14…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

"Senate Finance Committee Takes Unanimous Step Toward FIRPTA Reform"

On February 11, 2015, the Senate Finance Committee unanimously approved a significant reform to the Foreign Investment in Real Property Tax Act (FIRPTA). The proposal demonstrates the continued bipartisan legislative commitment…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation, Real Estate - Commercial

SEC Staff Issues New Guidelines for Abbreviated Debt Tender Offers

On January 23, 2015, the staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission (SEC) issued revised guidance as to when a debt tender offer may be open for fewer than 20 business days. The…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

"China's MOFCOM Aims to Fundamentally Change the Legal Landscape on Foreign Investments"

In January 2015, China’s Ministry of Commerce (MOFCOM) released a discussion draft of the proposed Foreign Investment Law (Discussion Draft), soliciting comments from the public. The Discussion Draft is aimed to, upon its…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, International Law & Trade

"MSRB Issues Status Update on Draft Rule G-42"

Earlier this week, the Municipal Securities Rulemaking Board (MSRB) released an update on the status of Draft Rule G-42, which outlines the duties of non-solicitor municipal advisors. The MSRB indicated that it has further…more
| Commercial Law & Contracts, Elections & Politics, Securities Law
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