Skadden, Arps, Slate, Meagher & Flom LLP

"Omnicare Decision Clarifies Pleading Standard for Section 11 Claims Based on Statements of Opinion in Registration Statements"

In an opinion issued yesterday, the U.S. Supreme Court held in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund that an issuer may be held liable under Section 11 of the Securities Act of 1933 for…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

The Class Action Chronicle - Spring 2015

In This Issue: - Nexium and the Problems of Overbroad Class Actions - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to Strike/Dismiss…more
| Business Torts, Civil Procedure, Civil Remedies, Personal Injury, Products Liability

"Maryland Considering Pay-to-Play Cleanup Bill"

As detailed in our previous mailing, the changes to Maryland's pay-to-play reporting law that took effect in January have caused confusion and created significant challenges for companies doing business with Maryland state and…more
| Commercial Law & Contracts, Elections & Politics, Government Contracting

"Appeals Court Reverses IRS-Favorable Tax Court Decision in BMC Software"

On March 13, 2015, the U.S. Court of Appeals for the Fifth Circuit unanimously reversed a U.S. Tax Court decision, finding that an account receivable created to implement a transfer pricing adjustment did not constitute related…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

"Department of Energy Announces Significant Changes to the US Controls on Exports of Unclassified Nuclear Technology and Assistance"

In the first comprehensive rewrite of the U.S. controls on exports of unclassified nuclear technology and assistance in nearly 30 years, the National Nuclear Security Administration of the U.S. Department of Energy (DOE) has…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities, International Law & Trade

Hong Kong Regulatory Update - March 2015

This Hong Kong regulatory update is intended to provide a brief overview of the principal Hong Kong regulatory developments in the preceding three months relevant to companies listed or proposed to be listed on The Stock…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

"SEC Approves MSRB’s Professional Qualification Requirements for Municipal Advisors; Status Update of Other Municipal Advisor Rulemakings"

Municipal Advisor Professional Qualification Requirements and Exam - On March 2, 2015, the Municipal Securities Rulemaking Board (MSRB) announced that the Securities and Exchange Commission (SEC) approved the MSRB’s…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

"Proposed DGCL Amendments to Address Fee Shifting, Forum Selection and Appraisal Proceedings"

On March 6, 2015, the Corporation Law Council of the Delaware State Bar Association announced proposed amendments to the Delaware General Corporation Law (DGCL) intended to address fee shifting, forum selection and appraisal…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

"Reminder: New Jersey Pay-to-Play Form BE Due on March 30, 2015"

This memorandum is to remind you that the annual filing for state and local contractors required under New Jersey Chapter 271 (Form BE) is due March 30, 2015. In particular, as we have described in previous client alerts, this…more
| Elections & Politics, Government Contracting

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
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