Skadden, Arps, Slate, Meagher & Flom LLP

"Agencies Propose Expanding US Export Controls on Cameras, Night Vision Equipment and Sensing Technology"

On May 5, 2015, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) and the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) proposed extensive revisions to the current U.S. export controls…more
| Commercial Law & Contracts, International Law & Trade

"Supreme Court Recognizes ERISA Fiduciary Duty to Monitor Plan Investments"

On May 18, 2015, a unanimous U.S. Supreme Court held in Tibble v. Edison International1 that fiduciaries who select investment options for 401(k) plans have a continuing duty under the Employee Retirement Income Security Act of…more
| Business Torts, Civil Procedure, Finance & Banking, Labor & Employment Law

Cross-Border Investigations Update - May 2015

In This Issue: - Recent Prosecutions and Settlements: FCPA Enforcement Trends and Developments: Recent U.S. Foreign Corrupt Practices Act enforcement trends include the growing importance of corporate cooperation…more
| Commercial Law & Contracts, Criminal Law, Labor & Employment Law, International Law & Trade, Securities Law

"CFTC Issues Revised Embedded Volumetric Optionality Interpretation for Swaps"

On May 12, 2015, the Commodity Futures Trading Commission (CFTC) issued revised interpretive guidance for forward contracts with embedded volumetric optionality (EVO). In 2012, the CFTC and Securities and Exchange Commission…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

"District Court Decision on MPM Silicones Bankruptcy Case Highlights Risks for Secured Lenders"

In a May 4, 2015, decision, the U.S. District Court for the Southern District of New York rejected secured lenders’ appeals of a controversial bankruptcy court decision confirming the Chapter 11 plan of reorganization of MPM…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

"Virginia Enacts Stricter Gift Provisions, Expands Lobbying and Pay-to-Play Laws"

On May 1, 2015, Virginia Gov. Terry McAuliffe signed Senate Bill No. 1424 (the Bill). The Bill tightens restrictions on gifts, expands Virginia’s lobby law to cover attempts to obtain public contracts and adds a new pay-to-play…more
| Business Organizations, Elections & Politics, Finance & Banking, Government Contracting

"Conflict Minerals Disclosures Due June 1, 2015"

Conflict minerals disclosures on Forms SD for calendar year 2014, if required, must be filed with the U.S. Securities and Exchange Commission (SEC) by June 1, 2015 — the Monday after the annual May 31 due date. As companies…more
| Business Organizations, Commercial Law & Contracts, Securities Law

"HHS OIG Issues New Compliance Oversight Guidance for Boards of Directors"

On April 20, 2015, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published its “Practical Guidance for Health Care Governing Boards on Compliance Oversight” (the Guidance).1 The…more
| Business Organizations, Health

"Restrictions on Contributions to Convention and Host Committees"

As the 2016 presidential election nears, fundraising efforts surrounding the presidential nominating conventions are beginning to intensify. Each convention is supported by both a convention committee, established by the…more
| Business Organizations, Elections & Politics, Finance & Banking

"MSRB Announces Publication of Proposed Rule G-42 in Federal Register"

On May 11, 2015, the Municipal Securities Rulemaking Board (MSRB) announced that Proposed Rule G-42 (standards of conduct for nonsolicitor municipal advisors), with conforming changes to Rule G-8 (books and records), was…more
| Administrative Law, Business Organizations, Elections & Politics, Securities Law

"SEC Issues Cybersecurity Guidance for Investment Companies and Advisers"

In April 2015, the Securities and Exchange Commission (the “SEC”) Division of Investment Management issued a guidance update (the “Update”) identifying cybersecurity of registered investment companies and registered investment…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

"So You’ve Issued Convertible Notes: Now What?"

The U.S. market for new issuances of convertible notes was very active in 2014, with approximately $51.4 billion of convertible debt issued in 140 transactions. In the first quarter of 2015, approximately $15.5 billion was…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

"Fairness of Director Awards Granted Under Market-Standard Equity Plans Comes Under Increased Scrutiny"

A Delaware court opinion issued late last week may subject equity grants to directors to increased judicial scrutiny (Calma v. Templeton, No. 9579-CB (Del. Ch. Apr. 30, 2015)). In Calma, the Chancery Court denied the defendant’s…more
| Business Organizations, Business Torts, Civil Procedure, Labor & Employment Law, Securities Law

"FINRA Provides Guidance on Effective Supervision and Control Practices for Firms Engaging in Algorithmic Trading Strategies"

The Financial Industry Regulatory Authority (“FINRA”) issued a regulatory notice (the “Notice”) in March 2015 that provides guidance on effective supervision and control practices for firms engaging in algorithmic trading…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

"SEC Proposes New Rules for Pay-Versus-Performance Disclosure"

On April 29, 2015, the U.S. Securities and Exchange Commission (SEC) proposed new rules that would require companies to disclose the relationship between the compensation actually paid to named executive officers (NEOs) and the…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law
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