White & Case LLP

Summary of FERC Meeting Agenda - May 2015

In This Issue: - Administrative Items - Electric Items - Gas Item - Hydro Items - Certificate Items - Excerpt from Electric Items: E-1: Reliability Standard for Transmission System Planned…more
| Energy & Utilities

EU Customs Practice Group - April 2015

In This Issue: - EU CUSTOMS POLICY: ..Union Customs Code Developments ..Data mining to detect customs violations - TARIFFS: ..Increased GSP+ vulnerability threshold ..Increased additional…more
| Agriculture, Commercial Law & Contracts, International Law & Trade

If “builder” baskets grow and “grower” baskets build, what is the difference and are either of these a “scalable” basket?

“Builder” baskets, “grower” baskets and “scalable” baskets: as the leveraged loan and high yield bond markets and the US and European markets continue to converge, technical alerts and debt capital markets updates throw these…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Russian Legislation Update

In This Issue: - Corporate: veracity of information submitted for the state registration of companies; cancellation of the mandatory requirement for a company to have a seal - Currency Control - Banking/ Basel III -…more
| Business Organizations, Communications & Media Law, Elections & Politics, Finance & Banking

SEC Proposes Rules on Pay-versus-Performance Disclosure

On April 29, 2015, the Securities and Exchange Commission (the “SEC”) approved by a three-to-two vote proposed rules (the “Proposed Rules”) implementing Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law

DTEK Scheme sanctioned on the basis of a change of governing law of New York law bonds

On 27 April 2015, the English High Court sanctioned a scheme of arrangement (the “Scheme”) for the US$200 million 9.5% senior notes due 2015 (the “2015 Notes”) issued by DTEK Finance B.V. (the “Issuer”), a Dutch finance…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Asymmetrical Jurisdiction Clauses: Where Are We Heading?

On 25 March 2015, France’s highest court, the Cour de cassation, once again ruled against the validity of a contractual asymmetrical jurisdiction clause, this time on the basis that it was contrary to Article 23 of the 2007…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Finance & Banking, International Law & Trade

New Moroccan PPP law

In order to facilitate the development of infrastructure projects, the Kingdom of Morocco recently created a new category of contracts implemented through the enactment of the law n°86-12 pertaining to public-private partnership…more
| Government Contracting, International Law & Trade, Transportation

The Volcker Rule’s Impact on CLO Issuances and other Securities Offerings

Section 619 of the Dodd-Frank Wall Street Reform Act of 20101 (the “Dodd-Frank Act”) – commonly known as the “Volcker Rule” – adds a new section 13 to the Bank Holding Company Act of 1956, as amended, and prohibits “banking…more
| Finance & Banking, Securities Law

High yield bond restructurings across Europe

As the flood of capital into riskier deals continues to pour in at unprecedented rates, and economic and geopolitical risks evolve, the prospect of a surge of bond defaults in the years ahead is looming over high yield investors…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Dawn raids under scrutiny again by European Human Rights Court

ECtHR rules that French dawn raids in Vinci/GTM case breached fundamental rights - The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, International Law & Trade, Privacy

IBM sentenced to pay 6.5 million as contractual damages

In a recent and long-awaited decision, the Bordeaux Court of Appeal concluded a dispute concerning key issues for system integration projects and provided a reminder that the amendments to a contract should be accurate and…more
| Civil Remedies, Commercial Law & Contracts, Science, Computers, & Technology

IRS Publishes Final Regulations Under Section 162(m)

On March 31, 2015, final regulations of Internal Revenue Code Section 162(m) were published. The final regulations clarify exceptions to the US$1 million annual limit on deductions allowable to publicly held corporations for…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law, Taxation

UK Consumer Rights Act 2015

The Consumer Rights Act (“the 2015 Act”) received Royal Assent on 26 March 2015 and comes into force 1 October 2015. The 2015 Act aims to reform and consolidate eight pieces of legislation addressing consumer rights in the…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Consumer Protection

China’s New Proposed Foreign Investment Law — What to Expect

On January 19, 2015, the Ministry of Commerce of China (“MOFCOM”) released a draft PRC Foreign Investment Law (the “FIL”) for public comment. Once adopted, the FIL would abolish the Law on Sino-Foreign Equity Joint Ventures…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Mergers & Acquisitions
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