King & Spalding

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1180 Peachtree Street NE
Atlanta, Georgia 30309, United States
Phone: 404 572 4600
Fax: 404 572 5100
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • North Carolina
  • Texas
Other Countries
  • France
  • Germany
  • Japan
  • Russia
  • Saudi Arabia
  • Singapore
  • Switzerland
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
800+ Attorneys

National Telecommunications And Information Administration Issues Report Regarding “Botnets and Other Automated, Distributed Threats”

On September 18, 2017, the National Telecommunications and Information Administration (“NTIA”), the executive branch agency that is principally responsible for advising the President on telecommunications and information policy…more

Cyber Threats, Cybersecurity, Executive Orders, NTIA, Popular

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President Trump's Executive Order on Cybersecurity

On May 11, 2017, President Trump signed a long-awaited Executive Order that aims to bolster the cybersecurity of federal networks and critical infrastructure. In an effort to fulfill the President’s promise to get “tough on…more

Critical Infrastructure Sectors, Cybersecurity, Executive Orders, NIST, Risk Management

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RISK: To Retain or Not Retain in Sukuk?

Introduction - 17 C.F.R. Part 246, adopted jointly by the United States Securities and Exchange Commission (the “SEC”) and other federal agencies in October of 2014 (the “U.S. Risk Retention Rule”) was adopted in response to…more

Consumer Protection Act, Dodd-Frank, Risk Retention, Saudi Arabia, SEC

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Energy Newsletter - April 2017

Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments - Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as well…more

Argentina, Bankruptcy Court, Energy Sector, Infrastructure, Keystone XL Pipeline

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Saudi Arabia’s Vision 2030 – Securing PPP Value for Money and the Criticality of Monitoring and Root Cause Analyses

Introduction - Much of the PPP debate in Saudi Arabia has focussed on the importance of shifting the public sector expenditure burden to the private sector. Wherever this has been the sole focus of a PPP programme, the…more

Contractors, Infrastructure, Oil & Gas, Private Sector, Public Private Partnerships (P3s)

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Trade and Manufacturing Alert - November 2017

KORUS Renegotiation Update - As we have reported previously, United States Trade Representative (USTR) Robert Lighthizer formally notified Korea in July that the U.S. requested a special Joint Committee meeting under the…more

China, Exports, Free Trade Agreements, Intellectual Property Protection, Korea

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SRS vs. Gilead Sciences: Delaware Chancery Court finding that "indication" means "disease" allows Gilead not to make $50M Milestone Payment

In Shareholder Representative Services (SRS) vs. Gilead Sciences et al., an opinion issued on March 15, 2017, the Chancery Court of the State of Delaware found that the term “indication” means “disease” for purposes of a $50M…more

Gilead Sciences, Merger Agreements, Mergers, Pharmaceutical Industry

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Resolution of Intercreditor Dispute in Favor of ABL Lenders in the RadioShack Bankruptcy Case

On May 11, 2016, the Delaware bankruptcy court issued an opinion in the RadioShack bankruptcy case addressing an intercreditor dispute between Salus Capital Partners, LLC, the “last out” lender in RadioShack’s prepetition $250…more

Affiliates, Bankruptcy Court, Commercial Bankruptcy, Credit Agreements, Debt Restructuring

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Energy Newsletter - April 2017

Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments - Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as well…more

Argentina, Bankruptcy Court, Energy Sector, Infrastructure, Keystone XL Pipeline

See all updates »

A Guide to UK Tax on Commercial Real Estate: Non-Residents

1. Introduction - This client alert provides a summary of key UK tax considerations when a nonresident invests into UK commercial real estate. There are a number of holding structures for investment into UK real estate by…more

Commercial Real Estate Market, Diverted Profits Tax, Foreign Tax, Limited Liability Company (LLC), Limited Partnerships

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CMS Issues Wide-Ranging Proposed Rule on Medicare Managed Care (Part C) and Prescription Drug Plans (Part D)

On November 16, 2017, the Centers for Medicare & Medicaid Services(“CMS”) published for public inspection a proposed rule that would impact a variety of Medicare Part C and Part D program provisions. The proposed rule, Medicare…more

CMS, Comprehensive Addiction and Recovery Act of 2016 (CARA), Medicare, Medicare Part C, Medicare Part D

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Energy Newsletter - August 2017

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control - In light of their long term objectives and potential future transactions, parties should consider the implications…more

Africa, Appeals, Canada, Commercial Bankruptcy, Condition Precedent

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Sapin II Law: The Modernization of France's Fight Against Corruption

After years of facing international criticism for purported “laxity” towards transparency and the fight against bribery and corruption, France has adopted new legislation aiming to rectify this deficiency, which imposes…more

Anti-Corruption, Bribery, Compliance, Criminal Prosecution, France

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BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren kontrovers…more

Commercial Leases, Germany, Tenants

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Energy Newsletter - May 2017

Taking the Long View - How Appropriate Foresight Supports the Development and Execution of Large-Cap Construction Projects - Introduction - The arduous, start-to-finish process of developing and constructing a…more

Architects, Construction Industry, Energy Sector, Exports, Oil & Gas

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Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the…more

Acquisitions, Bad Faith, Board of Directors, Business Judgment Rule, Buyouts

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Energy Newsletter - September 2017

Managing Decommissioning Risks in Asian M&A Transactions - By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900…more

Acquisitions, Asia, Cross-Border, Electricity, Force Majeure Clause

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Bill That Aims to Ease Stark Penalties Receives House Committee Approval

On Wednesday, September 13, the House Ways and Means Committee gave unanimous approval to H.R. 3726, the Stark Administrative Simplification Act (the “Bill”). The Bill would amend the Stark law, codified at 42 U.S.C. § 1395nn,…more

HHS, Stark Law, Ways and Means Committee

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FTC Challenges North Dakota Healthcare Provider Merger

On Thursday, June 22, 2017, the Federal Trade Commission (“FTC”) and the North Dakota Attorney General filed a complaint challenging the merger of North Dakota providers, Sanford Health, Sanford Bismarck (together “Sanford”),…more

FTC, Health Care Providers, Mergers, Physicians, Popular

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FCC Net Neutrality War

On April 27, 2017, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”), proposing to reverse the FCC’s 2015 Open Internet Order (“Title II Order”), which had applied Title II of…more

Broadband, Communications Act of 1934, FCC, FTC, Internet Service Providers (ISPs)

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Franchising of Restaurants in the Gulf Cooperation Council

A number of food and beverage groups (particularly restaurant groups) access the Gulf Cooperation Council (GCC) markets through franchising arrangements. With a young and fast-growing population (many of whom spent time studying…more

Franchise Agreements, Franchise Laws, Franchises, Gulf Cooperation Council (GCC), Saudi Arabia

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BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren kontrovers…more

Commercial Leases, Germany, Tenants

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Changes to California’s Document Retention Policy

Medi-Cal and other California health care providers will soon be required to change their document retention policies and practices for services rendered under programs administered by California’s Department of Health Care…more

CMS, Document Retention Policies, Health Care Providers, Medi-Cal

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Tokyo Dispute Resolution and Crisis Management Newsletter - November 2017

The Art of the Closing Statement - Insights from a leading advocate into the preparation and delivery of closing arguments - The closing argument is counsel’s final opportunity to address an adjudicator, arbitrator, judge,…more

Closing Arguments, Litigation Strategies, Trial Preparation

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Department of Justice Reverses Course on Class Action Waivers

In the ongoing debate over whether class action waivers in employee arbitration agreements violate the National Labor Relations Act (“NLRA”), the Department of Justice (“DOJ”) has done an about-face–switching stances from…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, DOJ, NLRA

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CFPB Issues Final Rule Banning Class Action Waivers in Consumer Finance Contracts

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) announced a final Rule banning the use of class action waivers in a broad range of consumer finance agreements. The Rule, which was expected in light of prior…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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President Trump Blocks Acquisition of US Chipmaker by Chinese- Backed Private Equity Fund Amid CFIUS Concerns

Order sends strong signal that Washington will continue to oppose deals with Chinese acquirers involving technologies with potential military applications. On September 13, 2017, President Trump issued an Executive Order…more

Acquisitions, CFIUS, China, Donald Trump, Executive Orders

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The Beginning of the National Bioengineered Food Disclosure Standard

In our last issue of the International Food Law Gazette, we reported on the changing legal landscape for the labeling of genetically engineered (GE) foods (more commonly referred to as genetically modified organisms, or GMO). In…more

Agricultural Sector, Bioengineering, Food Manufacturers, Genetically Engineered Seed, GMO

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Neiman Marcus Settles Data Breach Consumer Class Action For $1.6 Million

On June 21, 2017, the U.S. District Court for the Northern District of Illinois entered an order granting preliminary approval of a $1.6 million class action settlement between Neiman Marcus and a class of its customers whose…more

Class Action, Data Breach, Neiman Marcus, Personally Identifiable Information

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Reflections on Kokesh v. SEC: Potential Ramifications of SEC Disgorgement Being a Penalty

In the week since the Supreme Court’s unanimous decision in Kokesh v. SEC, which rejected the Securities and Exchange Commission’s longstanding position that disgorgement was an equitable remedy not subject to the five-year…more

Disgorgement, Enforcement Actions, Financial Services Industry, Investment Management, Kokesh v SEC

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Trade & Manufacturing Alert - December 2017

“Core Elements” Of TPP-11 Agreement Reached In Vietnam - On November 10, 2017, Trade Ministers from the eleven remaining Trans-Pacific Partnership (TPP) countries (minus the United States) announced that they had reached an…more

3D Printing, Aircraft, Canada, Donald Trump, Keystone XL Pipeline

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Early Takeaways for REITs from Tax Reform Season

After months of being communicated through vague frameworks and political talking points, Republican tax reform proposals have finally been unveiled in legislative language. Earlier this month, H.R.1, the Tax Cuts and Jobs Act…more

C-Corporation, REIT, Tax Reform

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Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the application…more

Arbitration, Arbitration Awards, Federal Arbitration Act, International Arbitration, New York Convention

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Trade & Manufacturing Alert - July 2017

Ambassador Lighthizer Visits Congress To Discuss The President’s Trade Policy Agenda - In June, the Senate Finance Committee and Ways and Means Committee of the House of Representatives held hearings on the new…more

Border Adjustment Taxes, Cuba, Economic Sanctions, NAFTA, Russia

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A Case Against One-Size-Fits-All Construction Contracts: Problems with AIA Form Contracts and Some Solutions

Project development involves careful planning and clear contractual requirements on the front end to help ensure that the project is completed on time and within the budget. Key components of any successful construction project…more

American Institute of Architects, Construction Contracts, Construction Industry, Construction Project, General Contractors

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New York Courts Continue to Reject Consent-By-Registration Theory of Personal Jurisdiction Post-Daimler

On October 18, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Sae Han Sheet Co. v. Eastman Chemical Corp., the latest in a series of cases to examine whether an out-of-state corporation…more

Business Corporation Act, DaimlerChrysler v Bauman, General Jurisdiction, Jurisdiction, Personal Jurisdiction

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U.S. Supreme Court’s ANZ Decision Prohibits Tolling Of The Securities Act Of 1933’s Three -Year Statute Of Repose

The Securities Act of 1933 prevents a securities purchaser from suing over an alleged material misstatement or omission in a registration statement more than three years after the offeringdate. A circuit split developed over…more

CalPERS v ANZ Securities, Class Action, SCOTUS, Securities Act of 1933, Statute of Limitations

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U.S. Supreme Court’s ANZ Decision Prohibits Tolling Of The Securities Act Of 1933’s Three -Year Statute Of Repose

The Securities Act of 1933 prevents a securities purchaser from suing over an alleged material misstatement or omission in a registration statement more than three years after the offeringdate. A circuit split developed over…more

CalPERS v ANZ Securities, Class Action, SCOTUS, Securities Act of 1933, Statute of Limitations

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BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren kontrovers…more

Commercial Leases, Germany, Tenants

See all updates »

President Trump's Executive Order on Cybersecurity

On May 11, 2017, President Trump signed a long-awaited Executive Order that aims to bolster the cybersecurity of federal networks and critical infrastructure. In an effort to fulfill the President’s promise to get “tough on…more

Critical Infrastructure Sectors, Cybersecurity, Executive Orders, NIST, Risk Management

See all updates »

BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren kontrovers…more

Commercial Leases, Germany, Tenants

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New York Institutes New Medicaid Drug Price Control Measures

State Budget Includes Medicaid Drug Expenditure Cap - On April 20, 2017, New York Governor Andrew Cuomo signed into law certain cost-control measures that attempt to cap the state’s Medicaid drug spending, making New York the…more

Andrew Cuomo, CMS, Drug Pricing, Generic Drugs, Governor Cuomo

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Second Circuit Reverses District Court’s Marblegate Decision; Narrows Protections Provided to Bondholders Under Section 316(b) of Trust Indenture Act

The Trust Indenture Act of 1939 (the “TIA”) codifies a select set of requirements and prohibitions intended to protect perceived “sacred rights” of holders of public bond instruments. When the U.S. District Court for the…more

Bonds, Creditors, Financial Institutions, Section 316(b), Secured Debt

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Second Circuit Gives Momentive Secured Creditors Another Shot at Market-Based Interest Rate in Cramdown Fight; Also Affirms Bankruptcy Court’s Denial of Make-Whole Premium

On October 20, 2017, the U.S. Court of Appeals for the Second Circuit delivered a victory for secured lenders by remanding the District Court’s order confirming the Debtors’ proposed plan to determine whether an efficient market…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors

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Federal Energy Regulatory Commission Holds that a State Agency Waived its Authority to Issue a Water Quality Certification by Failing to Act Within the Statutory Period; Quashes One Way States Can Block Interstate Natural Gas Pipeline Project Construction

On September 15, 2017, the Federal Energy Regulatory Commission (FERC) issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by…more

Clean Water Act, Energy Regulatory Commission, FERC, Oil & Gas, Pipelines

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New OSHA Silica Rule Deadline Is Rapidly Approaching – Are You Ready?

While the Summer of 2018 may seem far away, companies should be preparing now to be ready to meet the significant new requirements of the U.S. Occupational Safety and Health Administration’s (“OSHA”) new rule for respirable…more

New Regulations, OSHA, Silica, Toxic Exposure, Workplace Hazards

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Energy Newsletter - November 2017

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions…more

Choice-of-Law, Construction Disputes, Energy Sector, FERC, Foreign Investment

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The Age of Competition - The Supreme Court Decides the First BPCIA Case

In a landmark ruling for the biotech and pharmaceutical industries, a unanimous Supreme Court decided Sandoz Inc. v. Amgen Inc., 582 U.S. ____, Nos. 15-1039, 15-1195 (June 12, 2017), its first biosimilar case governed by the…more

aBLA, Biotechnology, BPCIA, Confidential Information, Opt-Outs

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Energy Newsletter - November 2017

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions…more

Choice-of-Law, Construction Disputes, Energy Sector, FERC, Foreign Investment

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And So It Begins: The First DFS Transition Period Comes to an End August 28

In September 2016, the New York Department of Financial Services (“DFS”) introduced the first draft of its cybersecurity regulation, which is now in a position to lead a new trend in industry-specific cybersecurity regulation…more

Cybersecurity, Department of Financial Services, Incident Response Plans, Risk Assessment

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President Trump Signs FDA User Fee Reauthorization Bill into Law – A Relief for the Medical Device Industry

On August 18, 2017, in the nick of time, President Trump signed the FDA User Fee Reauthorization Bill of 2017 (FDARA) (H.R. 2430) into law, bringing a sigh of relief from both FDA and Industry. The law reauthorizes the…more

BsUFA, FDA, FDARA, GDUFA, Medical Device User Fee Program (MDUFA IV)

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FDA Defends Its First Amendment Position in “Memorandum”

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding…more

Draft Guidance, FDA, First Amendment, Off-Label Promotion, Pharmaceutical Industry

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Vision2030 PPP Update and Publications: Successful Delivery of PPP Projects in Saudi Arabia & the GCC; GCC PPP Legal Report 2017

King & Spalding has prepared two publications to assist clients who are interested in participating in PPP projects in Saudi Arabia and other GCC states with Vision2030 plans. The publications are: “Delivering Infrastructure…more

Gulf Cooperation Council (GCC), Infrastructure, Middle East, Public Private Partnerships (P3s), Saudi Arabia

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The Age of Competition - The Supreme Court Decides the First BPCIA Case

In a landmark ruling for the biotech and pharmaceutical industries, a unanimous Supreme Court decided Sandoz Inc. v. Amgen Inc., 582 U.S. ____, Nos. 15-1039, 15-1195 (June 12, 2017), its first biosimilar case governed by the…more

aBLA, Biotechnology, BPCIA, Confidential Information, Opt-Outs

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OIG Issues Final Rule Expanding Anti-Kickback Statute Safe Harbors and Revising Civil Monetary Penalty Regulations

On December 7, 2016, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published a final rule to amend the Anti-Kickback Statute (AKS or Statute) by adding new safe harbors. The Final Rule also…more

Ambulance Providers, Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Deductibles

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Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations

Experienced practitioners know that the purpose of the attorney-client privilege is to protect the confidentiality of client communications. Thus, as company policies that allow monitoring of emails or provide third party access…more

Attorney-Client Privilege, Confidential Communications, Electronic Communications, Email, Fourth Amendment

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Glass Lewis Issues 2018 Voting Policies Update

On November 22, 2017, Glass Lewis issued its updated proxy voting guidelines for the upcoming 2018 proxy season. Notable updates applicable to U.S. companies include new or revised policies relating to: ..gender diversity on…more

Diversity, Glass Lewis, Proxy Season, Proxy Voting Guidelines, Shareholders

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“Buy American And Hire American” Update - Comments solicited for consideration in report to President Trump

On August 21, 2017, the U.S. Department of Commerce (“Commerce”) and the Office of the United States Trade Representative (“USTR”) published a Federal Register notice requesting comments on the costs and benefits to U.S…more

Buy America, Buy American Act, Comment Period, Executive Orders, Procurement Guidelines

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OIG Study Finds States Are Not Using Medicaid Payment Suspensions

A recent HHS OIG review of 2014 data on fraud allegations found that significant challenges were limiting the States’ use of payment suspensions, even in the face of what CMS determined were credible allegations of provider…more

CMS, HHS, Medicaid, OIG

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SRS vs. Gilead Sciences: Delaware Chancery Court finding that "indication" means "disease" allows Gilead not to make $50M Milestone Payment

In Shareholder Representative Services (SRS) vs. Gilead Sciences et al., an opinion issued on March 15, 2017, the Chancery Court of the State of Delaware found that the term “indication” means “disease” for purposes of a $50M…more

Gilead Sciences, Merger Agreements, Mergers, Pharmaceutical Industry

See all updates »

FTC Challenges North Dakota Healthcare Provider Merger

On Thursday, June 22, 2017, the Federal Trade Commission (“FTC”) and the North Dakota Attorney General filed a complaint challenging the merger of North Dakota providers, Sanford Health, Sanford Bismarck (together “Sanford”),…more

FTC, Health Care Providers, Mergers, Physicians, Popular

See all updates »

OIG Issues Final Rule Expanding Anti-Kickback Statute Safe Harbors and Revising Civil Monetary Penalty Regulations

On December 7, 2016, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published a final rule to amend the Anti-Kickback Statute (AKS or Statute) by adding new safe harbors. The Final Rule also…more

Ambulance Providers, Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Deductibles

See all updates »

Supreme Court Confirms Plaintiffs Cannot Manufacture Appellate Jurisdiction Over Class Certification Denials

On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture appellate…more

Article III, Class Action, Class Certification, Class Representatives, Final Judgment

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Loss of Foreign Fund Private Placement Exemptions in the UAE

In August 2016, the Emirates Securities and Commodities Authority (SCA), the federal securities regulator of the United Arab Emirates (UAE), adopted new investment funds regulations (the 2016 Fund Regulations), which repealed…more

Investment Funds, Private Placements, Reverse Solicitation, Securities and Commodities Authority (SCA), United Arab Emirates

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Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

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Overview of REMIT for LNG Sellers to EU

With a robust demand for gas and a desire to reduce its reliance on Russian gas supplies, Europe is a market hotly pursued by liquefied natural gas (“LNG”) sellers and export project developers alike. Those seeking to sell to…more

Energy Sector, EU, Liquid Natural Gas, Oil & Gas, REMIT

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Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information…more

Cell Phones, Cybersecurity, Electronically Stored Information, Fourth Amendment, Location Data

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House Energy and Commerce Committee Holds Second Hearing on the 340B Drug Pricing Program

On October 11, 2017, the House Energy & Commerce’s Oversight and Investigations Subcommittee held a hearing entitled “Examining How Covered Entities Utilize the 340B Drug Pricing Program.” This was the Subcommittee’s second…more

Drug Pricing, HRSA, Pharmaceutical Industry, Prescription Drugs, Section 340B

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Anti-Inversion Regulations Held to Violate Administrative Procedure Act

On September 29, 2017, the United States District Court for the Western District of Texas struck down a 2016 temporary regulation designed to limit corporate inversions(the “Rule”). Rule was simultaneously issued as a temporary…more

Administrative Procedure Act, Anti-Inversion Regulations, Arbitrary and Capricious, Corporate Taxes, Foreign Corporations

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Glass Lewis Issues 2018 Voting Policies Update

On November 22, 2017, Glass Lewis issued its updated proxy voting guidelines for the upcoming 2018 proxy season. Notable updates applicable to U.S. companies include new or revised policies relating to: ..gender diversity on…more

Diversity, Glass Lewis, Proxy Season, Proxy Voting Guidelines, Shareholders

See all updates »

Energy Newsletter - November 2017

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions…more

Choice-of-Law, Construction Disputes, Energy Sector, FERC, Foreign Investment

See all updates »

CMS Seeks Recommendations On How To Regulate Individual and Small Group Health Insurance Markets

On June 8, 2017, CMS issued a statement announcing a request for information (RFI) seeking recommendations and input from the public “on how to create a more flexible, streamlined approach to the regulatory structure of the…more

Affordable Care Act, CMS, Health Insurance, HHS, Request For Information

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Energy Newsletter - September 2017

Managing Decommissioning Risks in Asian M&A Transactions - By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900…more

Acquisitions, Asia, Cross-Border,