Index (2870)


Sidley Austin

ICLG The International Comparative Legal Guide to: Securitisation 2016 9th Edition A practical cross-border insight into securitisation work Published by Global Legal Group, with contributions from: A&L Goodbody Association for Financial Markets in Europe Ali Budiardjo, Nugroho, Reksodiputro Ashurst LLP Baker & McKenzie – Santiago Bell Gully Brodies LLP Caspi...


Sidley Austin

tax notes™ New Partnership Audit Rules: Concepts and Issues, Part 1 IV. By Christian Brause I. Introduction Christian Brause is a partner at Sidley Austin LLP. The views expressed herein are his own and are not the views of Sidley Austin. An earlier version of this report was presented at the New York Tax Club on November 18, 2015. In this report, Brause reviews the reasons Congress...


Sidley Austin

CAPITAL MARKETS & CORPORATE GOVERNANCE © Ocean Photography/Veer THE GOVERNANCE COUNSELOR Board-Driven Internal Investigations In her regular column on corporate governance issues, Holly Gregory discusses the circumstances that may necessitate a board-driven investigation into allegations of corporate wrongdoing. HOLLY J. GREGORY PARTNER SIDLEY AUSTIN LLP H  olly counsels...


Sidley Austin

EMPLOYMENT & BENEFITS - U S A AUTHOR DOL finalises regulation defining 'fiduciary' with one-year delay in application Beth J Dickstein May 04 2016 | Contributed by Sidley Austin LLP Introduction Affected parties Statutory definition of 'fiduciary' New definition Recommendation Exclusions from fiduciary status Execution of securities transactions Effective date, new...


Sidley Austin

ARTICLE TWO – COSTS BUDGETING: A PRACTICAL APPROACH IN AN UNCERTAIN REGIME COSTS Costs Budgeting: A practical approach in an uncertain regime Mathew Shankland (Partner) and Sarah Lainchbury (Associate) of Sidley Austin LLP A lthough costs budgeting has now been supporting Practice Direction 3E. CPR 3.12 requires in place for over 20 months, the detailed parties to proceedings to...


Sidley Austin

Member States’ derogations undermine the GDPR ANALYSIS T william Long and francesca Blythe explain what organisations have to look out for. he EU’s General Data Protection Regulation (GDPR) was adopted by the European Parliament on 14 April 2016. The final step for formal adoption was publication of the GDPR in the Official Journal of the EU on 4 May which means that the...


Pillsbury Winthrop Shaw Pittman

Intellectual Property Intellectual Property Litigation Intellectual Property Practice Section Leader Jack S. Barufka +1.703.770.7712 jack.barufka@pillsburylaw.com For more information about our Intellectual Property p­­ ractice, please visit us at www.pillsburylaw.com. Attorney Advertising. Results depend on a number of factors unique to each matter. Prior results do not...


Pillsbury Winthrop Shaw Pittman

Client Alert Aviation, Aerospace & Transportation Aviation, Aerospace & Transportation December 22, 2015 FAA Updates Guidance on Obstruction Lighting By Jennifer E. Trock and Kenneth P. Quinn The Federal Aviation Administration (FAA) released new guidance on obstructions, updating builders and developers on the requirements for marking and lighting any structure that may...


Pillsbury Winthrop Shaw Pittman

CASE STUDY Advancing Nuclear Power in Turkey “In my opinion, nuclear power production is absolutely the right decision for Turkey.” —Sergey Kirienko, Director General, Rosatom Client: Akkuyu NPP JSC, a subsidiary of Rosatom Matter: Construction of first ever build-own-operate nuclear power project Area of Law: Energy, Construction,...


Pillsbury Winthrop Shaw Pittman

CASE STUDY Saving Billions for Nuclear Plants and Their Electricity Customers “[T]he Secretary’s position is so obviously disingenuous that we have no confidence that another remand would serve any purpose…. [It] reminds us of the lawyer’s song in the musical, Chicago–‘Give them the old razzle...


Pillsbury Winthrop Shaw Pittman

International Nuclear Energy Projects Pillsbury Winthrop Shaw Pittman LLP | pillsburylaw.com “One of the finest nuclear practices in the USA and internationally.”—Chambers 2 | Pillsbury Winthrop Shaw Pittman LLP International Nuclear Energy A Leading Global Nuclear Practice Pillsbury fields a premier nuclear energy team, with the knowledge, industry...


Pillsbury Winthrop Shaw Pittman

Electricity, Oil and Gas Regulation in the United States Pillsbury Winthrop Shaw Pittman LLP ATTORNEY ADVERTISING. The comments contained herein do not constitute legal opinion and should not be regarded as a substitute for legal advice. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome. Pillsbury Winthrop Shaw Pittman LLP 1540...


Pillsbury Winthrop Shaw Pittman

CASE STUDY Securing FTC Clearance for a Healthcare Merger “The agreement has cleared the federal regulatory review process, ­ ­ enabling North Shore-LIJ to establish its 16th hospital in the ­ metropolitan area.” —Press release from Pillsbury’s client, the North Shore-LIJ Health System Client: North Shore-LIJ Health...


Pillsbury Winthrop Shaw Pittman

CASE STUDY Knocking Out a Multimillion-Dollar Antitrust Claim in the First Round “A federal judge has given the heave-ho to an antitrust suit brought by bankrupt magazine wholesaler Anderson News LLC against a host of single-issue magazine publishers including…American Media, Inc.” —Bankruptcy Law360 Client: American Media,...


Pillsbury Winthrop Shaw Pittman

CASE STUDY Dismantling $5 Billion in Antitrust Claims “Pillsbury’s knowledge of recent legal developments and diligence in applying them resulted in novel and important rulings that significantly reduced Dynegy’s exposure in this important matter.” —Jason B. Kinzel, Corporate Counsel, Dynegy Inc. Client: Dynegy Inc. Industry: Energy Area...


Pillsbury Winthrop Shaw Pittman

Client Alert Energy Client Alert India International Trade Energy Nuclear Energy February 11, 2016 India Takes the Next Step in Forming Its Nuclear Liability Framework By Sanjay J. Mullick, Elina Teplinsky, James A. Glasgow, Stephen B. Huttler and Moushami P. Joshi On February 4, 2016, India submitted to the International Atomic Energy Agency (IAEA) its Instrument of Ratification of the...


Pillsbury Winthrop Shaw Pittman

Client Alert Executive Compensation & Benefits Executive Compensation & Benefits April 14, 2016 Sun Capital Court Finds that Common Industry Practices Exposed PE Funds to Pension Plan Liabilities By Susan P. Serota, Peter J. Hunt and Matthew C. Ryan A group of related private equity (“PE”) funds were found liable for a bankrupt portfolio...


Pillsbury Winthrop Shaw Pittman

Advisory Privacy, Data Security & Information Use Finance Global Sourcing Privacy, Data Security & Information Use Executive Compensation & Benefits April 19, 2016 Negotiating Cybersecurity Contractual Protections for Retirement Plans By Jeffrey D. Hutchings, Susan P. Serota and Jessica Lutrin The ERISA Advisory Council1 recently announced that, as part of its...


Pillsbury Winthrop Shaw Pittman

Client Alert Client Alert Intellectual Property Intellectual Property April 19, 2016 Ninth Circuit Decision Finds Side-By-Side Medical Results Charts Arguably NonFunctional and Protectable Trade Dress By Bobby Ghajar, Marcus D. Peterson and Lori Levine The Ninth Circuit recently considered whether the layout of a medical report can be protected as trade dress under the Lanham Act, or whether...


Pillsbury Winthrop Shaw Pittman

Client Alert Client Alert Intellectual Property Intellectual Property April 21, 2016 Google Books Survives Legal Challenge Supreme Court Declines to Address Book-Digitization Project By Bobby Ghajar and Marcus D. Peterson The U.S. Supreme Court declined to grant certiorari over a Second Circuit decision (Authors’ Guild v. Google Inc.) affirming that Google’s project...


Pillsbury Winthrop Shaw Pittman

Client Alert Privacy, Data Security & Information Use Consumer & Retail Technology Privacy, Data Security & Information Use Internet & Social Media May 9, 2016 Countdown to Compliance: Final Text for EU General Data Protection Regulation Published By Rafi Azim-Khan and Steven P. Farmer The final text of the significant new EU General Data Protection...


Pillsbury Winthrop Shaw Pittman

Client Alert Intellectual Property Intellectual Property Copyrights May 11, 2016 Protecting Fashion through Copyrights: The Supreme Court Will Decide Whether Cheer Uniform Designs Are Protectable By Lori Levine, Jeffrey D. Wexler and Bobby Ghajar Last week, the U.S. Supreme Court announced that it will address the issue whether apparel can be protected by copyright law—a question...


Pillsbury Winthrop Shaw Pittman

Client Alert Anti-Money Laundering Corporate Investigations & White Collar Defense Economic Sanctions & Embargoes Anti-Money Laundering Financial Services May 17, 2016 A New Age of Transparency: U.S. Announces Customer Due Diligence Requirements and Other Key Initiatives By Carolina A. Fornos, Aaron R. Hutman and Amanda Senske On May 11, 2016, the Financial Crimes...


Pillsbury Winthrop Shaw Pittman

Client Alert Tax Tax May 18, 2016 Four Things You Need to Know About the Mauritius-India Protocol By C. Brian Wainwright International investors have frequently used Mauritius holding companies for their Indian investments, seeking to take advantage of the exemption under the India-Mauritius income tax treaty (the “Mauritius Treaty”) from Indian capital gains tax...


Pillsbury Winthrop Shaw Pittman

Client Advisory Finance Consumer Financial Protection Bureau (CFPB) Financial Services Regulation Finance Litigation May 18, 2016 Arbitration Provisions Mauled by Consumer Watchdog By Christine A. Scheuneman, Mercedes K. Tunstall, Amy L. Pierce and Andrew Caplan Companies offering payment services or financial products to consumers are facing a proposed rule from the CFPB that would...


Pillsbury Winthrop Shaw Pittman

Client Alert Client Alert Executive Compensation & Benefits Corporate & Securities Financial Services Executive Compensation & Benefits May 18, 2016 Bank Regulators Revive Restrictions on Incentive-Based Compensation By Mark C. Jones and Robert L. Tian Financial regulators have proposed new rules limiting the incentive pay of employees and other service providers at...


Pillsbury Winthrop Shaw Pittman

Client Alert Client Alert Aviation, Aerospace & Transportation India Aviation, Aerospace & Transportation May 18, 2016 Indian Regulator to Consider the Civil and Commercial Use of Drones By Moushami P. Joshi, Jennifer E. Trock, Stephen B. Huttler, Sanjay J. Mullick, Graham G. Wisner and Kenneth P. Quinn Last month, India’s civil aviation regulator, the Directorate...


Morrison & Foerster

The Rise of the “Private Surgeon General” William L. Stern and Janelle J. Sahouria, Morrison & Foerster LLP This Article is published by Practical Law Company on its PLCLaw Department web service at http://us.practicallaw.com/6-503-9607. An Article discussing some of the major challenges that “private Surgeon General” suits pose to product...


Morrison & Foerster

MOFO GLOBAL PROCUREMENT QUARTERLY Spring 2015 IN THIS ISSUE Right to Modify? Page 1 International Brands May Trigger Cross-Border Interest in EU Tenders Page 3 Q&A with James Koukios Page 5 GSA Data Reporting Page 7 International IT Companies Face Continuing Headwinds in China Page 9 RIGHT TO MODIFY? When can an existing public contract be amended without undergoing a new procurement...


Morrison & Foerster

Government Contracts Compliance Backgrounder ©2012 Morrison & Foerster LLP | All Rights Reserved | mofo.com Government Contracts Compliance Backgrounder What You Need to Know About Government Contracts Compliance PRACTICE GROUP CHAIRS Richard J. Vacura 1650 Tysons Boulevard Suite 400 McLean, VA 22102 (703) 760-7764 rvacura@mofo.com The Government Can Be a Good...


Morrison & Foerster

MORRISON & FOERSTER INSIGHTS CONSUMER OUTLOOKS ON PRIVACY EXECUTIVE SUMMARY Privacy is a social norm, sometimes captured in laws and regulations, which sets limits on the collection, protection, processing, and deletion of personal information. As has become increasingly clear in recent years, privacy presents real business risks that have the potential to negatively impact a...


Morrison & Foerster

Client Alert March 22, 2016 Tax Treatment of “Bad Boy Guarantees” Challenged by Recent IRS Memorandum By Michelle Jewett, Matthew Lau, and Nicole Humphrey I. OVERVIEW A recently released legal memorandum by the Internal Revenue Service (IRS) Office of Chief Counsel, CCA 201606027 (the “Memorandum”), concluded that a so-called “bad boy...


Morrison & Foerster

The EU General Data Protection Regulation: A Primer for International Business Alex van der Wolk and Sotirios Petrovas 03/23/2016 Privacy + Data Security Client Alert 1. Introduction The European Union will soon enact the General Data Protection Regulation (GDPR) to regulate the collection and processing of personal information of EU individuals. When the GDPR comes into effect in 2018, it...


Morrison & Foerster

A N E W Y O R K L A W J O U R N A L S P E C I A L Intellectual Property Volume 255—NO. 63 S E C T I O N www. NYLJ.com Monday, april 4, 2016 Breaking Down Four Big Changes In Patent Litigation By Michael A. Jacobs And Richard S.J. Hung T he patent landscape arguably has never undergone so much change so quickly as in the last few years. Some of the intense judicial scrutiny of...


Morrison & Foerster

EU Parliament Approves General Data Protection Regulation Alex van der Wolk and Ronan Tigner 04/15/2016 Privacy + Data Security Client Alert After four years of intense negotiations, EU institutions have finally closed the deal on the General Data Protection Regulation (GDPR), which was introduced by the EU Commission on January 25, 2012 as part of its data protection package.[1] The EU...


Morrison & Foerster

Client Alert April 22, 2016 Top Ten International Anti-Corruption Developments for March 2016 By the MoFo FCPA and Global Anti-Corruption Team In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. March closed out an...


Morrison & Foerster

Client Alert April 25, 2016 New Executive Compensation Rule At-A-Glance On April 21, 2016, the National Credit Union Administration approved a proposed rule on incentive compensation under Section 956 of the Dodd-Frank Act. The other appropriate Federal regulators, as defined in Section 956, are expected to follow suit shortly. Following is a chart of the key provisions of the proposal....


Morrison & Foerster

Volume 255—NO. 80 Outside Counsel 88 8 SER V AND www. NYLJ.com H NC THE BE ING 1 BA R SINCE Wednesday, April 27, 2016 Expert Analysis Corporate Disclosure of Government Investigations Under Securities Law W hen a public company learns that it is the subject of a government investigation, the company must decide whether and when to publicly disclose the investigation. While...


Morrison & Foerster

Client Alert April 26, 2016 Possible Worlds Versus Probable Worlds − the Metaphysics of Systemic Risk: FSOC Revisits Asset Managers By Jay G. Baris and Oliver I. Ireland On April 18, 2016, the Financial Stability Oversight Council (FSOC) again warned that asset managers present systemic risk to financial stability in five key areas: • liquidity and...


Morrison & Foerster

Special Issue May 4, 2016 Implications of the DOL Fiduciary Rule for Structured Products On April 6, 2016, the Department of Labor (“DOL”) issued its final conflict of interest regulations, which significantly expand who is considered a fiduciary when dealing with a retirement account. The new regulations, together with a number of amended and final prohibited transaction...


Morrison & Foerster

Client Alert May 11, 2016 Top Ten International Anti-Corruption Developments for April 2016 By the MoFo FCPA and Global Anti-Corruption Team In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: What...


Morrison & Foerster

Client Alert May 13, 2016 Treasury Issues White Paper on Online Marketplace Lending By Donald C. Lampe, Jeremy R. Mandell, and Calvin Funk* On May 10, 2016, the U.S. Department of the Treasury (“Treasury”) issued a white paper, entitled “Opportunities and Challenges in Online Marketplace Lending” (“White Paper”). The White Paper...


Morrison & Foerster

Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | customerservice@law360.com The Metaphysics Of Systemic Risk Law360, New York (May 13, 2016, 11:37 AM ET) -On April 18, 2016, the Financial Stability Oversight Council again warned that asset managers present systemic risk to financial stability in five key...


Morrison & Foerster

Client Alert May 16, 2016 The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions? By Angela E. Kleine, Jim McCabe, Ben Patterson Today the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for...


Morrison & Foerster

Client Alert May 16, 2016 FinCEN Finalizes Customer Due Diligence Rule for Legal Entity Customers On May 11th, 2016, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the Department of the Treasury, published a Final Rule (the “Rule”) on customer due diligence after a four-year rulemaking process. The Rule requires covered financial...


Morrison & Foerster

130 days, 1,500 notifications: Does Dutch breach rule foreshadow GDPR? Lokke Moerel and Alex van der Wolk 05/17/2016 Privacy + Data Security Client Alert As we write this, it is now four months since the new data breach notification law in the Netherlands went into effect. Since 1 January 2016, data controllers are obliged to notify the Dutch data protection authority (DPA) and individuals if...


Morrison & Foerster

1 0 Competitive Bes t Practic es f or W inning Government Contracts BYCharles Capito Ten ways com advantage overpanies can gain the and avoid comm the competition competing for on mistakes when federal govern important U.S. ment contract s. 70 Contract Management | June 2016 10 COMPETITIVE BEST PRACTICES FOR WINNING GOVERNMENT CONTRACTS Counsel for companies engaged in bid protests over...


Katten Muchin Rosenman

Advertising, Marketing and Promotions Advisory January 4, 2016 FTC Issues Much-Anticipated Guidance Regarding “Native” Advertising For more information, please contact any of the following members of Katten’s Advertising, Marketing and Promotions practice. The Federal Trade Commission (FTC) released two highly anticipated documents...


Katten Muchin Rosenman

Real Estate Advisory January 6, 2016 What Two Recent California Supreme Court Rulings Mean for Analysis of Environmental Impact at Project Sites and Greenhouse Gas Emissions and Protected Species For more information, please contact any of the following members of Katten’s Real Estate practice. By Cynthia L. Burch and Bryan K. Brown Bryan K. Brown The California Supreme Court...