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Date Title
3 February 2012HTML DocumentNYSE Limits Broker Discretionary Voting on Corporate Governance Proposals
Legal Update - Corporate & Securities, United States

NYSE Rule 452 governs the situation where NYSE member brokers are permitted to vote shares for proxy proposals without specific instructions from their clients. In recent years, the situations where brokers have been permitted to vote without direction from their clients have been limited so that brokers are now prohibited from voting uninstructed shares for the election of directors and from voting on executive compensation proposals.

3 February 2012HTML DocumentIllinois Supreme Court Rules that Mining Act Permits Are Not Subject to Judicial Review Outside of the Administrative Review Law
Legal Update - EnvironmentalMining, United States

In a unanimous opinion, the Illinois Supreme Court has ruled that the citizen suit provision of the Illinois Surface Coal Mining Land Conservation and Reclamation Act, 225 ILCS 705, et seq. (the “Mining Act”), does not allow for judicial review of the terms of mining permits issued by the Illinois Department of Natural Resources (IDNR)—even if it is alleged that permit terms violate the Mining Act itself.

1 February 2012PDF DocumentLeniency Applications Protected: German Court denies Private Plaintiffs Access to File
Legal Update - Antitrust & Competition, Europe, European Union

Yesterday, a decision of the Local Court of Bonn, Germany, became public denying a company seeking redress from cartelists access to a leniency application and documentary evidence submitted in the context of a cartel proceeding.

1 February 2012HTML DocumentFourth Circuit Rules that Federal Law Preempts State-Law Claims Arising from Alleged Malfunction of Medical Device that Complied with FDA Requirements
Legal Update - Life SciencesMass Torts & Product LiabilitySupreme Court & Appellate, United States

In Walker v. Medtronic, Inc., No. 10-2219, ___F.3d___ (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had received premarket approval from the Food and Drug Administration and had complied with all requirements imposed by the agency.

31 January 2012PDF DocumentPrivate Investment Funds
Brochure - Private Investment Fund, China, Hong Kong

An extensive Private Investment Funds practice involving more than 100 lawyers from the firm’s worldwide offices. Our lawyers’ broad market experience enables fund sponsors, advisers and investors to structure funds and investments creatively and efficiently to maximise fund-raising flexibility and opportunities.

January 2012PDF DocumentPRIME Finance - specialist panel for resolving global financial disputes
Legal Update - Banking & FinanceInternational ArbitrationLitigation & Dispute Resolution, Global

A new and dynamic approach to resolving complex cross-border financial disputes was unveiled this month with the opening conference in The Hague of PRIME Finance, the Panel of Recognised International Market Experts in Finance.

31 January 2012PDF DocumentEU and UK Antitrust/Competition Group London : Competition Bulletin
Newsletter - Antitrust & Competition, United Kingdom / England & Wales

EU Competition; EU – Phase I merger notifications; UK Competition; State Aid

January 2012PDF DocumentEmployment Law Agenda 2012: Key developments to have on your radar
Legal Update - Employment, United Kingdom / England & Wales

2012 is set to bring with it some important changes to UK employment law. There are some key dates that employers should ensure they have in mind and are prepared for. These are outlined below. Employers also need to be alert to the large number of proposals still under consideration by the Government, which are expected to be implemented later this year.

31 January 2012HTML DocumentApplying Illinois’s Anti-SLAPP Statute Following the Illinois Supreme Court’s Decision in Sandholm v. Kuecker
Legal Update - Commercial Litigation, United States

A recent Illinois Supreme Court decision, Sandholm v. Kuecker, creates additional complexity when seeking dismissal based on Illinois’s anti-SLAPP (“Strategic Lawsuit Against Public Participation”) statute.

31 January 2012PDF DocumentTip of the Month, January 2012 - Court-Initiated Pilot Programs and Model Rules in E-Discovery
Newsletter - Antitrust & CompetitionCommercial LitigationConsumer Class ActionsEmployee BenefitsEmploymentIntellectual PropertyInternational ArbitrationMass Torts & Product LiabilityProfessional LiabilitySecurities LItigation & EnforcementWhite Collar Defense & Compliance, United States

Scenario An organization is named as a defendant in a putative class action in the Southern District of New York. In-house counsel notices the long order that follows the complaint, including a twelve-page form that the parties are to complete regarding electronic discovery. In-house counsel is concerned about gathering all of that information so early in the litigation, and wonders if other courts are requiring similar early due diligence with respect to electronic discovery.

January 2012PDF DocumentGlobal Corporate Insurance & Regulatory Bulletin
Legal Update - Insurance & Reinsurance, Global

On 22 December 2011, the European Commission (“EC”) published a press release and guidelines (the “Guidelines”) on the application of the Gender Directive (2004/113/EC) (the “Directive”) in light of the decision of the European Court of Justice (“ECJ”)

31 January 2012HTML DocumentPractical Guide to Fund Managers on Dealing Disclosure Obligations under The Takeovers Code
Legal Update - Corporate & Securities, Hong Kong

Securities and Futures Commission ("SFC") published its "Guidelines to fund managers on dealing disclosure obligations under Rule 22 of the Code on Takeovers and Mergers (Takeovers Code)" ("Guidelines") on 29 December 2011 to set out some practical guidance which fund managers (being "associates" as defined in the Takeovers Code) may follow to ensure timely and appropriate compliance with their dealing disclosure obligations under the Takeovers Code.

30 January 2012HTML Document25 Percent Public Float is Required to Resume Trading
Legal Update - Corporate & Securities, Hong Kong

Hong Kong Exchanges and Clearing Limited ("HKEx") published its listing decision "HKEx-LD23-2011" on 30 December 2011 in which it decided that the listed issuer ("Listco") was required to restore its public float to at least 25 percent before it could resume trading of its shares.

30 January 2012HTML DocumentUpdate on Enforcement of Social Insurance Contributions Requirements for Foreign Employees in China
Legal Update - Employee BenefitsEmploymentEmployment & Benefits, China

In December 2011, the PRC Ministry of Human Resources and Social Security ("MOHRSS") issued a circular ("Circular") urging local HRSS bureaux to enforce the Interim Measures on Participation in PRC Social Insurance of Foreigners Employed in China (the "Interim Measures").

30 January 2012PDF DocumentRecent changes in French transfer tax treatment impact structuring of block trades
Legal Update - Corporate & Securities, France

France has recently lifted a cap on registration duties (droits d’enregistrement) applicable to certain transfers of equity interests in corporations listed or headquartered in France, which may have a significant impact on the way block trades involving French companies are structured. Buyers and sellers of shares listed on the French securities markets, as well as their financial and legal advisors, will need to take into account the potential increased transaction costs of block trades.

30 January 2012PDF DocumentPensions Regulator issues another FSD
Legal Update - PensionsRestructuring, Bankruptcy & Insolvency, United Kingdom / England & Wales

The Pensions Regulator has issued a financial support direction ("FSD") to ITV plc ("ITV") and four of its subsidiaries in connection with the Boxclever Group Pension Scheme (the "Scheme"). ITV has appealed the issuing of the FSD to the Upper Tribunal.

27 January 2012HTML DocumentFund Manager not a Connected Person
Legal Update - Corporate & Securities, Hong Kong

Hong Kong Exchanges and Clearing Limited ("HKEx") published its listing decision "HKEx-LD22-2011" on 30 December 2011. HKEx determined that a fund/asset manager ("Manager") who was holding approximately 12 percent of the shares of a listed issuer ("Listco") on behalf of clients of certain funds managed by it was not a connected person of Listco under the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited ("Listing Rules").

27 January 2012PDF DocumentReform of EU data protection laws – no immediate action by pension schemes required
Legal Update - Pensions, United Kingdom / England & Wales

The European Commission (“EC”) has proposed a comprehensive reform of EU data protection laws. Whilst at first glance the proposals may give pension schemes cause for concern, they have no immediate implications as they will not take effect for at least two years.

27 January 2012HTML DocumentLITIGATIONWeek: This Week in California Litigation
Newsletter - Employment, United States

California’s impact on national and even global business reaches far beyond its state line. Whether you are based in California, have operations here or do business in the state, regulatory and judicial decisions made here can affect your business significantly.

27 January 2012HTML Document2011 Tips of the Month – A Compilation
Newsletter - Antitrust & CompetitionCommercial LitigationConsumer Class ActionsElectronic Discovery & Records ManagementEmployee BenefitsEmploymentEmployment & BenefitsIntellectual PropertyInternational ArbitrationMass Torts & Product LiabilityProfessional LiabilitySecurities LItigation & EnforcementWhite Collar Defense & Compliance, Global

Happy New Year from the Mayer Brown Electronic Discovery & Records Management Practice. We hope you found our Tips of the Month to be a valuable resource in 2011. To begin the new year, we are pleased to present a compilation of the year’s tips for easy reference.

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