efore 2009, we saw tremendous growth in wind energy development in the United States. While growth has slowed during the current economic crisis, this upward trend is likely to continue in part as a result of the American Recovery and Reinvestment Act of 2009 (the Stimulus Act).
A threshold issue for developing any wind energy resource is negotiating and formalizing the developer’s rights in the land where the project will be built. Unlike other aspects of such a project, the process of stitching together a workable “wind farm” involves negotiating land rights with a large number of individuals, usually farmers, for whom the project presents both benefits and concerns.
On July 1, 2009, the US Securities and Exchange Commission approved the New York Stock Exchange’s amendment to Rule 452, eliminating the ability of brokers to vote in their discretion with respect to elections of directors.
Rule 452, titled “Giving Proxies by Member Organizations,” allows brokers to vote on “routine” proposals if the beneficial owner of the stock has not provided specific voting instructions to the broker at least 10 days before a scheduled meeting.
July 1, 2009, marks the arrival of a significantly different continuing disclosure regime for the US municipal bond market. Starting then, issuers and obligated persons are required to file continuing disclosure information with the Municipal Securities Rulemaking Board (the MSRB) instead of with the four prior Nationally Recognized Municipal Securities Information Repositories (NRMSIRs) that had been designated to receive the information.
Illinois Public Act 096-0028 (the “Act”) became effective June 30, 2009. The Act permits wind energy projects across Illinois to obtain exemptions from sales and use taxes by direct application to the state.
The antitrust division of the German Federal Court of Justice (Bundesgerichtshof, “BGH”) addressed the admissibility of the so-called compulsory license defense under antitrust law in patent infringement proceedings in a judgment dated 6 May 2009.
A company is sued by a class of investors. The investors issue a discovery request for a large number of data files that are only tangentially related to their claim.
This alert considers the Race Discrimination Ordinance and the Minimum Wage Bill. These two pieces of legislation will change the HR landscape in Hong Kong materially.
A solicitor and a recovery agent were recently found guilty in Hong Kong's first-ever criminal convictions for maintenance and champerty. Maintenance is the common law offence of third parties supporting litigation by others, and champerty, being a specific species of maintenance, occurs when a person funds a case to win a portion of the compensation.
Competition - General; EU - Phase I merger notifications published in the Official Journal; State Aid; UK Competition; Competition: Member States; Competition: Other jurisdictions; Communications/IT/Media; Energy; Pharmaceuticals; Financial Services
JSM acted for Capital Strategic Investment Limited (CSI) in the sale of 36/F (25,835 sq.ft.) of Shun Tak Centre (China Merchants Tower), which they agreed to acquire the week before, at a price of HK$10,700 per sq.ft. The transacted amount is HK$277 million representing a profit of HK$15 million within two days.
The Government has announced proposals to make significant changes to certain aspects of English corporate insolvency law. The proposals, which are set out in the Consultation document “Encouraging Company Rescue”, are intended to give struggling but viable companies a greater chance of survival.
In 2007 the CFI dealt a partial but important victory to Schneider in its damages case against the Commission. The case is now on appeal before the ECJ. In his opinion, the AG disagreed with the CFI and proposed the revision of the first instance judgment.
This article considers whether the European Commission's recently published Guidance Paper on the assessment of certain types of exclusionary conduct provides any practical guidance for dominant companies in the EU as to what activities they can engage in without infringing Article 82 EC Treaty.
On March 18, 2009, the US District Court for the District of Columbia enjoined the proposed merger between CCC Holdings, Inc., and Mitchell International, Inc. This article discusses the Federal Trade Commission's recent success in this case and what it means for future mergers.
As of 25 March 2009, new turnover thresholds determine the applicability of German merger control. This article explains the new regime and describes the formal and substantive issues in relation to merger control proceedings before the German Bundeskartellamt.
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