Mayer Brown Publications

"First come, first served": The different assessment of parallel mergers in the EU and the US

Fri, 22 Mar 2013 18:32:22 GMT

“First come, first served” is not only crucial in the context of leniency applications. In the EU, it is also the basis for merger control assessments of parallel transactions affecting the same product market. The article analyzes the implications of this approach and compares it with the situation in the US.

"It's the contract, stupid!"

Thu, 03 Jan 2013 14:34:40 GMT

At this time of year, it is natural to look back and take stock of the last 12 months, and employment lawyers are no different. Looking back over 2012, we have noticed a clear trend from the cases which emphasise the ability of employer and employee to set the terms by which they will agree to work together. But as the tag line goes, with great power comes great responsibility, and the counter-part to this freedom is that the Courts have shown that they will not necessarily come to the aid of a party who has made a bad or unexpected bargain.

Brunswick Revisited: Antitrust Injury in a Competitor’s Merger Challenge

Thu, 31 May 2012 17:03:20 GMT

This article reexamines the significant role that the antitrust injury requirement plays in competitor suits. Particular attention is given to the First Circuit’s antitrust injury analysis in Sterling Merchandising, Inc. v. Nestlé, S.A., which rejected a competitor’s merger challenge and may serve to raise the bar for future antitrust plaintiffs who have achieved success following an alleged violation.

In re Fairfield Sentry Ltd.: Second Circuit Court of Appeals Provides Guidance to “COMI” Determinations in Chapter 15 Cases

Fri, 19 Apr 2013 04:00:00 GMT

On April 16, 2013, in Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.),1 the US Court of Appeals for the Second Circuit issued an important decision informing fundamental concepts of cross-border insolvency law as implemented pursuant to Chapter 15 of the Bankruptcy Code.

2012 Tips of the Month – A Compilation

Tue, 29 Jan 2013 15:52:07 GMT

2013 Policy Address - Housing and Land Supply: Summary and Comments

Wed, 16 Jan 2013 10:42:02 GMT

The Chief Executive, Mr. C.Y. Leung, presented his first Policy Address to the Legislative Council on 16 January 2013.

The Chief Executive used an extensive part (paragraphs 49 to 91) of the Policy Address to lay out the short, medium and long term strategy to deal with Hong Kong's housing and land problems.

A Case of Unlawful Disability Discrimination in the Workplace

Fri, 11 Jan 2013 01:53:31 GMT

In Kan Che Sing v. Lucky Dragon Boat (Belvedere) Restaurant Limited, the Plaintiff, Mr. Kan Che Shing (Kan), sued his former employer, Lucky Dragon Boat (Belvedere) Restaurant Limited (the Defendant), for direct and indirect disability discrimination. Although the Defendant made no explicit remarks about Kan’s disabilities in terminating his employment, the Court found that the reason for Kan’s dismissal was due to his injuries. On this basis, the Court ruled in favour of Kan and awarded damages for injury to his feelings and loss of income.

A Data Privacy Law that Has Teeth and Can Bite

Tue, 12 Jun 2012 02:30:21 GMT

The Personal Data (Privacy) (Amendment) Bill 2011 (the "Amendment Bill") which was published in July 2011 is generally expected to be passed by the Legislative Council before its term ends in July this year.

A Data User's New Obligations - Data Privacy Law that Has Teeth and Can Bite (Part 2)

Wed, 26 Sep 2012 09:10:48 GMT

The Personal Data (Privacy) Amendment Ordinance 2012 will come into force in Hong Kong on 1st October 2012.

This legal update is part of our series of updates to discuss its implications for employers and other data users.

In this legal update, we look at a data user's obligations when engaging third party processors such as payroll agents, pension administrators, external IT consultants, and waste disposal/ shredding companies. We also look at ways of discharging these new obligations.

So, if you engage any of these third party data processors, it is time to reconsider your current arrangements with them to ensure you are in compliance with the Amendment Ordinance!

A global financial transaction tax by any other name?

Tue, 26 Feb 2013 11:00:31 GMT

On 14 February 2013, the European Commission published a proposal for a financial transaction tax (“FTT”) to be introduced in a subset of the EU: Germany, France, Spain, Italy, Belgium, Austria, Estonia, Slovenia, Slovakia, Portugal and Greece. The scope of the proposal is such that it is being termed a global financial transaction tax. Should it be adopted, the tax will come into effect on 1 January 2014.

A Guide to Doing Business - Hong Kong

Tue, 26 Mar 2013 09:22:05 GMT

Count on Mayer Brown JSM to provide you with a comprehensive guide to doing business in Hong Kong. The guide answers some of the most common questions raised by investors who are considering investing in Hong Kong, and outlines some of the main issues that should be considered in 2013.

A New Era for Enforcement of Foreign Arbitration Awards in India

Fri, 12 Oct 2012 19:43:45 GMT

The Indian Supreme Court has issued an important decision that affects the enforceability of foreign international arbitration awards in India.

A New Phase of AML Enforcement by SAIC - Liaoning AIC Publishes Guidelines on Evidence Handling for Antitrust Violations

Mon, 13 May 2013 10:40:32 GMT

Announced on the State Administration of Industry and Commerce (SAIC) website on 3 May 2013, the Guideline on the Handling of Evidence for Anti-monopoly Cases (Liaoning Guideline) issued by Liaoning Administration of Industry and Commerce (AIC) represents the next phase of Anti-Monopoly Law (AML) enforcement activity by the SAIC.

A Privilege in Jeopardy

Tue, 20 Nov 2012 19:52:51 GMT

A Quick Look at the New SFC Guidelines on Disclosure of Inside Information

Mon, 18 Jun 2012 09:38:07 GMT

Hong Kong's new statutory price sensitive information/inside information disclosure regime (PSI Disclosure Regime) will take effect on 1 January 2013. As part of the new regime, the Securities and Futures Commission (SFC) has gazetted its "Guidelines on Disclosure of Inside Information" (PSI Disclosure Guidelines) to assist the market to understand and comply with the new requirements. It will also take effect on 1 January 2013.

A Quick Start Guide to EMIR: What you need to do and when

Mon, 21 Jan 2013 15:17:13 GMT

On 19 December 2012 the Commission adopted the majority of the subordinate legislation necessary to implement Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (“EMIR”). The majority of that legislation is likely to become law in or around March 2013 and some risk mitigation requirements will apply at that point.

It appears that, although the first clearing obligation may not apply until the summer of 2014, the first reporting obligation may apply from 1 July 2013 and further risk mitigation obligations are likely to apply in or around September 2013. In addition, firms may need to make a number of notifications and applications for exemptions to the Financial Services Authority / Financial Conduct Authority in early 2013. At present, therefore, firms ought to be assessing whether they will be ready for EMIR to come into force. The quick start guide at page 4 sets out some of the things that firms should start to consider.

A Second Chance at Legal Certainty: AIG Collapse Provides Impetus to Regulate Credit Default Swaps

Mon, 25 Feb 2013 20:12:45 GMT

A Secured Creditor's Practical Guide to the Use of Cash Collateral by a Debtor-in-Possession

Tue, 11 Sep 2012 21:04:06 GMT

A US Court of Appeals rejects the FTC’s latest “Pay-For-Delay” challenge (FTC v. Watson) (co-author)

Mon, 11 Mar 2013 19:18:26 GMT

A Window on Terrorism: The Foreign Intelligence Surveillance Act

Tue, 20 Nov 2012 19:57:50 GMT

A/B Note Intercreditor Agreements: Control and Security

Wed, 27 Feb 2013 21:53:12 GMT

Additional labor rights for domestic employees

Mon, 01 Apr 2013 04:00:00 GMT

A proposal for Constitutional Amendment was approved and will increase labor rights for domestic employees.

Addressing UBTI Concerns in Capital Call Subscription

Mon, 12 Nov 2012 05:00:00 GMT

When a real estate or private equity fund incurs debt under a subscription credit facility (also called a capital call facility), certain of its tax-exempt investors, such as pension plans, private foundations, universities and charitable endowments, can be subject to unrelated business income tax on their unrelated business taxable income (UBTI).

Adverse Possession: Filling in the gaps on squatter's title

Fri, 01 Feb 2013 08:39:14 GMT

In a Point of Law article in the South China Morning Post, "Adverse Possession: Filling in the gaps on squatter's title", published 30 January 2013, Alan Yip discusses the Law Reform Commission's proposal to overhaul the law on adverse possession.

Advises REDA on legislation to regulate the sale of first-hand residential properties

Fri, 01 Feb 2013 09:13:34 GMT

Alan Yip is advising the Real Estate Developers Association of Hong Kong (REDA) on the legal impact of the Residential Properties (First-hand Sales) Ordinance, which was passed by the Legislative Council in mid-2012 and is scheduled to come into effect on 29 April 2013.

Advocate General issues opinion in Football Dataco v Sportradar

Thu, 21 Jun 2012 17:56:31 GMT

In an important development earlier today, the Advocate General of the European Court of Justice has said that where a website operator displays material on its website that infringes the sui generis database right of a third party, that operator infringes the third party’s rights both in the country in which the server hosting the website is based and in the countries in which the users accessing that information are based.

Agreement ICMS nº 108/2012—ICMS Payment Program

Wed, 17 Oct 2012 21:24:54 GMT

The Brazilian Treasury Policy Council (CONFAZ) executed ICMS Agreement ICMS no. 108/2012 allowing the State of São Paulo to implement an Installment Payment Program for overdue ICMS. The Program is expected to include tax debts that fell due up to July 31, 2012.

AIFMD Update—Impact on Fund Managers Outside the European Union

Thu, 14 Feb 2013 20:33:31 GMT

In July 2013, the EU Alternative Investment Fund Managers Directive (AIFMD) will be implemented across the EU Member States.

Aktuelle Rechtsentwicklung im Kreditgeschäft

Wed, 28 Nov 2012 05:00:00 GMT

Alice's Adventures Revisited: A Look at the Wonderland of Reinsurance Fraud and Two Potential Victims: Kenilworth and POSA

Fri, 10 Aug 2012 16:30:37 GMT

Alignment of Sourcing and Tax Principles in Contract Manufacturing

Thu, 20 Dec 2012 17:18:08 GMT

Contract manufacturing offers a variety of benefits to non-US subsidiaries of US-based multinational companies that want to outsource the manufacture of their products to be sold in the United States.

Alternative Dispute Resolution Processes In the Current U.S. Transfer Pricing Landscape

Thu, 28 Jun 2012 04:00:00 GMT

In view of recent developments affecting the transfer pricing landscape, which likely forecast an uptick in Internal Revenue Service adjustments, the authors examine the various alternative dispute resolution processes available to taxpayers.

Alternative Private Equity Fund Models

Tue, 03 Jul 2012 04:08:21 GMT

There appears to be no shortage of potential fund managers interested in launching a private equity fund and equally there appears to be no shortage of investors interested to participate in private equity style investing. So why is it often so difficult for potential fund managers to raise and close private equity funds?

Amending contracted-out rights and bulk transfers: new rules

Mon, 08 Apr 2013 13:44:45 GMT

New regulations which came into force on 6 April 2013 will affect the amendment of post-1997 contracted-out rights and bulk transfers.

Amendment to Personal Data (Privacy) Ordinance Takes Effect 1 April 2013

Wed, 06 Feb 2013 06:54:54 GMT

The new provisions relating to direct marketing and legal assistance for aggrieved individuals introduced by the Personal Data (Privacy) (Amendment) Ordinance 2012 (the "Amendment Ordinance") will take effect on 1 April 2013.

Amendments to Compensation Committee Charters

Wed, 20 Mar 2013 20:52:58 GMT

The New York Stock Exchange, the Nasdaq Stock Market and other US stock exchanges have adopted new compensation committee listing standards to comply with the Dodd-Frank Wall Street Reform and Consumer Protection Act and related SEC Rule 10C-1.

Amendments to PRC Labour Contract Law Passed by NPC

Wed, 09 Jan 2013 10:49:22 GMT

In our updates on 20 November 2012 (Proposed Amendments to the PRC Employment Contract Law - Impact on Labour Dispatch Companies (Part 1)) and 23 November 2012 (Proposed Amendments to the PRC Employment Contract Law - Impact on Labour Dispatch Companies (Part 2)) we reported on a proposal by the National People’s Congress (NPC) to change the PRC Labour Contract Law dealing with labour dispatch.

On 28 December 2012, the proposed changes on which we had reported were largely adopted by the NPC (the "Amendment"). The Amendment will become effective as of 1 July 2013. The NPC seeks, by means of the Amendment, to characterise the labour dispatch arrangement as an auxiliary mode to mainstream employment arrangements, and to limit the utilisation of labour dispatch arrangements to a defined reduced scope.

Amendments to Singapore's Arbitration Acts

Tue, 12 Jun 2012 01:48:49 GMT

The amendments to Singapore's International Arbitration Act and Arbitration Act (the latter dealing with the domestic arbitration regime in Singapore ("together, the Amendment Acts"), which were passed in early April 2012, came into effect on 1 June 2012.

Amicus Briefs in the Supreme Court

Thu, 21 Jun 2012 20:10:47 GMT

An Annotated Dividend Reinvestment Plan

Thu, 02 May 2013 16:59:10 GMT

An Idea Whose Time Has Come: IRS Established/Published Safe Harbors for Routine Services

Mon, 04 Mar 2013 23:09:39 GMT

An important new weapon in pan-European patent disputes - the English Courts can hear non-English patent infringement cases

Mon, 03 Dec 2012 15:30:48 GMT

The English Patents Court has delivered a ground-breaking judgment which could change the way that European patent litigation is conducted. It has significant strategic implications for companies involved in pan-European patent litigation, or who are crafting such strategies.

An Innovative Approach to Collaborative Contracting

Thu, 20 Dec 2012 17:18:40 GMT

Companies regularly work with technology providers on collaborative projects. In collaborative projects, the customer and the technology provider each bring key resources and expertise as they work together to, for example, implement a complex new computer system.

An IRS Trifecta: Three Public Releases Affecting Hedge Funds and Funds of Funds Issued on One Day

Mon, 04 Feb 2013 22:14:05 GMT

An Original Grant Patent System and Other Changes Recommended

Mon, 18 Feb 2013 04:21:50 GMT

On 7 February 2013, just two days before the Chinese New Year holidays, the Government published the Report of the Advisory Committee on Review of the Patent System in Hong Kong ("Committee"). As part of the review, a public consultation paper was issued in October 2011 to invite views on whether an original grant patent (OGP) system should be introduced in Hong Kong; whether the current re-registration system for standard patents should be maintained and if so, whether it should be expanded to recognise patents granted by offices other than the European Patent Office, the United Kingdom Patent Office and the PRC Patent Office; whether the short-term patent system should be retained and improved; and whether patent agency services should be regulated and how. (Please see the attached article, 'Is patent reform in Hong Kong on the horizon', also by Kenny Wong, published in the June 2012 issue of Intellectual Property Magazine.) A total of 74 submissions were received and considered.

Analysis of Policy Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations

Thu, 31 May 2012 17:06:46 GMT

The 2010 Affordable Care Act encourages the formation of Accountable Care Organizations (ACOs) by hospitals and other health care providers to reduce health care costs and improve quality of care. This article describes the Statement of Antitrust Enforcement Policy Regarding ACOs issued last year by the Federal Trade Commission and the Department of Justice and identifies concerns that the Policy Statement may permit the formation of ACOs that can exercise market power in negotiating with commercial health plans.

Analytical Framework for Electronic Commerce Helps to Determine Tax Implications in Multiple Jurisdictions

Fri, 01 Mar 2013 20:19:17 GMT

ANEEL Establishes New Rules for Approval of Change In Corporate Control

Wed, 20 Jun 2012 13:47:48 GMT

Pursuant to Resolution No. 484, of April 24, 2012, the Brazilian Electric Energy Agency (“ANEEL”) established new rules for approval of changes in corporate control of concessionaires, permission holders and authorized firms for electric energy services and facilities.

ANEEL Normative Resolution 531/2012: New financial guarantee rules in the spot market

Tue, 26 Feb 2013 05:00:00 GMT

As a result of the Public Hearing No. 102/2012, the Brazilian Electric Energy Agency (“ANEEL”) published Normative Resolution No. 531, dated December 21st, 2012 (“Resolution 531/2012”), in order to change the calculation methodology for financial guarantees associated with the spot market of the Electric Energy Commercialization Chamber (“CCEE”).

Announcement 2012-42: Timelines for Due Diligence and Other Requirements Under FATCA

Thu, 01 Nov 2012 17:04:15 GMT

The Internal Revenue Service and the US Department of Treasury have issued “Announcement 2012-42: Timelines for Due Diligence and Other Requirements under FATCA” (the Announcement).

Annual Survey of Texas Law: Corporations

Tue, 03 Jul 2012 16:17:43 GMT

ANP’s Regulatory Agenda / Natural Gas Pipeline Bids as from Mid 2014

Thu, 02 May 2013 14:34:21 GMT

On April 18, 2013, the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) published its regulatory agenda for 2013 and 2014.

Anti-Suit Injunctions in Defence of Arbitration: Protecting the Right to Arbitrate in Common and Civil Law Jurisdictions

Wed, 30 May 2012 17:10:12 GMT

Antitrust & Competition Review

Thu, 31 May 2012 18:24:52 GMT

Welcome to the Spring/Summer 2012 edition of the Mayer Brown Antitrust & Competition Review. In this issue, we have four articles covering issues from the Americas, two from Europe, and one from China.

Antitrust & Competition Year in Review 2012

Mon, 08 Apr 2013 16:00:19 GMT

In 2012, Mayer Brown’s Antitrust & Competition practice was proud to represent clients in many important cases, achieving significant results for clients around the world. We also added an impressive group of lawyers to our partner ranks.

Antitrust Developments in the Food Sector in the EU

Thu, 02 May 2013 15:59:39 GMT

Antitrust in the Skies: The United and Olympic Airline Mergers

Wed, 12 Dec 2012 17:06:16 GMT

APEC Members Agree to Reduce Tariffs, Promote Green Growth and Boost Regional Trade for Approved List of Environmental Goods

Fri, 14 Sep 2012 19:47:59 GMT

On September 9, 2012, the 21 Asia-Pacific Economic Cooperation (APEC) members reached an agreement on a list of environmental goods on which they will reduce tariffs to 5 percent or less by 2015 (“APEC Environmental Goods List” or “List”).

App developers need to obtain free and informed consent to collect personal data from end users via apps

Wed, 20 Mar 2013 10:17:41 GMT

The Article 29 Data Protection Working Party (the "Working Party") has warned that many app developers are failing to comply with European data protection law by collecting personal data on end users from apps on their mobile devices without obtaining sufficient consent to do so.

Appeals to the Supreme Court

Mon, 25 Jun 2012 15:49:45 GMT

Business and Commercial Litigation in Federal Courts

Appellate Court Rules Secured Creditors Can Switch Priorities Pursuant to a Subordination Agreement if the Subordinating Creditor’s Security Interest Is Enforceable

Tue, 19 Mar 2013 18:11:53 GMT

In Caterpillar Financial Services Corporation v. Peoples National Bank, N.A. (March 4, 2013), the US Court of Appeals for the Seventh Circuit, applying Illinois law, held that, under the “partial subordination” approach to lien subordination agreements, a junior creditor could move into a first-priority position by entering into a lien subordination agreement with the first-priority creditor, even moving ahead of other creditors not party to such lien subordination agreement that would otherwise be more senior.

Appleseed and Appleseed México Receive UNICEF Award for “Children at the Border” Report

Thu, 21 Jun 2012 04:00:00 GMT

On April 25, 2012, Mayer Brown pro bono clients Appleseed and Appleseed México won first place honors in the “major investigations” category for the 2011 report, “Children at the Border: The Screening, Protection and Repatriation of Unaccompanied Mexican Minors” at the UNICEF Mexico National Awards.

Arbitrability of Shareholders´ Disputes under German Law

Mon, 27 Aug 2012 04:00:00 GMT

Arbitration and Disclosure Obligations of Listed Companies

Tue, 12 Jun 2012 03:30:01 GMT

Hong Kong listed companies engaged in major legal proceedings often have to consider the extent to which they are obliged to disclose to investors the details of the dispute in question. Where the proceedings are the subject of arbitration, there is an additional need to take into account the duty of confidentiality, one of the hallmarks of arbitration.

Área Bancária

Tue, 30 Oct 2012 14:21:36 GMT

BNDES cria mecanismos para estimular emissões de debêntures de infraestrutura

Arizona District Court Enforces Contractual Provision Shortening Statute of Limitations Period

Thu, 23 Aug 2012 20:56:46 GMT

On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar GoDaddy.com.

Asia Diversity and Discrimination Traffic Lights 2012

Tue, 04 Dec 2012 08:45:53 GMT

Successfully managing a diverse workforce throughout the employment life cycle in Asia's varied jurisdictions is key to commercial success but can, unless managed correctly, present risk, compliance and policy challenges.

Legal and human resources advisors are regularly required to function across multiple jurisdictions. Given this, Mayer Brown JSM has produced the "Asia Diversity and Discrimination Traffic Lights 2012" which provides an easy-read, colour-coded 'pin-up' guide to 17 jurisdictions in Asia to identify tricky issues concerning diversity in the workplace.

Asia Employment Law: Quarterly Review

Wed, 27 Mar 2013 02:30:36 GMT

Asia's legal and human resources advisors are often required to function across multiple jurisdictions. Staying on top of employment-related legal developments is important but can be challenging.

To help keep you up to date, Mayer Brown JSM has produced the Asia Employment Law: Quarterly Review, an e-publication covering 15 jurisdictions in Asia.

Asian Suppliers Alert: Conflict Minerals Disclosure Requirements

Tue, 27 Nov 2012 03:50:31 GMT

On 22 August 2012, the U.S. Securities Exchange Commission (the “SEC”) adopted a final rule (the “Rule”) pursuant to the directives of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) compelling certain companies with U.S. securities reporting obligations (“Reporting Companies”) to assess and disclose their use of “conflict minerals,” consisting of certain metals (including tin, titanium, tungsten and gold) originating from certain targeted sources supporting conflict in the Democratic Republic of Congo (DRC) or adjoining countries (together with the DRC, the “Covered Countries”). This article evaluates the impact of the Rule on these Asian manufacturers.

Attorney Client and Work Product Considerations in Internal Investigations

Tue, 20 Nov 2012 16:47:26 GMT

Attorney's Guide to the Seventh Circuit Court of Appeals (co-author)

Wed, 24 Oct 2012 19:57:42 GMT

Auto-enrolment finally starts...

Fri, 12 Oct 2012 10:55:21 GMT

On 1 October the staged implementation of auto-enrolment officially began with the UK's largest employers, those employing over 120,000 people, becoming subject to the new duty to enrol their workers into a pension scheme. 16 smaller employers accelerated their staging date to 1 October, including the Pensions Regulator.

Autumn Statement 2012 – pensions aspects

Fri, 07 Dec 2012 11:28:57 GMT

On Wednesday the Chancellor delivered his Autumn Statement which contained a number of pensions-related announcements. These included a reduction in both the annual allowance and the lifetime allowance and two consultations on aspects of defined benefit funding.

Aviation Industry in Asia

Tue, 16 Apr 2013 07:16:54 GMT

Mayer Brown JSM has been a leading provider of services to the aviation industry for over 60 years. We use this industry knowledge and our Asian platform to support airports, airlines, aircraft lessors and financial institutions across a wide range of legal disciplines throughout Asia.

Avoiding Antitrust Risks in Public Statements and Disclosures

Thu, 26 Jul 2012 16:14:12 GMT

Bank Asset Sales Strategies for Bank Portfolios and Businesses

Fri, 08 Jun 2012 19:05:02 GMT

Economic and regulatory changes have begun to spark renewed activity in debt and other distressed-asset sales by European financial institutions.

Bank Examination Privilege Set Aside by Southern District of New York

Thu, 25 Apr 2013 14:13:25 GMT

A recent decision in the Southern District of New York casts doubt on the protections afforded by the bank examination privilege in civil litigation.

Basic U.S. Tax Considerations in Buying or Selling a Non-U.S. Business

Thu, 02 May 2013 16:55:21 GMT

Beating Plowshares into Swords

Mon, 11 Mar 2013 18:52:23 GMT

In an opinion piece, Litigation & Dispute Resolution counsel Richard Katskee (Washington, DC) says that organizations that voluntarily seek public money to administer federal programs should once again be held to the same nondiscrimination standards as the government.

Beijing Raises Monthly Minimum Wage to CNY1,400

Mon, 07 Jan 2013 09:27:43 GMT

On 28 December 2012 the Beijing Municipal Human Resource and Social Security Bureau issued an order to increase the statutory minimum wage from 1 January 2013.

Benchmark Rate Reform: Orderly Transition or Potential Chaos?

Fri, 12 Apr 2013 18:56:56 GMT

In the wake of several widely reported LIBOR and other benchmark rate manipulation scandals, reflected in headline-grabbing stories of litigation and official inquiries and investigations,¹ followed in some cases by eye-popping related settlements,² policymakers have responded with varied attempts at benchmark rate reforms, which as of early April 2013 remain a work-in-process.

Benchmarking Clauses in Outsourcing Agreements: Keys to Success

Thu, 20 Dec 2012 17:18:28 GMT

Benchmarking clauses in outsourcing contracts are an established mechanism to gauge the competitiveness and quality of service delivery.

Best Practices in Commercial Real Estate Financing: Essential Issues in Negotiating A/B Note Intercreditor Agreements

Wed, 27 Feb 2013 21:54:14 GMT

BGH-Urteil zur Nichtigkeit der Wahl von Aufsichtsratsmitgliedern

Mon, 08 Apr 2013 16:43:55 GMT

Der Bundesgerichtshof hat durch Urteil vom 19.02.2013, veröffentlicht am 05.04.2013, entschieden, dass ein Aufsichtsratsmitglied, dessen Wahl wirksam angefochten und vom Gericht für nichtig erklärt wurde, wie ein Nichtmitglied zu behandeln ist. Sofern die Stimme des betroffenen Aufsichtsratsmitglieds für eine Beschlussfassung im Aufsichtsrat ursächlich war, ist deshalb der Aufsichtsratsbeschluss unwirksam oder kehrt sich das Beschlussergebnis sogar um. Wirksam bleiben aber Beschlussvorschläge des Aufsichtsrats für die Hauptversammlung und die Leitung der Hauptversammlung durch einen Aufsichtsratsvorsitzenden, dessen Wahl später für nichtig erklärt wird.

Big Deals – Chicago Merc CBOT

Wed, 29 Aug 2012 18:41:10 GMT

Binding Corporate Rules for processors launched

Wed, 09 Jan 2013 13:54:03 GMT

Data processors are now able to apply to use Binding Corporate Rules (BCRs) in order to move personal data outside of the European Economic Area while complying with European data protection legislation instead of having to implement and maintain sophisticated networks of data transfer contracts in the form of the standard contractual clauses approved by the European Commission.

Bonus Deferral: Pitfalls for the Unwary

Thu, 10 Jan 2013 00:00:00 GMT

The additional rate of tax is decreasing from 50% to 45% from 6 April 2013. As a result, some clients are considering whether to defer bonuses until on or after 6 April 2013, given the tax savings that may arise for their senior level employees. However, in an era where the line between acceptable tax planning and unacceptable tax avoidance becomes ever more blurred, there are a number of points to consider before deciding to do so, including issues from both an employment law and a tax perspective.

Wed, 27 Mar 2013 14:49:23 GMT

The Bulletin for Pensions Managers is a high-level summary of developments which may be of interest to pensions managers. This issue covers developments to the end of February 2013.

Business & Technology Sourcing Review - Issue 18

Tue, 18 Dec 2012 05:00:00 GMT

We are pleased to present Issue 18 of Mayer Brown’s Business & Technology Sourcing Review.

Business-Related Tax Provisions of 2004 Legislation

Thu, 02 May 2013 17:03:11 GMT

Buyer's Stamp Duty and Special Stamp Duty: Sale of flats through transfer of shares?

Thu, 01 Nov 2012 09:48:52 GMT

On 29 October 2012, we published a legal update on the introduction of the Buyer's Stamp Duty (BSD) and the adjusted rates and extension of the holding period in respect of the Special Stamp Duty (SSD).

Transfer of shares in land holding company

BSD is chargeable on all sales and purchases of residential flats except where a buyer is a Hong Kong Permanent Resident (HKPR).

The question arises as to whether BSD may be avoided if an owner (being a company) transfers its residential flat to its subsidiary, and then transfers the shares of the subsidiary to a non-HKPR buyer.

Buyer's Stamp Duty: Another Step Closer as Government Gazettes Stamp Duty (Amendment) Bill 2012

Fri, 28 Dec 2012 11:54:28 GMT

On 28 December 2012, the Government gazetted the Stamp Duty (Amendment) Bill 2012 to (a) adjust the duty rates and extend the holding period in relation to Special Stamp Duty (SSD) and (b) introduce Buyer’s Stamp Duty (BSD) on residential properties acquired by any person or company except a Hong Kong Permanent Resident (HKPR).

Buying a Vineyard in France? Some Considerations...

Wed, 13 Mar 2013 09:23:01 GMT

In the last few years there has been a marked increase in the number of wine-loving overseas investors seeking to purchase vineyards in France. This article serves as a primer on five issues that a would-be buyer should consider at the outset of such an acquisition.

BYOD: The view from the UK

Fri, 17 May 2013 13:04:03 GMT

Bring your own device ("BYOD") is the new phenomenon taking over the workplace.

CADE and Ministries issue rules under the new Brazilian antitrust law

Mon, 04 Jun 2012 19:13:58 GMT

Law No. 12,529/2011 (“New Brazilian Antitrust Law”) came into force on May 29, 2012. In order to introduce procedures and regulations for the new Brazilian antitrust system, the Administrative Council for Economic Defense (“CADE”) has issued four new resolutions. The resolutions contemplate the following: (i) CADE’s Internal Rules; (ii) applicable transaction filing rules; (iii) applicable categories of relevant segments of businesses for the purpose of calculating antitrust fines; and (iv) guidelines for technical opinions that may submitted to CADE.

CADE sets forth new policy in connection with the Cease and Desist Agreement in cartel cases

Fri, 15 Mar 2013 20:09:51 GMT

On March 11, 2013, the Administrative Council of Economic Defense (“CADE”) published in the Brazilian Official Gazette the Resolution no. 5/2013 (“Resolution”), which changes the rules regarding the Cease and Desist Agreement (“TCC”).

California Appellate Court Issues Major Decision on Enforceability of Arbitration Agreements in Employment Context

Wed, 06 Jun 2012 21:45:23 GMT

The California Court of Appeals has issued a decision in a putative class action that roundly rejects virtually every argument used by the California plaintiffs bar to circumvent the US Supreme Court’s decision in AT&T Mobility LLC v. Concepcion.

California Attorney General Provides Privacy Recommendations for Mobile Industry

Wed, 23 Jan 2013 05:00:00 GMT

Last week, California Attorney General (AG) Kamala D. Harris released new privacy recommendations for the mobile industry in an official report titled “Privacy On the Go: Recommendations for the Mobile Ecosystem” The report—part of an ongoing state initiative to strengthen consumer-privacy protections—sets forth the AG’s preferred best practices for clear, comprehensive and conspicuous privacy policies in the app marketplace.

California Court of Appeal Rejects NLRB’s View that Federal Labor Law Prevents Use of Class Waivers in Employment Arbitration Provisions

Tue, 24 Jul 2012 16:56:25 GMT

Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.

California Court of Appeal Upholds Time Entry Rounding in Wage and Hour Class Action

Tue, 21 May 2013 19:39:27 GMT

California Energy Usage Disclosure Mandate

Wed, 15 Aug 2012 18:49:39 GMT

Commercial real estate owners and operators of California property, including potential sellers, should be aware that the State of California will require certain energy usage related disclosures beginning on January 1, 2013. Owners and operators should make plans now to be in compliance for early 2013 transactions.

California Federal District Court Dismisses TCPA Class Action Challenging “Confirmatory Text Messages”

Thu, 28 Jun 2012 13:52:20 GMT

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, prohibits placing calls using an “automatic telephone dialing system” to wireless phone numbers—absent the recipient’s prior consent or an emergency situation—and provides for statutory damages of up to $1,500 per violation.

California Insurance Law and Practice

Fri, 10 Aug 2012 16:33:58 GMT

California’s New Hands-Free Law – Employer’s Potential for Leal by John P. Zaimes

Wed, 22 May 2013 18:38:29 GMT

Can Plaintiffs Evade The FDCPA’s Cap on Total Statutory Damages in a Class Action by Filing Multiple, Gerrymandered Class Actions?

Thu, 04 Apr 2013 15:43:59 GMT

Can the Building Authority Add New Grounds for Rejecting Building Plans?

Mon, 07 Jan 2013 09:22:19 GMT

On 19 November 2012, Mr. Justice of Appeal Johnson Lam handed down his judgment in the case Building Authority v. Appeal Tribunal (Buildings) HCAL60/2011, where he allowed the Building Authority’s (BA) judicial review application to quash a decision of the Appeal Tribunal, which allowed a building appeal lodged by the developer in relation to the building plans for redevelopment of Wang Fung Terrace.

Can the Building Authority blow hot and cold in assessing building plans? The Court of First Instance says "NO".

Mon, 26 Nov 2012 10:04:28 GMT

On 22 November 2012, Mr. Justice of Appeal Johnson Lam handed down his judgment in the case Building Authority and Appeal Tribunal (Buildings) and Long Winner Development Limited (HCAL 45/2012), where he dismissed the Building Authority's (BA) application for judicial review of the decision of the Appeal Tribunal (Buildings) to reverse the BA's decision to reject the Superstructure Plans submitted by the developer, Long Winner Development Limited (Long Winner).

Cap on Bonus Payments of Bankers

Tue, 12 Mar 2013 15:53:33 GMT

Latest Developments on EU Level

Capital Markets Newsletter

Thu, 27 Sep 2012 15:08:00 GMT

Foreign investors investing in Brazilian mortgage-backed securities (“Certificados de Recebíveis Imobiliários – CRI”) are now exempted from income tax

Capital Markets Quarterly Update (April to June 2012)

Wed, 11 Jul 2012 03:36:54 GMT

This quarterly update (April to June 2012) highlights recent developments in Hong Kong capital markets practices.

Capital Markets Quarterly Update (January to March 2013)

Wed, 22 May 2013 09:38:51 GMT

This quarterly update (January to March 2013) highlights recent developments in Hong Kong capital markets practices.

Capital Markets Quarterly Update (July to September 2012)

Wed, 24 Oct 2012 07:27:28 GMT

This quarterly update (July to September 2012) highlights recent developments in Hong Kong capital markets practices.

Capital Markets Quarterly Update (October to December 2012)

Thu, 31 Jan 2013 01:04:50 GMT

This quarterly update (October to December 2012) highlights recent developments in Hong Kong capital markets practices.

Capping VND Short-term Lending Rate Chargeable by Credit Institutions to Borrowers in Four Sectors

Fri, 25 May 2012 08:18:13 GMT

On 4 May 2012, the State Bank of Vietnam (SBV) issued Circular No. 14/TT-NHNN (Circular 14) regulating the maximum VND short-term lending interest rate offered by credit institutions and foreign bank branches (collectively "credit institutions") to borrowers in four economic sectors.

CERCLA Arranger Liability and the Intent to Dispose of Hazardous Waste

Thu, 19 Jul 2012 17:01:33 GMT

Certiorari Practice: The Supreme Court’s Shrinking Docket

Thu, 21 Jun 2012 20:01:39 GMT

CFA Confirms SFC's Broad Powers on behalf of Victims of Market Misconduct

Tue, 21 May 2013 10:28:15 GMT

The Court of Final Appeal (CFA) has confirmed the Securities and Futures Commission (SFC) can obtain wide-ranging relief under section 213 of the Securities & Futures Ordinance (Cap 571) (SFO), including freezing injunctions, before and independent of any Market Misconduct Tribunal or criminal proceedings.

CFA Rules on HOS Flat Ownership Dispute

Thu, 06 Dec 2012 08:37:38 GMT

The Court of Final Appeal (CFA) delivered its judgment in the case of Cheuk Shu Yin v. Yip So Wan and Lo King Fai (Cheuk v. Yip case) and the case of Ling Wing Fai Billy, Lam Wa and another v. Ling Shui Fai, Chu Yuen Lun Garmen and others (Ling v. Ling case) on 13 November 2012. The decision has important consequences for the rights of family members who pool their resources together in the purchase of, or repayment of mortgage loans for, Home Ownership Scheme (HOS) flats. The CFA decided that people who contribute to the payment of the purchase price or repayment of the mortgage loan have a beneficial interest in the HOS flats despite the fact that they are not named as the registered owners.

CFPB Developments: Coordinating the Supervision of Depository and Non-Depository Institutions

Tue, 09 Apr 2013 20:43:00 GMT

CFTC Clarifies Commodity Pool Treatment for Certain Securitizations and Provides Time-Limited No-Action Relief for Others

Fri, 19 Oct 2012 17:35:22 GMT

On October 11, 2012, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued interpretation letter No. 12-14, “Request for Exclusion from Commodity Pool Regulation for Securitization Vehicles” (the CFTC Securitization Interpretation Letter), to the American Securitization Forum (ASF) and the Securities Industry and Financial Markets Association (SIFMA).

CFTC Further Clarifies Commodity Pool Treatment for Certain Securitizations and Provides Additional No-Action Relief for Others

Mon, 10 Dec 2012 20:43:25 GMT

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission (CFTC) issued interpretation and no-action letter No. 12-45, which does three things: it provides interpretive clarification that some securitization entities are not “commodity pools”; it provides conditional no-action relief for certain legacy securitization entities; and it provides time-limited no-action relief until March 31, 2013 for non-exempt securitization entities to allow for more time for further dialogue with CFTC Staff.

CFTC Grants Time-Limited No-Action Relief for Fund of Funds Operators Otherwise Deemed Commodity Pool Operators

Tue, 04 Dec 2012 20:28:57 GMT

By letter dated November 29, 2012,¹ the Commodity Futures Trading Commission (CFTC) granted time-limited no-action relief for fund of funds operators that would be deemed commodity pool operators and required to register as a result of their indirect exposure to commodity interests² until such time as the Division of Swap Dealer and Intermediary Oversight (the Division) issues revised guidance on the application of the de minimis thresholds to fund of funds operators in the context of Regulations 4.5 and 4.13(a)(3).

CFTC Issues a Final, Time-Limited Exemptive Order and Proposes Further Guidance Regarding Cross-Border Regulation of Swaps

Mon, 31 Dec 2012 22:50:48 GMT

The US Commodity Futures Trading Commission has issued a release containing a final exemptive order and proposing for public comment additional guidance regarding the cross-border regulation of swaps.

CFTC Issues Two Final Rules Affecting Electric Market Participants

Thu, 04 Apr 2013 19:27:57 GMT

On March 28, 2013, the United States Commodity Futures Trading Commission (CFTC) issued two final orders. The first, the RTO/ISO Order, exempts four types of specified transactions in certain organized markets of five petitioning regional transmission organizations (RTOs), independent system operators (ISOs) and the Electric Reliability Council of Texas (ERCOT).

CFTC Mandatory Clearing Rules – June 10 Phase-in Date for Financial Entities

Thu, 16 May 2013 19:05:13 GMT

The next milestone date in the Commodity Futures Trading Commission’s (“CFTC’s”) phase-in of mandatory clearing occurs on June 10, 2013, when so-called “Category 2 entities” must begin clearing swaps subject to the mandate. Securitization vehicles, insurers, investment funds and non-swap dealer financial institutions will generally be Category 2 entities. The effect of the June 10 phase-in on the operations of securitization vehicles, in particular, is unclear.

CFTC Proposes Phased Compliance Program for Certain Swaps

Fri, 06 Jul 2012 21:30:46 GMT

On June 29, 2012, the US Commodity Futures Trading Commission (the “CFTC”) proposed interpretive guidance (the “Proposed Guidance”) regarding the cross-border application of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

CFTC Provides Derivatives Prime Brokerage Limited No-action Relief from External Business Conduct Rules

Wed, 01 May 2013 19:23:27 GMT

Today, compliance is required for the first time with previously deferred provisions of the swap dealer external business conduct rules of the Commodity Futures Trading Commission (the “Commission”).

CFTC’s January 1 Business Conduct and Documentation Deadline Eased

Wed, 19 Dec 2012 00:57:30 GMT

The Commodity Futures Trading Commission (the “Commission”) today adopted interim final rules that defer the dates by which swap dealers (“SDs”) and major swap participants (“MSPs”) are required to comply with many provisions of the Commission’s external business conduct rules and with certain internal business conduct rules that require agreements or the exchange of information with counterparties.

Challenging Arbitration Awards: The Pacific China Case

Fri, 05 Oct 2012 07:22:08 GMT

The circumstances in which an arbitration award may be challenged in court have recently been the subject of an important decision by the Hong Kong Court of Appeal.

The decision confirms Hong Kong as an "arbitration-friendly" jurisdiction, with a strong policy of judicial support for the enforcement of arbitration awards.

Changes to European Prospectus Regime: Will it Be Easier for US Companies to Operate Employee Stock Plans in Europe?

Mon, 08 Oct 2012 15:16:36 GMT

US-listed multinationals have struggled in recent years with whether a prospectus is required for the operation of their employee stock plans in Europe, particularly employee stock purchase plans.

Changes to European Prospectus Rules Offer Relief to Asia-based Issuers

Wed, 31 Oct 2012 07:47:32 GMT

Recent amendments to the European prospectus rules may make the operation of certain employee stock plans in Europe, by multinationals listed outside Europe, cheaper and more straightforward. However, it appears that any major relaxation of the rules for such companies might not actually come into force (if indeed it does) for some time yet.

Changes to Hong Kong's false market avoidance regime impact issuers and guarantors of listed debt securities

Thu, 20 Dec 2012 08:55:29 GMT

On 30 November 2012, the Hong Kong Stock Exchange published its Consultation Conclusions on Rule Changes Consequential on the Enactment of the Securities and Futures (Amendment) Ordinance 2012. This legal update focuses on the impact of new Listing Rule 37.47, effective 1 January 2013, on companies with listed debt securities on the Hong Kong Stock Exchange.

Changes to the UK competition regime – how will they affect my deal?

Wed, 15 May 2013 04:00:00 GMT

The Enterprise and Regulatory Reform Act 2013 (the Act), enacted on 25 April 2013, will make changes to the process of assessing mergers, acquisitions and corporate joint ventures (“mergers”) when it comes into force in April 2014. It will not alter the turnover and share of supply thresholds that establish whether a deal qualifies for review; nor will it affect the test used to decide whether to block or clear a deal – this will continue to depend on whether the deal concerned will result in a substantial lessening of competition in any market.

China Allows Trademark Registration in Respect of Certain Retail and Wholesale Services

Fri, 04 Jan 2013 10:06:49 GMT

With effect from 1 January 2013, China allows registration of trademarks in respect of retail and wholesale services for pharmaceutical, veterinary and sanitary products. It is the first time that China has opened up specific types of retail and wholesale services for trademark registration since the promulgation of the PRC Trademark Law in 1983.

China gives more rights to permanent residents

Mon, 17 Dec 2012 08:57:44 GMT

Twenty-five central governmental departments have recently jointly issued the Administrative Measures for Entitlements of Foreigners with Permanent Residency in China, specifying that foreigners who hold a China permanent residence permit (i.e., Chinese "Green Card") are entitled to the same rights and obligations as Chinese citizens. These rights do not include the political rights and other special rights and obligations excluded by laws and regulations.

China Imposes New Minimum Plot Ratio for Residential Projects

Fri, 29 Jun 2012 09:26:03 GMT

On 23 May 2012, the PRC Ministry of Land and Resources ("MLR") and the PRC National Development and Reform Commission ("NDRC") jointly issued the 2012 version ("2012 Version") of the Catalogue of Restricted Land Use Projects and the Catalogue of Prohibited Land Use Projects (collectively "Restricted and Prohibited Land Use Catalogues"). The 2012 Version came into effect on 23 May 2012 and the previous version has now been superseded.

China Issues New Judicial Interpretation on Non-compete Covenants and Various Employment Issues

Tue, 05 Feb 2013 09:10:40 GMT

On 31 January 2013, the PRC Supreme People's Court issued the Judicial Interpretation IV of the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Labour Dispute Cases ("Interpretation IV"), effective as of 1 February 2013.

China Merger Control — Progress and Prognostications

Thu, 31 May 2012 15:51:49 GMT

This article summarizes major developments relating to China's anti-Monopoly regime during 2011 and speculates on what new priorities, regulations and enforcement trends may be expected from the regime in 2012. Key topics addressed include the Anti-Monopoly Law merger review system and application of the law's so-called “conduct rules”' and private action regime.

China Updates its Rules on the Disposal of Idle Land

Wed, 13 Jun 2012 07:44:04 GMT

The PRC Ministry of Land and Resources (the "MLR") has recently released the revised Rules on the Disposal of Idle Land which will come into force on 1 July 2012 (the "2012 Amendments") and will replace the rules that the MLR issued on 28 April 1999 (the "1999 Version").

China: Antimonopoly Law

Wed, 27 Feb 2013 02:36:10 GMT

It has been another busy year for antitrust in China. Beginning with the entry into force on 1 February of the Interim Measures on the Investigation and Sanction of Non-notified Concentrations of Business Operators, there have been a number of legislative developments, procedural refinements (including a new merger control notification form), a set of Provisions on Issues Concerning the Application of Law in Civil Dispute Cases Arising out of Monopolistic Conduct issued by the Supreme People’s Court and a steady flow of merger decisions.

China's NDRC Dashes Hopes, Raises Questions for Private Equity

Fri, 17 Aug 2012 08:29:47 GMT

Christian Louboutin v. Yves Saint Laurent: Fashion and Functionality under Trademark Law

Thu, 07 Jun 2012 19:22:31 GMT

CIRC Relaxes Restrictions on Permitted Investments by Insurance Companies

Mon, 20 Aug 2012 08:32:06 GMT

The China Insurance Regulatory Commission (CIRC) issued the Circular on Issues relating to Investment of Insurance Funds in Equity and Real Estate (the 2012 Circular) on 16 July 2012 and has issued two other rules, all of which facilitate a more diversified range of investment options for insurance companies.

Circular Guiding Issuance of Permits to and Management of Foreign Contractors

Fri, 22 Jun 2012 08:18:33 GMT

On 8 May 2012 the Ministry of Construction ("MOC") issued Circular 01/2012/TT-BXD ("Circular 01") providing guidelines on issuing foreign contractor permits and managing foreign contractors in the construction sector in Vietnam.

CJEU Judgment on Jurisdiction for Football Dataco v Sportradar

Thu, 25 Oct 2012 09:41:06 GMT

Last week the Court of Justice of the European Union (CJEU) ruled that where a website operator targets and then provides material infringing sui generis database rights to recipients based in an EU Member State over the internet, the act of infringement occurs at least in the EU Member State where those recipients are located.

Classification of Telecommunication Services under Circular No. 05/2012/TT-BTTTT dated 18 May 2012

Mon, 09 Jul 2012 10:10:39 GMT

On 18 May 2012, the Ministry of Information and Communication ("MIC") promulgated Circular No. 05/2012/TT-BTTTT ("Circular 05"), which will come into effect on 15 July 2012. Circular 05 classifies telecommunication services in Vietnam. Circular 05 will apply to telecom service providers and users, and to organisations and individuals involved in management, provision and use of telecom services in Vietnam.

Clearing the Air: Analyzing the Constitutionality of the Iowa Smokefree Air Act’s Gaming-Floor Exemption

Thu, 06 Dec 2012 22:18:59 GMT

Closer to Fine: IRS Expands the Safe-Harbor for Swap Assignments to Accommodate Dodd-Frank Implementation

Mon, 04 Feb 2013 21:23:42 GMT

Cloud Computing – Article 29 Working Party Guidance on EU Privacy and Security Concerns

Tue, 10 Jul 2012 15:27:39 GMT

The Article 29 Working Party established under the EU data privacy legislation published an opinion on 1 July 2012 addressing the data privacy compliance concerns associated with the use of cloud computing solutions. The working party identifies the concerns as falling into two categories:

Cloud Computing—Article 29 Working Party Guidance on EU Privacy and Security Concerns

Thu, 20 Dec 2012 17:18:32 GMT

Code of Good Practice on Incentive Exercises

Mon, 11 Jun 2012 11:00:34 GMT

A voluntary "Code of Good Practice" on Incentive Exercises (the "Code") has been published by a Working Group drawn from organisations across the pensions industry. While not officially published by the Government, it does explicitly have the approval of Pensions Minister Steve Webb MP. The Code is designed to ensure that incentive exercises such as enhanced transfer value exercises and pension increase exchanges are undertaken in line with good practice principles. The Code is accompanied by a set of Practitioners' Notes.

Code Section 965 and Partnerships

Thu, 02 May 2013 17:00:19 GMT

Co-Editor, Global Corporate Insurance & Regulatory Bulletin

Wed, 19 Dec 2012 20:28:09 GMT

Comment, Summary Dismissals

Wed, 30 Jan 2013 22:49:14 GMT

C'omo Hacer Negocios Con Tejas

Thu, 02 May 2013 17:07:07 GMT

Competition Law in Merger Transactions: Managing and Allocating Risk in the New Normal

Wed, 24 Apr 2013 04:00:00 GMT

Antitrust risk analysis has grown increasingly important to mergers and acquisitions. Aggressive enforcement in the US, expanded enforcement globally and jaw-dropping contractual penalties for competition clearance failure have elevated the importance of competition assessment, even in transactions where the risk seems low.

Compliance Goals According to IDW PS 980: Where does the company and its Compliance Management System (CMS) lead to?

Wed, 09 Jan 2013 05:00:00 GMT

Compliance Program According to IDW PS 980: How are defined compliance requirements being implemented in a company?

Wed, 06 Feb 2013 05:00:00 GMT

Compliance Program According to IDW PS 980: Who is implementing defined compliance requirements in a company?

Mon, 08 Apr 2013 04:00:00 GMT

Complying with the Personal Data (Privacy) Ordinance (Cap. 486) in the insurance industry

Wed, 19 Dec 2012 09:40:24 GMT

Last month, the Privacy Commissioner for Personal Data (PCPD) issued a Guidance Note on the Proper Handling of Customers' Personal Data for the Insurance Industry ("Guidance Note"). The Guidance Note is intended to assist insurers and insurance intermediaries in complying with the requirements under the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) by providing practical guidelines and tips.

Concerted practices in the telecoms sector, Concurrences 1 - 2013

Wed, 23 Jan 2013 16:54:33 GMT

Concurrent Delays, Global Claims and Particulars of Claim

Mon, 30 Jul 2012 06:37:15 GMT

An important judgement was recently delivered by Akenhead J in the Technology and Construction Court in London in the case of Walter Lilly and Company Limited v Giles Patrick Cyril Mackay (and Another).

Considering Challenging the Restrictions Imposed on Your Site by the Town Planning Board? Do Check Your Government Lease First!

Tue, 11 Sep 2012 03:32:45 GMT

On 5 Sept 2012, Mr. Justice Reyes of the Court of First Instance handed down his judgment in the case Lindenford Limited v Town Planning Board (HCAL 51/2011), where he dismissed a developer's application for judicial review of the decision of the Town Planning Board ("TPB") to impose building heights and building gap restrictions on a site in a draft Outline Zoning Plan ("OZP").

Constant Vigilance – Two Recent Tax Decisions

Fri, 19 Apr 2013 08:30:03 GMT

The courts have recently handed down two separate tax decisions, both highlighting the need for vigilance from the taxpayer when managing its tax affairs.

Construction & Engineering in Asia

Tue, 16 Apr 2013 07:53:27 GMT

We deal with both contentious and non-contentious construction issues and provide advice on the full spectrum of issues which can arise during the planning, design and construction of a project.

Construction & Engineering London Legal Update: Issue 63

Wed, 30 May 2012 12:27:21 GMT

In this issue; International arbitration;Middle East; Afghanistan; Vietnam; Oral "construction contracts"; Extras; Keeping the project up to speed - or not?; What's been happening @ Mayer Brown?; Procurement; The clock only goes one way; Case notes.

Construction & Engineering London Legal Update: Issue 64

Tue, 26 Feb 2013 14:27:48 GMT

In this issue; 2012 – a year of sport, Mauritius and arbitration; Focus on Africa; Extras; Indian Supreme Court puts out the welcome mat; What’s been happening @ Mayer Brown? Kazakhstan – the regulations, the permits and the laws; Case notes.

Consultation on Trading Halts for Price Sensitive Information Announcements

Thu, 23 Aug 2012 04:12:41 GMT

Hong Kong Exchanges and Clearing Limited (HKEx) published its "Consultation Paper on Trading Halts" (Consultation Paper) on 27 July 2012 to seek views from the public for implementing a trading halt regime that would allow publication of price sensitive information (PSI) announcements during trading hours subject to a short trading halt in the shares of the listed company.

Continued Listing on SEHK Requires Sufficient Level of Operations or Assets Value

Thu, 23 Aug 2012 01:36:57 GMT

Hong Kong Exchanges and Clearing Limited (HKEx) published a listing decision "HKEx-LD35-2012" on 31 July 2012 in which it determined that the subject listed company (Listco) would not have sufficient operations or assets of sufficient value after completion of a series of proposed transactions to warrant its continued listing on The Stock Exchange of Hong Kong Limited (SEHK).

Continuing Series on U.S. Equal Employment Litigation

Mon, 02 Jul 2012 20:59:04 GMT

Cooperation Agreement between CADE and ANP

Mon, 22 Apr 2013 16:08:11 GMT

The Administrative Council for Economic Defense (CADE) and the National Agency of Petroleum, Natural Gas and Biofuels (ANP) have recently executed a cooperation agreement¹ (“Cooperation Agreement”), with the purpose of coordinating the activities of both agencies.

Cornerstone Investors - A Guaranteed Allocation of Shares is All You Can Get

Thu, 07 Mar 2013 04:34:24 GMT

It is not uncommon for Hong Kong IPOs, especially in difficult market conditions, to invite cornerstone investors such as well-known institutions, sovereign wealth funds and celebrities to subscribe for shares under the placing tranche so as to enhance popularity and investors' confidence. The major benefit available to cornerstone investors is preferential placings - a guarantee that such investors will receive an allocation of shares regardless of the final offer price.

Corporate Finance

Tue, 16 Apr 2013 08:19:57 GMT

Our expansive capabilities throughout Asia, the Americas and Europe allow us to handle complex cross-border deals. We provide a one-stop shop for both established and emerging market issuers accessing global capital markets.

Corporate Legal Alert

Tue, 29 May 2012 23:00:00 GMT

The ICAEW has recently issued a helpsheet on the reduction of share capital under the Companies Act 2006 ("CA06"). This forms the background to this alert in which we set out some useful guidance for directors when considering a reduction of share capital under the solvency statement procedure introduced by the CA06.

Corporations Face a Hobson's Choice on Privilege Waivers

Tue, 20 Nov 2012 19:50:59 GMT

Court of Appeal's Recent Tax Decisions

Wed, 27 Jun 2012 07:03:20 GMT

The Court of Appeal recently handed down three tax decisions with respect to: taxation of unrealised profits; attributing knowledge of a director to the taxpayer company; and the continuance of tax appeals by way of case stated.

Court of Final Appeal Rules on Calculation of Annual Leave Pay

Thu, 01 Nov 2012 08:20:23 GMT

The Court of Final Appeal (CFA) has delivered its judgment in the important case of Kwan Siu Wa, Becky & Ors v. Cathay Pacific Airways Limited (26 September 2012). The decision potentially impacts numerous employers in Hong Kong. The CFA decided that where an employer provides more annual leave days than required under the Employment Ordinance and does not distinguish between statutory annual leave and any contractual excess leave, then the employer runs the risk of having to pay annual leave pay in accordance with the statutory rate of annual leave pay for all annual leave granted, including the contractual excess.

The CFA also clarified the formula for calculating statutory holiday pay and annual leave pay under the statutory regime that existed prior to the commencement of the Employment (Amendment) Ordinance in July 2007.

Court Rejects PBGC Position That an Investment Fund Is Part of a Controlled Group for Purposes of Pension Liabilities of a Portfolio Company

Fri, 08 Feb 2013 18:10:20 GMT

In late 2012, the US District Court for the District of Massachusetts, in Sun Capital Partners v. New England Teamsters & Trucking Industry Pension ruled that a private equity fund was a not a “trade or business” for purposes of controlled group liability for the unfunded pension liabilities of a portfolio company.

Court Rules on Yung Kee Restaurant Case

Wed, 14 Nov 2012 03:36:06 GMT

The Court of First Instance delivered its judgment in the high-profile case of Kam Kwan Sing v Kam Kwan Lai & Ors. (HCCW 154/2010) on 31 October 2012, in which the Petitioner applied to wind up Yung Kee Holdings Limited, the company indirectly holding the well known Yung Kee restaurant in Central, Hong Kong. The Court decided that it has no jurisdiction to entertain the Petition as the Company has not established a place of business in Hong Kong.

Credit Life Insurance

Wed, 19 Dec 2012 20:30:34 GMT

Criminal Liability for Auditors - Who's Next?

Fri, 10 Aug 2012 01:29:41 GMT

The Companies Bill recently passed in the Legislative Council renders auditors criminally liable if they knowingly or recklessly omit certain information from their reports. On the face of it, the scope and application appear unprecedented. All certified accountants connected to the preparation of an auditor's report could conceivably be exposed to criminal sanction - without even intending to omit anything.

Cross-Border Insolvency II : A Guide to recognition and Enforcement

Wed, 02 Jan 2013 02:58:44 GMT

This comprehensive, authoritative and multidisciplinary practitioner's manual is structured in a way that the principles of application and arrangement of bankruptcy proceedings in Thailand. It contains country reports for specific jurisdictions and describes local law requirements which need to be considered when implementing and enforcing bankruptcy procedure.

Cross-border issues and disputes: Jurisdiction, forum selection and parallel proceedings

Thu, 21 Feb 2013 12:08:01 GMT

ECJ ruling on the scope of Article 22.2 of the Brussels I Regulation.

Crossing the Streams of Price and Promotion Under the Robinson-Patman Act

Thu, 18 Oct 2012 16:58:03 GMT

CSRC Amends Securities Investment Fund Regulations

Fri, 29 Jun 2012 08:50:22 GMT

On 20 June 2012, China Securities Regulatory Commission (CSRC) amended the Measures for the Administration of Securities Investment Fund Operations (证券投资基金运作管理办法）(the Measures).

CSRC’s Fresh Efforts to Make Life Easier for a QFII

Mon, 13 Aug 2012 06:12:45 GMT

The China Securities Regulatory Commission (CSRC) issued the Rules on Issues Concerning Implementation of the Measures for Administration of Domestic Securities Investment by Qualified Foreign Institutional Investors (the Implementing Rules) on 27 July 2012.

Current developments in credit portfolio transactions of insurance companies

Thu, 08 Nov 2012 15:14:08 GMT

German insurance companies are playing a larger role as purchasers in the credit portfolio transactions market than they used to.

Current developments in the Bank Asset Sale market in Germany and Spain

Mon, 22 Oct 2012 16:33:36 GMT

Economic and regulatory changes have sparked renewed activity in debt and other non-strategic-asset sales by financial institutions, particularly in Europe. This Legal Update provides an overview on new legislation and proposals in several jurisdictions throughout Europe.

Current Issues in Internal Corporate Investigations

Mon, 22 Oct 2012 04:00:00 GMT

An internal investigation is an inquiry, undertaken to determine the relevant facts associated with allegations of corporate misconduct. Internal investigations have become a recognized practice for businesses, which are required, through a myriad of obligations, to respond to allegations of misconduct in an ever increasingly complex legal environment.

Data Protection Aspects in Contractual Trust Arrangements

Wed, 27 Jun 2012 08:35:24 GMT

DBRS Publishes Updated Methodology For Capital Call Subscription Credit Facilities

Thu, 12 Jul 2012 21:34:33 GMT

On July 10, 2012, DBRS released its updated ratings methodology for Capital Call Subscription Credit Facilities. The Updated Methodology replaces an earlier iteration, which DBRS had originally released in November 2009.

Deadline for Regularization of Ethanol Plants to end in November

Tue, 06 Nov 2012 05:00:00 GMT

The 28th of November represents the final date for Brazilian ethanol producers to conclude the first stage of compliance with the requirements of the recently published Resolution 26/2012 of the Brazilian National Petroleum, Natural Gas and Biofuels Agency (ANP).

Deadlines and Developments Employee Benefits Update

Thu, 08 Nov 2012 21:38:07 GMT

It can be difficult to stay up to date on new developments and required actions in the qualified plan and welfare plan areas.

Deadlines and Developments Executive Compensation Update

Thu, 08 Nov 2012 21:37:49 GMT

It can be difficult to stay up to date on new developments and required actions in the area of executive compensation.

Dealer's Choice: AM 2010-005 Pierces Option Contract to Find Ownership of Referenced Managed Account by Optionee

Mon, 04 Feb 2013 21:42:35 GMT

Decree establishes new rules for e-commerce in Brazil

Thu, 28 Mar 2013 04:00:00 GMT

President Dilma Rousseff published, on March 15, Decree 7,962/2013, which establishes specific rules applicable to electronic commerce in Brazil.

Decree No. 58,388/2012 of the State of São Paulo: Incentive Program for the Oil and Natural Gas Production and Exploration Industry in the State of São Paulo

Thu, 20 Sep 2012 15:01:56 GMT

The State of São Paulo has passed Decree No. 58,388/2012. The Decree was published in the State Official Gazette on September 15, 2012, and revokes State Decree No. 53,574/2008 effective as of October 1, 2012.

Decree No. 7853/12: reduction in the minimum term for foreign loan agreements

Thu, 06 Dec 2012 20:38:07 GMT

Decree No. 7853, published on December 5, 2012, reduced from 720 days to 365 days the average term for foreign loans benefited by the zero percent rate of the Financial Transactions Tax (IOF). Accordingly, exchange transactions relating to international loans whose maturity term is less than 365 days are subject to IOF, at a tax rate of 6%, while loans whose maturity term is higher than 365 days will be subject to IOF at a 0% tax rate.

Decree on Auctioning Mining Rights

Wed, 30 May 2012 09:57:39 GMT

On 26 March 2012 the Vietnamese Government issued Decree No. 22/2012/ND-CP ("Decree 22"). Decree 22 provides detailed regulations on Article 79.2 of the Mineral Law with respect to the principles, conditions and procedures for auctioning mineral mining rights. Other provisions relating to the auction process not covered under Decree 22 will comply with legislation on general auctions of assets.

Decree on Tendering and the Selection of Construction Contractors Amended

Fri, 28 Sep 2012 11:38:03 GMT

On 12 September 2012 the Vietnamese Government issued Decree No. 68/2012/ND-CP (Decree 68) to amend and supplement administrative procedures in Decree No. 85/2009/ND-CP (Decree 85) of 15 October 2009. Decree 85 provides guidelines for the implementation of the Law on Tendering and for selection of construction contractors in accordance with the Law on Construction.

Deepwater Oil Production in Vietnam

Tue, 19 Jun 2012 18:37:14 GMT

Vietnam’s declining oil production and growing energy needs will require the nation to intensify exploration and development of its deepwater resources. Continued reform of regulations governing oil exploration is necessary to attract foreign investors, who bring with them the technology and expertise necessary to undertake complex deepwater drilling projects.

Definition of 'Continuous Contract': Should the 4-18 Requirement be Relaxed?

Mon, 25 Mar 2013 09:16:19 GMT

On 19 March 2013, the Legislative Council Panel on Manpower reviewed and discussed a briefing paper submitted by the Labour and Welfare Bureau of the Labour Department in November 2011.

Delaware Supreme Court Holds that Texas Law Does Not Recognize Preconception Torts

Tue, 15 Jan 2013 05:00:00 GMT

The Supreme Court of Delaware recently held that Texas law did not recognize preconception torts and that the Texas Workers Compensation Act barred a claim for a preconception tort brought by a child whose injuries were allegedly caused by his father’s workplace exposure to toxic chemicals.

Delaware Supreme Court Ruling Suggests Potential Buyers in M&A Deals Likely Have Limited Recourse Against Sellers Prior to Signing Agreement

Wed, 20 Jun 2012 19:52:39 GMT

With its recent decision in RAA Management, LLC v. Savage Sports Holding, Inc., the Delaware Supreme Court has reminded potential buyers in M&A transactions that they likely will have very limited, if any, remedies or recourse against the seller in connection with the potential transaction until an agreement is signed.

Details of Myanmar’s New Foreign Investment Law

Wed, 08 May 2013 22:01:23 GMT

We have now had sight of an unofficial translation of the long-awaited new Foreign Investment Law, signed into law by President Thein Sein on 2 November 2012.

Details of Myanmar's New Foreign Investment Law

Mon, 19 Nov 2012 07:18:26 GMT

Further to our Legal Update dated 9 November 2012 ("Myanmar's Foreign Investment Law: Summary of Amendments"), we have now had sight of an unofficial translation of the long-awaited new Foreign Investment Law, signed into law by President Thein Sein on 2 November 2012.

Die Umsetzung der AIFM-Richtlinie: Mögliche Auswirkungen auf die Fondsbranche in Deutschland

Mon, 06 Aug 2012 18:00:00 GMT

Der Diskussionsentwurf, den das Bundesministerium der Finanzen jüngst für ein Gesetz zur Umsetzung der AIFM-Richtlinie vorgelegt hat, geht über die EU-Vorgaben weit hinaus. Die vorgesehene Regulierung bringt erhebliche Konsequenzen für die Fondsbranche mit sich, besonders deutlich steigen die Anforderungen an geschlossene Fonds.

Difficulty in Every Opportunity: TAM 201142020 Provides Insights on Deemed Exchanges and Hedging

Mon, 04 Feb 2013 21:20:45 GMT

Disclosure requirement on profit margins and commissions in the sales of securities

Thu, 29 Nov 2012 23:00:00 GMT

The disclosure requirement on banks’ remuneration in the sales of securities is the subject of numerous, sometimes contradictory decisions of German courts.

Disclosures in 140 Characters or Less: New FTC Guidance on Online Advertising Disclosures Target Social Media and Internet Advertisers

Tue, 19 Mar 2013 04:00:00 GMT

The US Federal Trade Commission recently updated its guidance on online disclosures—Dot Com Disclosures: How to Make Effective Disclosures in Digital Advertising (the 2013 Dot Com Disclosures).

Distressed Cities See No Clear Path (with Gary M. Kaplan)

Tue, 12 Mar 2013 20:30:32 GMT

Distressed Enterprises in Germany - HR Restructuring Opportunities

Tue, 04 Sep 2012 04:00:00 GMT

District of Columbia

Fri, 19 Oct 2012 20:39:05 GMT

District of Columbia Circuit Holds NLRB Recess Appointments Invalid, Undermining Numerous NLRB and Consumer Financial Protection Bureau Decisions

Tue, 29 Jan 2013 21:52:50 GMT

The recent (January 25) ruling by the US Court of Appeals for the District of Columbia Circuit invalidating President Obama’s recess appointments to the National Labor Relations Board calls into question the validity of every action taken by the NLRB since January 4, 2012.

Does Privilege Apply to Advice from Non-legal Professions?

Mon, 22 Apr 2013 10:01:59 GMT

In a recent English Judgment concerning R (Prudential plc and another) v. Special Commissioner of Income Tax and another [2013] UKSC 1, the Supreme Court, by a five to two majority, held that Legal Advice Privilege (LAP) only applies to advice provided by qualified lawyers.

Does the Takeover Code apply? A look at which companies will be subject to the Takeover Code from 30 September 2013

Thu, 23 May 2013 13:20:04 GMT

In the summer of 2012, the Code Committee of the Takeover Panel (Panel) issued a consultation examining which companies should be subject to the Takeover Code. The Panel has now published its response together with the detailed rule changes, which will take effect from 30 September 2013.

Don't Play Roulette With Creative Works: Balancing the Costs and Benefits of Copyright Registration and Enforcement

Tue, 19 Jun 2012 14:59:32 GMT

Draft Kai Tak Outline Zoning Plan Approved

Thu, 27 Sep 2012 07:55:16 GMT

The Chief Executive in Council has approved the Outline Zoning Plan (OZP), which provides a statutory land use planning framework to guide development and redevelopment within the Kai Tak area.

Draft Yim Tin Tsai and Ma Shi Chau DPA Plan Approved

Thu, 27 Sep 2012 07:57:29 GMT

The Chief Executive in Council has approved the Development Permission Area (DPA) Plan. The DPA Plan provides planning guidance to facilitate development control within the scheme area during the period required to conduct land use pattern analysis, infrastructural provisions study and development options examination.

ECN revises its Model Leniency Programme

Fri, 30 Nov 2012 14:37:56 GMT

The network of European antitrust and competition authorities (“ECN”) published its revised Model Leniency Programme (“Revised MLP”) recently.

Editor

Fri, 29 Jun 2012 18:43:08 GMT

Effective Actions against Product Piracy

Wed, 31 Oct 2012 04:00:00 GMT

Effective Reductions in Force Require Delicate Handling

Tue, 21 May 2013 21:17:14 GMT

Electronic Discovery & Records Management - Tip of the Month: Best Practices for Preparing a Clawback Agreement

Wed, 31 Oct 2012 04:00:00 GMT

Scenario
A large corporation is sued over the alleged breach of a substantial contract. Due to the complex nature of the contract, the corporation’s business executives frequently sought advice from in-house counsel when entering into, and performing under, the agreement.

Electronic Discovery & Records Management - Tip of the Month: Cloud Computing and Data Privacy

Fri, 28 Dec 2012 17:47:28 GMT

Scenario
A multinational company is negotiating an agreement with a cloud computing provider to maintain and hold all of the company’s electronically stored information and data. The general counsel of the multinational company is concerned about data privacy and data protection both in the United States and worldwide.

Electronic Discovery & Records Management - Tip of the Month: Effectively Managing a Large-Scale Document Review

Fri, 31 Aug 2012 14:22:33 GMT

A multinational company is in litigation with multiple parties regarding a patent dispute. Due to the breadth of the claims and the complexity of the issues involved, the parties expect to produce millions of documents in discovery. With merits depositions scheduled to take place in the upcoming months, the multinational company must engage in a comprehensive document review to produce documents, prepare its witnesses and refine its litigation strategy.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks & Costs of Electronic Data: "Defensible Deletion"

Thu, 31 Jan 2013 17:31:31 GMT

For years, a large company has been effectively retaining the vast majority of all electronic data generated by its systems and employees.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks & Costs of the Production of Private or Confidential Information: Redaction & Production Strategies

Tue, 30 Apr 2013 19:46:16 GMT

Scenario
A financial services organization is a party to a litigation in which plaintiffs are seeking information concerning business practices that impacts a number of the organization’s customers.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of E-Discovery in Class Actions

Fri, 28 Sep 2012 19:26:08 GMT

Scenario
A large manufacturing company is a defendant in a putative nationwide class action lawsuit. The putative class will most likely number in the thousands, or tens of thousands, of consumers, resulting in potentially significant damages and expensive electronic discovery costs for the company.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of E-Discovery in Multiple Related Investigations and Litigations

Fri, 30 Nov 2012 05:00:00 GMT

The Securities and Exchange Commission (SEC) and several state attorneys general are investigating aspects of a financial institution’s specific service offering.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of Responding to Third-Party Civil Subpoenas

Thu, 28 Feb 2013 05:00:00 GMT

A large customer of a manufacturing company is sued by a putative class of shareholders claiming various securities law violations related to an alleged failure to disclose the declining sales of one of their products, for which the manufacturing company provides parts.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of Text Messaging

Fri, 29 Mar 2013 18:20:06 GMT

Scenario
An organization is sued by a former employee who alleges that she was sexually harassed in the workplace through a series of allegedly offensive and degrading text messages sent by a supervisor.

Electronic Discovery & Records Management - Tip of the Month: Selecting And Working With An E-Discovery Vendor

Tue, 31 Jul 2012 20:54:08 GMT

A multinational construction company receives a wide ranging subpoena from the US Department of Justice demanding the production of a variety of documents maintained at various locations inside and outside the United States.

Employers Now Liable For Chinese Medical Expenses Of Injured Employees

Tue, 10 Jul 2012 04:00:00 GMT

Recent amendments to the Employees' Compensation Ordinance now give recognition to medical treatment, examination and certification given by registered Chinese medicine practitioners.

Employers Take Note: CY Leung's January 2013 Policy Address

Fri, 25 Jan 2013 08:02:18 GMT

This legal update describes the salient points on CY Leung's 2013 Policy Address in relation to Employment and Benefits.

Employment & Benefits

Mon, 14 Jan 2013 16:52:38 GMT

Rechtsprechung BGH und aktuelle Fragen

Employment & Benefits

Thu, 04 Apr 2013 17:43:30 GMT

Rechtsprechung und Aktuelles

Employment changes on the horizon for 2013

Tue, 05 Mar 2013 10:31:17 GMT

2013 is shaping up to be an interesting one from an employment law perspective, particularly as the Government hopes that a number of its proposals for deregulating and modernising employment relations will come to fruition during the year. In this month's Update, we summarise the key changes to watch out for.

Employment Issues on a Transfer of Business – A Global Overview

Mon, 01 Oct 2012 04:07:22 GMT

An issue that arises in almost every transfer of a business transaction is what to do with the employees employed in that business. In particular, where the intention is to continue the business as a going concern, how do we “transfer” the employees to the buyer of the business? With increasing globalisation the need to deal with employment issues on a transfer of business involving multiple jurisdictions is something that is sure to keep many HR and business managers awake at night.

For this reason, and on the back of the success of our Employee Data Privacy - A Global Overview and The Use of Social Media in the Workplace publications, we have prepared this publication which answers some of the more frequently asked questions that may arise on transferring employees with a business.

Employment Law Aspects of Occupational Pensions - a Comprehensive Handbook

Tue, 22 Jan 2013 05:00:00 GMT

Employment Legal Update & Legislation Timetable

Wed, 03 Oct 2012 10:40:46 GMT

Our latest Employment Law Update reports on the case of Manchester College v Hazel and Another UKEAT/0642/11 which saw the EAT confirming the Tribunal’s Order for the re-engagement of two employees following a TUPE transfer.

Plus the latest Employment legislation.

Employment Reforms in the Enterprise and Regulatory Reform Bill

Tue, 03 Jul 2012 15:55:31 GMT

The Government recently published its Enterprise and Regulatory Reform Bill, which contains a number of employment related measures aimed at creating “strong, sustainable and balanced growth” in the UK economy. Although some employers have welcomed the proposals, the true impact of this prospective legislation remains to be seen.

Empowering of the preliminary insolvency administrator to collect receivables

Mon, 10 Sep 2012 04:00:00 GMT

Energy & Power Projects

Tue, 16 Apr 2013 08:38:36 GMT

Mayer Brown JSM has been advising clients in the energy sector for decades. Our worldwide client base includes companies representing the full spectrum of the energy industry, and those that finance or invest in them.

Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit

Wed, 30 May 2012 21:24:10 GMT

Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), that the Federal Arbitration Act (FAA) prohibits states from conditioning enforceability of arbitration agreements on the availability of class-wide arbitration.

Enforcement of the Foreign Corrupt Practices Act and Other Anti-Bribery Law

Tue, 20 Nov 2012 16:42:00 GMT

Environmental, Social and Governance Reporting Guide to be Implemented After 31 December 2012

Fri, 14 Sep 2012 06:50:00 GMT

The Stock Exchange of Hong Kong Limited (SEHK) published its “Consultation Conclusions on Environmental, Social and Governance Reporting Guide” (Consultation Conclusions) on 31 August 2012 in response to its corresponding consultation paper published on 9 December 2011. For details of the consultation paper, please refer to our previous Legal Update "Consultation on Environmental, Social and Governance Reporting Guide".

EPC Contracts

Fri, 05 Apr 2013 11:02:15 GMT

Construction and Engineering Group partners Raid Abu-Manneh, Jonathan Hosie and Chris Fellowes discuss their presentation on EPC contracts at the FIDIC International Contract Users' Conference 2012.

Epitaph For Mandatory Jurisdiction

Thu, 21 Jun 2012 20:06:11 GMT

Ethical Issues in Negotiating Transactions

Thu, 26 Jul 2012 16:09:28 GMT

EU Competition Law Standard Treatise (eds. Schröter/Jakob/Klotz/Mederer)

Thu, 21 Jun 2012 20:36:35 GMT

EU Draft Crisis Management Directive Requires Banks to Implement Recovery Plans

Fri, 12 Oct 2012 17:40:47 GMT

The European Commission presented a draft directive on the recovery and resolution of credit institutions and investment firms (also referred to as the “Crisis Management Directive” or “CMD”) after extensive preparatory work on the international level and within the European Union.

EU Focus—Where do We Stand on the Reshaping of the Energy Taxation Directive?

Tue, 19 Jun 2012 18:47:12 GMT

A year has passed since the publication, in April 2011, by the European Commission (EC) of its Proposal for a Council Directive amending Directive 2003/96/EC (the Proposal), restructuring the European Community framework for the taxation of energy products and electricity (the Energy Taxation Directive). The purpose of this short contribution is to briefly discuss what the Proposal is seeking to achieve and provide some insights on where the process actually stands.

EU Law Developments in Network Industries 2011

Wed, 06 Jun 2012 20:42:02 GMT

Europe Daily News

Wed, 20 Feb 2013 12:44:36 GMT

Antitrust & Competition; State Aid; Trade & Customs; Internal Market & General; Financial Services & Taxation; Industry, Enterprises, Research; IP, Copyright, Patent; Agriculture & Fisheries; Environment; Health & Consumer; Justice & Home Affairs; Euro & Economy; Future of Europe; External Relations & Accession

Europe Daily News

Wed, 06 Mar 2013 12:47:02 GMT

Antitrust & Competition; State Aid; Trade & Customs; Internal Market & General; Financial Services & Taxation; Industry, Enterprises, Research; Agriculture & Fisheries; Environment; Health & Consumer Protection; Justice & Home Affairs; Euro & Economy; External Relations & Accession

Europe Daily News

Tue, 02 Oct 2012 11:15:37 GMT

Competition; State Aid; Trade & Customs; Internal Market & General; Finance & Taxation; Industry, Employment, Research; Agriculture & Fisheries; Energy; Environment; Health & Consumer Protection; Telecoms & Medias; Justice & Home Affairs; Euro & Economy; Future of Europe; External Relations & Accession

Fri, 06 Jul 2012 17:00:33 GMT

Eurosail - The Point of No Return: The Final Chapter

Fri, 10 May 2013 10:49:15 GMT

Nearly three years after the High Court decision on the case of BNY Corporate Trustee Services Ltd v Eurosail UK 2007 – 3BL PLC and others was handed down, the case has run its course in the Supreme Court. The case, which considers the correct interpretation of the balance-sheet insolvency test in section 123(2) of the Insolvency Act 1986, is of importance to insolvency practitioners, financial institutions, legal advisers, company directors and companies.

Eurozone Crisis: Managing Your Exposure

Thu, 31 May 2012 20:49:43 GMT

As the European financial crisis continues to evolve, serious concerns have emerged about the possibility of Greece, and potentially other countries, exiting the eurozone. Such a scenario would pose serious risks for lenders, investors and other counterparties with European exposure.

Everyone There Will Have Moved Here!
An Overview of the US Federal and Puerto Rican Tax Incentives for Bona Fide Residents of Puerto Rico

Fri, 05 Apr 2013 21:05:05 GMT

Puerto Rico is seeking to turn the corner on a lengthy economic recession with new tax incentives to promote inward migration and investment and a public relations campaign aimed at extolling the benefits of relocating one’s business and residence to the commonwealth.

Executory Contracts and Leases

Tue, 11 Sep 2012 21:09:31 GMT

Expedited Restructurings in the US and Select Latin American Jurisdictions (with Richard Cooper and Adam Brenneman)

Tue, 26 Feb 2013 19:18:27 GMT

Extended copyright term in sound recordings: UK consults on draft regulations

Tue, 29 Jan 2013 09:56:39 GMT

The UK Intellectual Property Office (IPO) launched a consultation in January on the draft regulations that will implement the European Directive that extends both copyright in sound recordings and performers’ rights from 50 to 70 years.

Extraterritorial Enforcement of US Laws

Tue, 20 Nov 2012 17:27:45 GMT

Faces of M&A 2012

Wed, 14 Nov 2012 16:25:32 GMT

A review of the EU merger control regime through the lens of the Deutsche Börse/NYSE Euronext prohibited merger.

Failure by Insurer to Report Termination of Agent's Appointment Results in Breach of Duty

Mon, 08 Oct 2012 08:02:59 GMT

In Dah Sing Insurance Service Ltd v Singh [2012] HKDC 575, the District Court found that Dah Sing breached its statutory duty and duty of care to its insurance agent for failing to report the termination of his appointment and his CPD credits. Dah Sing was liable to pay damages to its insurance agent.

Family Offices: CFTC Clarifies Status of Single Family Investment Funds under the Commodity Pool Operator Rules

Wed, 07 Nov 2012 19:16:20 GMT

On October 3, 2012, Mayer Brown issued a legal update advising about potential issues that could affect family investment funds as a result of recent regulatory changes caused by amendments to the Commodity Exchange Act of 1936 (CEA) by the Dodd-Frank Wall Street Accountability and Consumer Protection Act (Dodd-Frank Act).

Family Offices: The Impact of Commodity Pool Operator Rules on Family Investment Funds

Wed, 03 Oct 2012 15:12:36 GMT

Recent regulatory changes caused by amendments to the Commodity Exchange Act of 1936 by the Dodd-Frank Act may force family offices that have created any pooled investment vehicle falling within the definition of a “commodity pool” to consider whether or not they are required to register, or file a notice for exemption from registration, as a commodity pool operator (“CPO”).

FCC Addresses Vicarious-Liability Standards under Telephone Consumer Protection Act

Tue, 21 May 2013 04:00:00 GMT

The Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.

FCC Modernizes Foreign Ownership Review Policies and Procedures for Wireless Telecommunications Licensees; Seeks Comment on Similar Relief for Broadcast Licensees

Mon, 20 May 2013 17:29:03 GMT

Over the past eight months, the Federal Communications Commission (FCC or Commission) has issued two decisions that modernize and streamline its foreign investment policies for certain radio licensees, including wireless telecommunications carriers.

FCC Proposes New Do Not Call Rules Barring Automated Dialing of Emergency Response Facilities

Fri, 25 May 2012 14:29:47 GMT

On May 22, 2012, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking to implement certain provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Tax Relief Act).

FCPA Enforcement and the Telecom Industry: A Connection You May Have Missed (Co-author with Z. Scott)

Mon, 14 Jan 2013 22:19:11 GMT

Fear of the Chinese or Business as Usual at the European Commission? EU Merger Regulation and the Assessment of Transactions Involving Chinese State-owned Enterprises

Tue, 27 Nov 2012 21:33:39 GMT

Featured Commentary - SEC Technology Roundtable

Fri, 05 Oct 2012 15:45:49 GMT

On Tuesday October 2, 2012, technologists from automated trading companies told the Securities and Exchange Commission that the industry would benefit internally from enhanced quality control and externally from the adoption of safeguards like "kill switches."

Federal Appellate Practice (co-author)

Wed, 24 Oct 2012 20:02:38 GMT

Federal Circuit Elaborates on Domestic Industry Requirement Under Section 337

Wed, 06 Feb 2013 19:27:21 GMT

Federal Communications Commission Action on Radio Frequency Exposure Limits

Mon, 15 Apr 2013 18:26:33 GMT

The US Federal Communications Commission (FCC or Commission) recently released an Order, Further Notice of Rulemaking (Further Notice) and Notice of Inquiry (NOI) on radio frequency (RF) exposure limits and policies.

Federal Court of Justice: BGH strongly rejects abusive transfer of the litigation and credit risk of the assignee to the insolvency estate

Tue, 07 May 2013 04:00:00 GMT

Federal Court of Justice: Characterization of crisis consultants as related persons within the meaning of Sec. 138 German Insolvency Code

Mon, 21 Jan 2013 05:00:00 GMT

Federal Court of Justice: Insolvency-remoteness of the second assignment of a claim that had ready previously been transferred

Mon, 07 Jan 2013 05:00:00 GMT

Federal District Court Says That Plaintiffs Bringing Representative Claims Under California’s Privacy Attorney General Act Do Not Have to Seek Class Action Certification

Tue, 21 May 2013 19:32:59 GMT

Federal Employment Court changes its approach towards the split pension formula

Mon, 06 May 2013 04:00:00 GMT

Federal Reserve Board Approves Basel III Proposals and Market Risk Capital Rule

Fri, 08 Jun 2012 21:43:33 GMT

On June 8, 2012, the Federal Reserve Board (Board) approved three notices of proposed rulemaking (NPRs) that would significantly revise the regulatory capital requirements for all US banking organizations by, among other things, implementing the Basel III capital reforms and incorporating various Dodd-Frank-related capital provisions. In addition, the Board approved a final rule implementing a new market risk capital rule (Market Risk Rule) that incorporates various changes to the capital standards for market risk developed by the Basel Committee from 2005 to 2010.

Federal Reserve Proposes Enhanced Prudential Standards for Non-US Banking Organizations

Thu, 20 Dec 2012 17:43:57 GMT

On December 14, 2012, the Board of Governors of the Federal Reserve System (FRB) released a 300-page proposed rule (the Proposal) under Sections 165 and 166 of the Dodd-Frank Act that would impose heightened prudential requirements, on the US operations of foreign banking organizations (FBOs) having global consolidated assets of $50 billion or more.

Federal Supreme Court: Advisory Duties Regarding Profit Margins and Provisions in Security Trading

Mon, 04 Mar 2013 05:00:00 GMT

Federal Trade Commission Announces Higher Hart-Scott-Rodino Thresholds for 2013

Mon, 14 Jan 2013 21:15:47 GMT

On January 10, 2013, the US Federal Trade Commission announced new thresholds relating to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 U.S.C. § 18a.

FERC Issues A Policy Statement Regarding Capacity Allocation For Certain New Transmission Projects

Wed, 23 Jan 2013 21:15:17 GMT

The US Federal Energy Regulatory Commission (FERC) has issued a final Policy Statement (Statement) to refine and clarify its policy guidance regarding capacity allocation for new merchant transmission projects and non-incumbent cost-based, participant-funded transmission projects.

FERC Issues A Policy Statement Regarding Promoting Transmission Investment Through Pricing Reform

Wed, 02 Jan 2013 05:00:00 GMT

On November 15, 2012, the US Federal Energy Regulatory Commission (FERC) issued a Policy Statement to provide additional and revised guidance regarding its evaluation of applications for electric transmission incentives under section 219 of the Federal Power Act.

Fiduciary Duties in Cross-Border Restructurings (with Martin N. Flics and Brian E. Greer)

Tue, 12 Mar 2013 20:29:48 GMT

Fifth Circuit Holds That Employer’s Access to Data Stored on Employee’s Personal Cell Phone Not Shielded by Stored Communications Act

Thu, 24 Jan 2013 22:22:56 GMT

The intersection of individual employee privacy and the proliferation of the use of hand-held devices and smart phones for business purposes, including the increasing popularity of bring-your-own-device (BYOD) policies, continues to generate thorny questions for employers.

Fine Tuning Royalty Rates for Inflation

Fri, 30 Nov 2012 17:53:29 GMT

Co-Author with Alan H. Gordon

Fiscal court of Hamburg: Decision on securities lending in connection with cum/ex trades

Mon, 06 Aug 2012 13:19:33 GMT

In a recently published decision, dated Nov. 24, 2011 (6K22/10), the fiscal court of Hamburg had decided over a case of dividend stripping. In the trade structure at issue a German GmbH had purchased German stock shortly before the record date and entered into a securities lending agreement with a UK-based trading company.

Fitting a Square Peg into a Round Hole: Do Res Judicata Challenges in International Arbitration Constitute Jurisdictional or Admissibility Problems?

Tue, 11 Dec 2012 20:05:44 GMT

Foreign Tax Credit Limitation Final Regs. Under Sections 864(c) and 904(d), Proposed Regs. Under Sections 902 and 904

Fri, 01 Mar 2013 20:12:03 GMT

Form ADV Updates: A Few Tips for Advisers Getting an Early Start

Thu, 11 Oct 2012 04:00:00 GMT

As we enter the fourth quarter of 2012, investment advisers registered with the US Securities and Exchange Commission (SEC) should begin thinking about the annual update to Form ADV Part 2 (the Brochure).

Form Term Sheet for German Loan Transactions

Tue, 14 May 2013 04:00:00 GMT

When negotiating a loan portfolio transaction (whether for performing or non-performing loans), it is crucial at the outset of the negotiation that the potential seller and the bidders/ potential buyers agree on the transaction’s general terms and conditions.

Forward-Delaware's Preeminence by Design

Thu, 19 Jul 2012 20:21:22 GMT

Fostering Wind Energy Development in the Great Lakes

Tue, 19 Jun 2012 18:31:28 GMT

Following the precedent of the Obama administration’s “Smart from the Start” initiative to speed offshore wind energy development off the Atlantic Coast, on March 30, 2012, the Obama administration and five of the eight Great Lakes littoral states signed a memorandum of understanding (MOU) intended to streamline the efficient and responsible development of offshore wind energy resources in the Great Lakes.

Frank Easterbrook: Portrait of the Next Chief

Thu, 21 Jun 2012 20:00:43 GMT

Fraud Exception in Incontestability Clause of Life Insurance Policy Upheld

Wed, 04 Jul 2012 02:24:17 GMT

The Court of First Instance held in Ma Kim Ying v Manulife (International) Limited (HCA 1989/2008) that the incontestability clause was not applicable because of fraudulent misrepresentations by the life insured in the proposal form.

French Supreme Court decides that a jurisdiction clause providing for "one-way" exclusivity is invalid under Article 23 of the Brussels I Regulation

Wed, 19 Dec 2012 13:54:33 GMT

The French Supreme Court has ruled that a jurisdiction clause providing for exclusivity for the benefit of one party only is contrary to the object and purpose of Article 23 of the Brussels I Regulation, and is therefore invalid (Ms "X" v Banque Privée Edmond de Rothschild, No 11-26.022; 26 September 2012).

Frenville: Finally Dead and Buried in the Third Circuit

Tue, 12 Mar 2013 20:31:22 GMT

Frequently asked questions about setting up a Hong Kong company

Wed, 04 Jul 2012 00:00:00 GMT

What are the minimum requirements for setting up a Hong Kong private company? Does any officer of a Hong Kong company need to be resident in Hong Kong? Can the share capital of a Hong Kong company be denominated in foreign currency?

FSA sanctions in team move cases

Thu, 31 May 2012 13:44:31 GMT

In Spring 2010, we published an Update on the Tullett Prebon Plc v BGC Brokers LP case. In this much-publicised and long-running battle between rival interdealer brokers, the High Court took a dim view of BGC's conduct when poaching a team of brokers from Tullett. It took an even dimmer view of the conduct of Anthony Verrier, the former COO of Tullett.

FTC’s Conduct in Patent Settlement Inquiry Raises Issue on Subpoena Power (co-author)

Mon, 11 Mar 2013 19:21:39 GMT

Further Information on Hong Kong's New Competition Law - What you should know and what you should do - a 2 part Legal Update

Fri, 15 Jun 2012 04:11:48 GMT

This is the second of a special two-part legal update series advising clients on Hong Kong's new competition law, which will shortly be signed and promulgated by the Chief Executive and gazetted as an Ordinance.

Gas Generation Shift Still Questionable

Wed, 19 Sep 2012 17:29:41 GMT

The ideal mix of energy sources for generating power in the United States has long been debated.

General Counsel Burke out at CBoT

Wed, 29 Aug 2012 18:48:25 GMT

(subscription required)

German Federal Court: Managing directors of a GmbH must not be discriminated against on the basis of their age in decisions regarding the extension of their term of office

Tue, 05 Jun 2012 04:00:00 GMT

Almost six years ago the Equal Treatment Act (AGG) came into force. Recently, the German Federal Court (BGH) ruled unexpectedly when it first had to decide if the AGG applies to managing directors of Limited Liability Companies (GmbH).

German Insolvency Law – an overview.

Fri, 22 Jun 2012 04:00:00 GMT

German insolvency law is governed by a comprehensive Insolvency Code which entered into force on January 1, 1999 and has been amended from time to time, the last major reform being the Act for the Further Facilitation of the Restructuring of Companies (ESUG) which largely came into force as of 1 March 2012. There is only one primary uniform insolvency procedure which applies to both individuals and companies.

German Loan Portfolio Transactions

Wed, 13 Jun 2012 04:00:00 GMT

German credit institutions must actively manage their portfolios and constantly review whether the entire portfolio, in its current state, still meets their business and risk models.

German Standards for Loan Transactions

Fri, 14 Dec 2012 16:57:50 GMT

There is a great demand for bank selling and purchasing standards structured for the German loan market. Currently, such purchase and sale transactions are structured under either UK or US standards, which can require comprehensive, and complex, contracts.

Germany - New German Arbitration Rules Meant to Expedite Prodeedings

Mon, 27 Aug 2012 04:00:00 GMT

Germany: Merger control analysis of minority shareholdings – A model for the EU?

Tue, 21 May 2013 16:48:28 GMT

The article examines the merger control of minority shareholdings in Germany, identifies the theories of harm, summarizes existing corporate and antitrust constraints that alleviate potential anticompetitive concerns, and discusses the need for an EU reform in light of the experience in Germany.

Gillette: California Court of Appeal's Decision Produces Razor Burn for the Franchise Tax Board and has Significant Implications for Multistate Corporate Taxpayers

Mon, 27 Aug 2012 20:00:37 GMT

A victory won by Gillette at a California Court of Appeal on July 24th has significant implications for multistate corporate taxpayers. Under the logic of the court’s opinion, states that signed the Multistate Tax Compact (the “Compact”) must permit corporate taxpayers to elect to apportion their income using the methodology provided for in Article IV of the Compact, even if the states have subsequently enacted legislation mandating a different methodology.

Global Corporate Insurance & Regulatory Bulletin

Tue, 08 Jan 2013 15:05:20 GMT

In this issue: UK – Financial Services Act 2012 receives Royal Assent; UK – Lloyd's update; UK – Equality Act 2010 (Amendment) Regulations 2012 come into force; Europe – EIOPA financial stability report; Europe – EIOPA comments on IMD2 proposal; US – NAIC releases draft “NAIC Process for Developing and Maintaining the List of Qualified Jurisdictions” for certified non-US reinsurers; US – EU-US insurance regulators publish objectives and initiatives for the next five years; Global – Italy signs up to multinational memorandum of understanding; Hong Kong – Complying with the Personal Data (Privacy) Ordinance in the insurance industry; China – SAFE issues circulars to regulate Forex controls over foreign invested partnerships and direct investments; Meet our Business & Technology Sourcing practice

Global Corporate Insurance & Regulatory Bulletin

Wed, 10 Oct 2012 10:25:48 GMT

In this issue: UK – Update on the transition to the new regulatory regime; Europe – Solvency II update; Europe – EIOPA and FINMA enter into memorandum of understanding; US – EU-US insurance regulators issue joint draft report comparing certain aspects of the insurance supervisory and regulatory regimes in the EU and the US; US – New statute penalizes California insurers for Iran-related investments; Global – IAIS consultations; Global – Monte Carlo Rendez-Vous report – "It ain't over till it's over"; Hong Kong – New Companies Ordinance published

Global Corporate Insurance & Regulatory Bulletin

Fri, 08 Feb 2013 16:37:34 GMT

In this issue: Europe – IMD2 update; Europe – EIOPA update; Europe – European Commission establishes expert group on European insurance contract law; Europe – Solvency II update; UK – FSA update; UK – Order made for transitional arrangements relating to the new regulatory regime; UK – Lloyd’s to conduct sanctions market review; US – NAIC Separate Account Risk Working Group issues proposed recommendations; US – Former US Senator Ben Nelson from Nebraska appointed NAIC Chief Executive Officer; US – Connecticut Insurance Commissioner Tom Leonardi named lead representative for the NAIC on international issues; US – Validus challenges “cascading” federal excise tax; US – Dodd-Frank corner; China – CIRC ponders new reinsurance rules in China.

Global Corporate Insurance & Regulatory Bulletin

Tue, 11 Dec 2012 15:21:46 GMT

In this issue: China – CIRC allows overseas investments by Chinese domestic insurers; UK – FSA moves to internal twin peaks model for authorisation; UK – Lloyd’s Market Association updates Contract Certainty Code of Practice; Europe – Solvency II update; Europe – EIOPA report on insurance industry training standards; Europe – European Parliament publishes working document on IMD II; US – Pension and insurance convergence; US – NAIC takes major step toward implementation of principles-based reserving for life insurers; US – NAIC subgroup holds public discussion of draft white paper on captive and special purpose vehicle use; US – Reinsurance Task Force meeting highlights; Global – IAIS update; Global – Global Federation of Insurance Associations established; Hong Kong – Public consultation on key legislative amendments for establishment of independent insurance authority; Hong Kong – New outsourcing guidelines for insurers

Global Corporate Insurance & Regulatory Bulletin

Fri, 08 Jun 2012 12:59:29 GMT

In this issue: Europe – Solvency II update; UK – FSA speech on the new approach to insurance regulation and the implementation of Solvency II; UK – FSA sanctions in team move cases; UK – UK’s ‘controlled foreign company’ rules; UK – Budget 2012; US – Force-placed insurance public hearing; US – Updates on legislation to amend credit for reinsurance provisions; and Global – Efforts underway to identify too-big-to-fail insurers

Global Corporate Insurance & Regulatory Bulletin

Mon, 10 Sep 2012 15:36:56 GMT

In this issue: UK – Update on the Transition to the New Regulatory Regime; Europe – Solvency II update; Europe – IMD II publication; US – Credit for Reinsurance Reform; US – NAIC Update: Summer National Meeting; US – Amendments to California's Insurance Holding Company System Regulatory Act; US – CFTC and SEC Final Rules Distinguishing Insurance from Swaps; Global – Insurance Brokers Face Storm Clouds over US Sanctions; Global – Canada, Isle of Man, Luxembourg and Poland sign up to Multinational Memorandum of Understanding; China - CIRC Relaxes Restrictions on Permitted Investments by Insurance Companies; Hong Kong – Personal Data (Privacy) (Amendment) Ordinance; Bermuda – Is the UK Takeover Code bound for Bermuda?

Global Corporate Insurance & Regulatory Bulletin

Thu, 09 May 2013 13:48:16 GMT

In this issue: China: China Insurance Regulatory Commission raises cap for domestic investors in insurers; China: Insurers must implement new anti-money laundering rules by 2015; Hong Kong: Effect of new data privacy rules on direct marketing by insurance companies; Hong Kong: Launch of Risk-based Capital Model; Myanmar: Update on Insurance Industry; Singapore: Amendments to the Insurance Act; Singapore: Financial Holding Company Act 2013; UK: Chief Executive of the Prudential Regulation Authority ("PRA") voices concerns over the implementation of the Solvency II directive; UK: Director of Supervision for the FCA delivers speech on the importance of culture as the driving behaviour of firms and how the FCA will assess this; US: NAIC Spring 2013 National Meeting; US: Update on the NAIC Solvency Modernization Initiative (E) Task Force and its Working Groups; US: Reinsurance (E) Task Force and the NAIC List of Qualified Jurisdictions; US: Federal Home Loan Bank Legislation (E) Subgroup; US: Mortgage Guaranty Insurance (E) Working Group; US: President Obama's 2014 Fiscal Year Budget Proposes Deduction for Reinsurance Premiums Paid to Non-US Affiliates; Argentina: Amendments to Argentinean Insurance Laws

Global Corporate Insurance & Regulatory Bulletin

Fri, 08 Mar 2013 17:32:59 GMT

In this issue: Europe – Solvency II update; UK – Lloyd's publishes Solvency II guidance notes; UK – FSA comments on the resolution framework for insurers; UK – Update on the PRA's role as insurance regulator; UK – HMRC publishes interim guidance on new corporate tax regime for life insurers; Global – IAIS launches self-assessment and peer review on corporate and risk governance; Global – IAIS publishes comments on consultation on policy measures for global systemically important insurers; US – New York Department of Financial Services reissues emergency regulations on Superstorm Sandy claims; Brazil – Privatization of Latin America's major reinsurer; Have you seen our Year in Review?

Global Corporate Insurance & Regulatory Bulletin

Thu, 04 Apr 2013 10:48:09 GMT

In this issue: UK – FSA Split (March 2013); Europe – IMD 2 Update; UK – Competition Law Developments in the Insurance Sector: December 2012 to March 2013; Asia – Myanmar Agrees to Become a Signatory to the New York Convention; US – Debate over Life Insurance Industry use of captive reinsurers and other affiliated special purpose vehicles continues; US – NAIC’s Mortgage Guaranty Insurance (E) Working Group; US – Expedited Review for Potential Qualified Jurisdictions; US – Updates to the ORSA Guidance Manual; US – Insurers May Apply to Become Certified Reinsurers in
Connecticut Pursuant to the Proposed Amended Regulations Implementing the Connecticut Credit for Reinsurance Law; US – Seminar: Managing Cyber Security Threats in the Digital Age; Have you seen our Year in Review?

Global Energy Industry Review

Mon, 13 May 2013 04:00:00 GMT

In this edition of Mayer Brown’s Global Energy Industry Review, we look at the Brazilian use of the phrase “local content,” which has begun to appear more frequently in the laws, internal policies and tender protocols of governments and companies around the world, particularly with regards to the oil & gas industry. We also explore how the local content requirement is affecting research and development in Brazil’s oil & gas industry.

Global Energy Industry Review

Wed, 19 Sep 2012 17:23:00 GMT

In this edition of Mayer Brown’s Global Energy Industry Review, we look at Iraq’s efforts to increase its energy reserves and oil production by hosting several oil and gas licensing rounds over the past four years. The latest round was not well received by the word’s leading international oil companies, however, and we examine some of the reasons why this may have occurred.

Global Energy Industry Review

Tue, 19 Jun 2012 17:17:58 GMT

In this edition of Mayer Brown’s Global Energy Industry Review, we begin by highlighting key revisions of the Association of International Petroleum Negotiators’ 2012 Joint Operating Agreement (JOA). It is expected that this new JOA will take over as the new international industry standard, and our article examines how some of the changes reflect the latest commercial realities of the upstream oil and gas sector, particularly in light of events such as the Deepwater Horizon tragedy and the implementation of the UK Bribery Act 2010.

Global Insurance Industry 2012 Year in Review

Mon, 11 Feb 2013 05:00:00 GMT

In this 2012 Year in Review report we discuss some of the more noteworthy developments and trends in insurance industry transactions in the past year in the United States, Europe, Asia and Latin America, with particular focus on mergers and acquisitions, corporate finance, and the insurance-linked securities and convergence markets.

Submit your request for the report.

Global Mining Update

Tue, 04 Dec 2012 13:09:34 GMT

Welcome to the latest edition of the Mayer Brown Mining Update which focuses on some of the key legal issues and developments that have been affecting the Mining sector over recent months

Global Mining Update

Fri, 19 Apr 2013 09:28:19 GMT

Welcome to the latest edition of the Mayer Brown Mining Update which focuses on some of the key legal issues and developments that have been affecting the Mining sector over recent months.

Global Projects & Infrastructure Update

Mon, 09 Jul 2012 15:26:33 GMT

Periodically we like to update our clients on our latest deals and news. In doing this, we hope you gain a broader understanding of our global capabilities in the projects and infrastructure sectors.

Global Projects & Infrastructure Update

Tue, 06 Nov 2012 20:15:46 GMT

Periodically we like to update our clients on the latest deals and news at Mayer Brown. In doing this, we hope you gain a broader understanding of our global capabilities in the projects and infrastructure sectors.

Good Briefs and Rising Caseloads

Thu, 21 Jun 2012 19:59:47 GMT

Government clears IOF for foreign investments in real estate investment fund

Tue, 05 Feb 2013 20:28:36 GMT

By means of Decree No. 13.894/13, published in the Official Gazette of 01.31.2013, the Federal Government amended Tax on Financial Operations Code (Decree 6.306/07) regarding its application on certain exchange transactions required to the inflow of funds to Brazil.

Government of Minas Gerais May Offer a Discount of Up to 70 Percent Off the Mineral Resources Inspection Fee

Wed, 21 Nov 2012 15:42:12 GMT

On October 31, 2012, the government of Minas Gerais published Law no. 20414/12 allowing the State’s Executive Branch to offer a discount of up to 70 percent off the Mineral Resources Inspection Fee (Taxa de Fiscalização de Recursos Minerários - TFRM).

Government Ownership Statutes - An International Stumbling Block for Alien Insurers Seeking to Transact Business in the United States

Fri, 10 Aug 2012 16:32:01 GMT

Greg Conroy Honored by the Pro Bono Partnership as a Volunteer of the Year

Fri, 15 Jun 2012 04:00:00 GMT

Mayer Brown associate Greg Conroy was honored by the Pro Bono Partnership as one of its four Volunteers of the Year.

Guaranties in Bankruptcy: A Primer (with Brian E. Greer)

Tue, 12 Mar 2013 20:31:42 GMT

Guide to Doing Business in Myanmar

Tue, 14 May 2013 02:02:22 GMT

Mayer Brown JSM has published its Guide to Doing Business in Myanmar (May 2013). The guide includes information of interest to foreign and local investors and explains various legal issues that may arise when doing business in Myanmar.

Handling the Major Disaster: A Defense Lawyers’ Perspective

Tue, 20 Nov 2012 17:38:56 GMT

Helping Those Who Help Others

Fri, 14 Dec 2012 20:02:06 GMT

Litigation & Dispute Resolution partner Andy Marovitz is quoted in an article profiling Jarrett Adams as the recipient of the Chicago Bar Foundation’s Abraham Lincoln Marovitz Public Interest Law Scholarship. Reprinted with permission from the Chicago Bar Association.

HKEx Consults on Board Diversity

Wed, 10 Oct 2012 03:57:53 GMT

On 7 September 2012, Hong Kong Exchanges and Clearing Limited (HKEx) published its "Consultation Paper - Board Diversity" (Consultation Paper) to set out the proposed amendments about board diversity to Appendix 14 (Corporate Governance Code (Code) and Corporate Governance Report) to the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited.

HKIS Comments on Consultation Paper on Adverse Possession

Tue, 09 Apr 2013 06:55:01 GMT

The comments from the Hong Kong Institute of Surveyors (HKIS) on the Consultation Paper on Adverse Possession, released by the Law Reform Commission, are summarised in this legal update.

Home Run! A Case Study of Financing the New Stadium for the St Louis Cardinals

Fri, 22 Jun 2012 19:16:51 GMT

"Home Run! A Case Study of Financing the New Stadium for the St Louis Cardinals," an article co-written by Chicago Banking & Finance partner Paul Forrester, is published in Project Financing, 8th edition by Euromoney Books.

Honest Services at Risk

Tue, 20 Nov 2012 17:37:00 GMT

Hong Kong Adopts New Competition Law - What you should know and what you should do - a 2 part Legal Update

Fri, 15 Jun 2012 02:52:17 GMT

After years of consultation and debate, and in the face of continuing opposition from many business sector representatives, Hong Kong is finally on the verge of enacting its first cross-sector competition law. The Competition Bill received its third and final reading last night (14 June) in the Legislative Council, meaning it is destined to become law when the final formalities (signature and promulgation by the Chief Executive and gazetting as an Ordinance) are completed shortly.

Hong Kong and Macau sign arrangement on arbitration co-operation

Fri, 25 Jan 2013 04:09:07 GMT

On 7 January 2013, the Department of Justice of the Hong Kong SAR Government concluded an arrangement with the Macau SAR on reciprocal recognition and enforcement of arbitral awards (the "Arrangement").

Hong Kong Competition Ordinance: One Step Closer

Fri, 23 Nov 2012 11:06:09 GMT

The Secretary for Commerce and Economic Development, Mr. Gregory So, has announced the commencement dates for certain key provisions of the Competition Ordinance in a Competition Ordinance (Commencement) Notice published in the Hong Kong Government Gazette on 23 November 2012.

Hong Kong Enacts the Mediation Ordinance

Fri, 29 Jun 2012 09:38:58 GMT

On 22 June 2012, the Mediation Ordinance (the "Ordinance") was enacted in Hong Kong. In addition to providing a basic statutory framework for the conduct of mediations, the Ordinance confirms the prominence of mediation as a preferred alternative dispute resolution mechanism in Hong Kong.

Hong Kong Passes New Law to Curb Unfair Trade Practices

Thu, 23 Aug 2012 02:31:46 GMT

Hong Kong legislators passed amendments to the Trade Descriptions Ordinance which create new offences and strengthen enforcement against unfair trade practices. The new law is expected to come into effect next year.

Hong Kong Takeovers Practice: Do Not Take Chain Principle at Face Value - The Sino-Forest Decision

Mon, 25 Feb 2013 06:26:56 GMT

A mandatory bid (or a mandatory general offer obligation) ("GO Obligation") will be triggered if a controlling block in a listed company ("Controlling Block") changes hands.

Hong Kong's New Competition Law – Competition Commission Gets Chairperson and Commissioners

Mon, 29 Apr 2013 10:26:09 GMT

The Hong Kong Government has appointed Members of the Competition Commission on 26 April 2013, to take effect on 1 May 2013 for a period of three years.

Hong Kong's New Competition Ordinance - Serious Implications for the Hotel & Leisure Sector

Fri, 05 Oct 2012 03:50:46 GMT

How Credit Institutions can Obtain SBV Approval to List Shares on Stock Exchanges

Wed, 19 Sep 2012 04:18:24 GMT

On 13 September 2012 the State Bank of Vietnam (SBV) issued Circular No. 26/2012/TT-NHNN (Circular 26) guiding the 2010 Law on Credit Institutions and Decree No. 58/2012/ND-CP on procedures for the listing of shares by joint-stock credit institutions in the international and domestic stock exchanges.

Salient provisions of Circular 26 are discussed in this legal update.

How faithful does an employee have to be?

Wed, 18 Jul 2012 13:01:06 GMT

The Court of Appeal has just decided a case involving the scope of an employee’s duties of loyalty and good faith, and also the potential to imply fiduciary obligations into a contract of employment. This is a major decision, with significant practical effects on the drafting of employment contracts, affecting all senior and, we consider, mid-tier employees.

How Much Discovery From Opt-Ins in FLSA Collective Actions Should Businesses Seek

Tue, 21 May 2013 19:36:43 GMT

How should Issuers Handle Market Comments and Negative Publicity?

Tue, 05 Jun 2012 09:25:22 GMT

From time to time, The Stock Exchange of Hong Kong Limited (SEHK) publishes guidelines to issuers on how to handle market comments and negative publicity about accounting and corporate governance matters. This Legal Update aims to explain some of the major principles to assist compliance by issuers.

How the US's New Anti-IT Theft Approach Affects Asia's Businesses

Thu, 06 Dec 2012 10:19:19 GMT

The use of unauthorised software in business is illegal and is likely to attract both civil and criminal liabilities in Hong Kong. Yet, did you know that the use of unauthorised software by anyone whose goods are supplied to the US may also constitute an unfair trade practice under the US's unfair competition laws, and may lead to the detention of goods, financial liability and injunctions against further sales? A Thai company has recently been fined for using pirated software to gain an unfair trade advantage in Massachusetts. The lessons that can be learnt by other Asian businesses from this very first case under the US's new anti-IT theft approach are discussed in this legal update.

How to Avoid Unauthorized Practice of Law in Document Review

Mon, 11 Mar 2013 19:20:16 GMT

How to Review State Court Determinations of State Law Antecedent to Federal Rights

Fri, 02 Nov 2012 19:04:52 GMT

Illinois Amends Campaign Finance Law to Address Independent Expenditures by "Super PACs"

Mon, 06 Aug 2012 13:52:39 GMT

Recently approved amendments to Illinois’s campaign finance law are intended to address independent campaign expenditures by so-called “Super PACs.”

Illinois Senate Passes Expansive Corporate Income Tax Disclosure Legislation; Illinois House of Representatives May Consider Next Week

Fri, 30 Nov 2012 23:34:29 GMT

The Illinois Senate has advanced legislation that requires publicly traded companies to make certain tax information subject to public disclosure. The legislation now awaits action by the Illinois House of Representatives, which may occur as early as next week during the Illinois General Assembly’s veto session.

Implementation of HKFRS 10/IFRS 10 Results in New Compliance Implications

Fri, 15 Mar 2013 04:12:14 GMT

Hong Kong Financial Reporting Standard (HKFRS) 10/International Financial Reporting Standard (IFRS) 10, entitled "Consolidated Financial Statements", became effective for annual periods commencing on or after 1 January 2013.

Implementing New Bonus Cap Regulations into Current Employment Contracts

Wed, 27 Mar 2013 04:00:00 GMT

Implied Certification Under the False Claims Act: A More Aggressive Enforcement view and How It Will Affect the Performance and Management of Contracts

Mon, 04 Jun 2012 21:55:13 GMT

Implied Trust And Confidence: An Update

Tue, 26 Jun 2012 04:00:00 GMT

In a recent UK case, Steven Horkulak v Cantor Fitzgerald International [2003] EWHC 1918 (QB), the High Court made it clear that a high pressure working environment and well paid job cannot justify conduct that is likely to destroy the relationship of implied trust and confidence.

Increased Protection Anticipated for Employees Participating in Trade Union Activity

Tue, 23 Apr 2013 09:33:24 GMT

Last month, the Legislative Council Panel on Manpower reviewed and discussed a briefing paper submitted by the Labour and Welfare Bureau of the Labour Department. The paper proposes amendments to the Employment Ordinance which currently requires Labour Tribunal orders for re-instatement or re-engagement of an employee to be made with the consent of both parties.

India's Corporate Social Responsibility Proposal

Wed, 22 May 2013 17:39:54 GMT

Pending legislation in India may create a novel and material development in Corporate Social Responsibility (CSR) that likely would affect all Indian corporations as well as international corporations with subsidiaries or affiliates incorporated in India.

Infomativo de Projetos

Wed, 15 Aug 2012 21:15:45 GMT

MP altera Lei de PPPs e prevê aportes de recursos em favor da concessionária durante a fase de construção

Information Disclosure on the Securities Market

Fri, 06 Jul 2012 03:38:33 GMT

On 5 April 2012, the Ministry of Finance ("MOF") issued Circular 52/2012/TT-BTC providing guidelines on publicising information on the securities market ("Circular 52"). It became effective on 1 June 2012, replacing Circular 09/2010/TT-BTC (15 January 2010) ("Circular 09").

Informativo Ambeintal - Junho 2012 | Ano 02 nº 018

Thu, 14 Jun 2012 14:18:22 GMT

Informativo Ambiental

Thu, 12 Jul 2012 14:11:10 GMT

Clima: consulta pública aos planos setoriais dos segmentos de mineração e da indústria
Em 6 de julho de 2012, foi realizada no Rio de Janeiro a primeira consulta pública aos planos setoriais de mitigação e de adaptação em mudanças climáticas. Comparecemos às reuniões dos setores da indústria e de mineração e algumas notas merecem registro.

Informativo Ambiental

Mon, 01 Oct 2012 15:13:47 GMT

Novo Código Florestal: Cadastro Ambiental Rural, Reserva Legal e jurisprudência

Informativo Ambiental

Mon, 13 Aug 2012 14:10:06 GMT

Política Nacional de Resíduos Sólidos: evoluções e expectativas

Informativo Ambiental - Ano 02 nº 023

Tue, 13 Nov 2012 15:20:57 GMT

Novo Código Florestal, Programas de Regularização Ambiental e Cadastro Ambiental Rural

Informativo Ambiental - Ano 02 nº 024

Thu, 20 Dec 2012 05:00:00 GMT

Nova Instrução Normativa IBAMA regula procedimento para apuração de infrações

Informativo Ambiental - Ano 03 nº 025

Tue, 19 Feb 2013 15:35:26 GMT

Duas novas Instruções Normativas do IBAMA tratam de resíduos

Informativo Ambiental Abril 2013 | Ano 03 nº 026

Wed, 24 Apr 2013 18:25:45 GMT

Foi publicada, em 11 de abril de 2013, a Instrução Normativa (IN) IBAMA nº 6, que regulamenta o Cadastro Técnico Federal de Atividades Potencialmente Poluidoras e Utilizadoras de Recursos Ambientais (CTF-APP), cuja inscrição é obrigatória para acesso aos serviços do órgão (licenciamento, autorizações etc).

Informativo da Área Bancária

Tue, 31 Jul 2012 13:46:39 GMT

Pacote de ajustes na Lei No. 12.431 promete reduzir incertezas jurídicas que estão dificultando emissões de debêntures no mercado brasileiro

Informativo da Área Bancária

Mon, 24 Sep 2012 04:00:00 GMT

Pacote de ajustes à Lei No. 12.431/11 finalmente entra em vigor por meio da Lei No. 12.715/12

Informativo da Área Bancária

Fri, 06 Jul 2012 15:36:19 GMT

Banco Central amplia às instituições financeiras a possibilidade de antecipação de recursos para financiamento às exportações.

Informativo da Área Bancária

Thu, 12 Jul 2012 14:37:15 GMT

Nova lei de combate aos crimes de “lavagem” de dinheiro

Informativo de Área Bancária | Ano 02 nº 007

Mon, 07 Jan 2013 18:22:39 GMT

Basileia III | Critérios mais flexíveis e maior prazo para cumprimento das exigências

Informativo de Direito Imobiliário e Finanças Estruturadas

Thu, 21 Mar 2013 14:36:38 GMT

Novo Ofício-Circular CVM/SIN/nº 05/2013 – Esclarecimentos sobre dispositivos da Instrução CVM nº 472/08

Informativo de Mercado de Capitais e Societario

Fri, 21 Dec 2012 05:00:00 GMT

Lei 8.245/91 passa a dispor sobre a locação nos contratos de construção ajustada (“built-to-suit”)

Informativo de Mercado de Capitais e Societário

Fri, 21 Sep 2012 04:00:00 GMT

Lei flexibiliza os requisitos de benefício fiscal para as aplicações de investidores estrangeiros, inclusive em Certificados de Recebíveis Imobiliários

Informativo de Mercado de Capitais e Societário

Thu, 30 Aug 2012 19:38:16 GMT

CMN edita resolução alterando as regras sobre a emissão de Letras Financeiras

Informativo de Mercado de Capitais e Societário

Tue, 09 Oct 2012 20:31:36 GMT

Nova versão do Sistema Empresas.net – Versão 6.0

Informativo de Mercado de Capitais e Societário

Tue, 07 Aug 2012 20:18:36 GMT

Interpretações da BM&FBOVESPA sobre a divulgação e reapresentação do Calendário Anual

Informativo de Mercado de Capitais e Societário

Fri, 24 Aug 2012 19:30:21 GMT

CVM coloca em audiência pública proposta de alteração da Instrução CVM nº 356/01

Informativo de Mercado de Capitais e Societário Ano 03 nº 034

Mon, 22 Oct 2012 13:53:51 GMT

Nova instrução da CVM é editada para uniformizar o cálculo do EBITDA e EBIT

Informativo de Mercado de Capitais e Societário Ano 03 nº 035

Mon, 22 Oct 2012 14:30:14 GMT

CVM altera Instruções Normativas para equalizar o prazo de análise de pedido de registro de companhia aberta concomitante com o pedido de registro de oferta pública de ações

Informativo de Mercado de Capitais e Societario Ano 03 nº 036

Mon, 29 Oct 2012 04:00:00 GMT

CVM editou instrução que permite a contratação de formadores de mercado por Fundos de Investimento Imobiliário

Informativo de Mercado de Capitais e Societário Ano 04 nº 038

Fri, 11 Jan 2013 19:01:18 GMT

Comissão de Valores Mobiliários (“CVM”) edita instrução que proíbe a prática de vendas a descoberto no âmbito de ofertas subsequentes de ações (follow-on)

Informativo de Mercado de Capitais e Societário Ano 04 nº 039

Mon, 14 Jan 2013 14:56:06 GMT

Nova medida da Comissão de Valores Mobiliários (“CVM”) facilita emissão de ações por empresas de pequeno e médio portes

Informativo de Mercado de Capitais e Societário Ano 04 nº 040

Mon, 14 Jan 2013 05:00:00 GMT

Assembleias Gerais Ordinárias de Companhias Abertas

Informativo de Mercado de Capitais e Societário Ano 04 nº 041

Fri, 15 Feb 2013 19:38:15 GMT

CVM altera as regras dos Fundos de Investimento em Direitos Creditórios

Informativo de Mercado de Capitais e Societário Ano 04 nº 042

Tue, 05 Mar 2013 05:00:00 GMT

Novo Ofício-Circular CVM/SEP/nº 01/2013 - Orientações gerais sobre procedimentos a serem observados pelas companhias abertas e estrangeiras.

Informativo de Mercado de Capitais e Societário Ano 04 nº 043

Fri, 12 Apr 2013 18:42:10 GMT

Importante – Atualização Anual do Formulário Cadastral e do Formulário de Referência.

Informativo de Projetos

Wed, 19 Sep 2012 15:22:34 GMT

Desdobramentos da Prorrogação de Concessões de Geração, Transmissão e Distribuição de Energia Elétrica

Informativo de Projetos - Ano 1 No. 4

Fri, 14 Dec 2012 15:42:22 GMT

Programa de Investimentos em Logística Portuária e Alternativas de Financiamento

Informativo de Seguros & Resseguros

Tue, 09 Apr 2013 15:23:57 GMT

Dando início às atividades do departamento de Seguros e Resseguros de Tauil & Chequer associado a Mayer Brown, e considerando a longa presença e reputação do Escritório nos mercados de Petróleo e Gás, nosso primeiro informativo mescla estas duas áreas de interesse trazendo ao conhecimento de todos recente decisão da Corte do Texas acerca do chamado “Deepwater Horizon Incident”, um dos sinistros de maior proporção mundial da indústria offshore.

Informativo Trabalhista

Fri, 19 Oct 2012 20:10:55 GMT

Enquadramento previdenciário do diretor empregado e não empregado

Informativo Trabalhista

Wed, 10 Oct 2012 20:52:36 GMT

Novos formulários e documentos de Rescisão Contratual serão adotados a partir de novembro

Informativo Trabalhista - Ano 01 No. 03

Mon, 05 Nov 2012 19:23:24 GMT

Ministério do Trabalho e Emprego (MTE) prorroga prazo para utilização obrigatória do novo Termo de Rescisão do Contrato de Trabalho

Informativo Trabalhista - Ano 02 No. 04

Mon, 01 Apr 2013 14:58:45 GMT

PEC dos Empregados Domésticos (66/2012) foi aprovada e trará inclusões no rol de direitos trabalhistas para empregados domésticos.

Injury-in-Fact, Justice-in-Fiction: Toward a More Realistic Definition of “Injury” in the Context of Unenforced Criminal Laws

Wed, 17 Oct 2012 16:47:33 GMT

Insurance Brokers Face Storm Clouds over U.S. Sanctions

Mon, 11 Jun 2012 04:00:00 GMT

Insurance brokers worldwide are subject to increasing scrutiny by the U.S. Office of Foreign Assets Control, Department of the Treasury (“OFAC”), which administers the wide range of U.S. sanctions programs.

Insurance in Asia

Tue, 16 Apr 2013 09:03:54 GMT

Mayer Brown JSM has extensive experience in contentious and noncontentious insurance related matters. Our clients have a broad range of differing needs, to which we have the skills and the experience necessary to service them all.

Intellectual Property

Tue, 16 Apr 2013 09:07:09 GMT

Mayer Brown JSM provides a highly experienced team of focused intellectual property (IP) practitioners who have practiced in Hong Kong and the broader Asian region for many years. We offer a solid appreciation of international issues when dealing with our clients’ business needs in Asia.

Intellectual Property & Data Protection 2013: Legal developments you need to know about

Mon, 21 Jan 2013 12:29:36 GMT

This is a short guide to some of the key legal developments for intellectual property and data protection in 2013.

The developments include proposed changes to copyright law following consultation in 2012, new copyright exceptions, extension of copyright protection for sound recordings, new remedies for UK-registered design owners against innocent infringement, progress of the EU unitary patent package, the UK Patent Box and R&D tax credit coming into effect, the introduction of binding corporate rules for data processors and progress of the proposed new EU Regulation on data protection.

Intellectual Property & Life Sciences 2013: Legal developments you need to know about

Mon, 21 Jan 2013 12:32:49 GMT

This is a short guide to some of the key legal developments for intellectual property in the life sciences sector in 2013.

The developments include a proposed new EU Clinical Trials Regulation, progress of the EU unitary patent package, the UK Patent Box and R&D tax credit coming into effect, reform of the research and Bolar exceptions and a proposed new EU legislative framework for medical devices. They also include developments relating to database rights, exceptions to copyright law, changes to UK design law and a new EU Regulation on data protection.

Intellectual Property & Life Sciences 2013: Legal developments you need to know about

Wed, 27 Mar 2013 04:00:00 GMT

This is a short guide to some of the key legal developments for intellectual property in the life sciences sector in 2013.

Internal Investigations

Tue, 20 Nov 2012 19:54:33 GMT

International Arbitration in Sub-Saharan Africa

Thu, 31 Jan 2013 14:47:32 GMT

Mayer Brown have updated their Country by Country Reference Guide to International Arbitration in Sub-Saharan Africa for 2013. Covering 49 countries, this Guide covers the key facts, considerations and risks in relation to arbitration in the region.

International Insurance Law and Regulation - United States Chapter

Fri, 08 Mar 2013 16:21:06 GMT

International Insurance Law and Regulation - United States Chapter

Fri, 10 Aug 2012 16:01:12 GMT

International Joint Ventures: Basic Tax Goals and Structures

Thu, 02 May 2013 16:57:03 GMT

International Tax Provisions of the America Job Creation Act of 2004

Thu, 02 May 2013 17:00:46 GMT

Interstate Banking In the 1980s

Fri, 15 Jun 2012 19:53:05 GMT

Introduction – The View from Mayer Brown

Mon, 13 Aug 2012 04:00:00 GMT

Nick Robertson takes a look at three recent Employment cases involving whistleblowing and sex discrimination, service provision change rules in TUPE, and victimisation.

Investigating Corporate Misconduct

Tue, 20 Nov 2012 19:49:06 GMT

Investing in Angola: Between Extremes

Wed, 19 Sep 2012 17:37:22 GMT

Angola is a land of extremes. While many Angolans live in deepest poverty, the Angolan economy is the third largest in Sub-Saharan Africa, with annual GDP growth regularly topping 10 percent over recent years.

Iraq’s 4th oil and gas licensing round

Tue, 14 Aug 2012 08:56:34 GMT

Since 2008, Iraq has been conducting a series of high profile oil and gas licensing rounds with the Iraqi Government’s strategy being to increase its energy reserves and raise oil production from current levels of 2.5 million barrels per day (“BPD”) to 6.5 million BPD by 2014.

Iraq’s Fourth Oil and Gas Licensing Round

Wed, 19 Sep 2012 17:33:51 GMT

Since 2008, Iraq has been conducting a series of high profile oil and gas licensing rounds, with the Iraqi govern¬ment’s strategy being to increase its energy reserves and raise oil production from current levels of 2.5 million barrels per day (BPD) to 6.5 million BPD by 2014.

IRS Enhances Opportunity for U.S. Multinationals to Access Cash

Mon, 04 Mar 2013 23:15:42 GMT

IRS Provides Guidance On Beginning of Construction for Renewable Energy Projects

Tue, 16 Apr 2013 20:36:45 GMT

The US Internal Revenue Service has issued Notice 2013-29, which provides guidance on the “beginning of construction” requirement to qualify for the Section 45 production tax credit, as well as the election to claim the Section 48 investment tax credit.

IRS Slams the Brakes on a Loss Acceleration Strategy: CCA 200849012 Challenges Sophisticated Technique to Recognize Losses on Accounts Receivable

Mon, 04 Feb 2013 22:10:42 GMT

Is Hong Kong Ready for Class Actions?

Thu, 31 May 2012 11:09:59 GMT

On 28 May 2012, the Law Reform Commission of Hong Kong ("LRC") issued a report recommending the introduction of a class action regime in Hong Kong.

Is the food sector ripe for a sectoral inquiry?

Wed, 29 Aug 2012 15:46:48 GMT

The European Commission’s competition department (DG COMP) has the power to investigate an industry or sector. Recent action by the DG COMP raises the question of whether it is likely to initiate a food sector inquiry. The DG COMP may undertake a sectoral inquiry if it concludes that “rigidity of prices or other circumstances suggest that competition may be restricted or distorted with the common market”

It's Not Obvious How Much KSR Changed Anything

Wed, 03 Oct 2012 21:29:18 GMT

(with Jeffrey I.D. Lewis)

It's only Lunch; The IRS Moves One Step Closer to Requiring Narrative Tax Returns (Co-Author)

Mon, 04 Feb 2013 21:48:46 GMT

John Roberts’ Advice to The Solicitor General Must Remain Confidential

Thu, 21 Jun 2012 20:01:15 GMT

Joint Ventures in the Oil and Gas Supply-Chain in Brazil

Wed, 19 Sep 2012 17:46:02 GMT

Suppliers to the oil and gas industry in Brazil are expected to see substantially increased sales as a result of pre-salt discoveries that can potentially generate significant volumes of oil.

Jonathan Helfgott, Hamsa Murthy and Anne Selin Honored For Pro Bono Asylum Work

Fri, 15 Jun 2012 04:00:00 GMT

Mayer Brown associates Jonathan Helfgott, Hamsa Murthy and Anne Selin, along with the firm, were honored for their pro bono asylum work by the Center for Gender and Refugee Studies at the University of California Hastings College of Law.

Journal of Business Compliance

Tue, 25 Sep 2012 10:45:05 GMT

Mark Compton is one of the editors of the Journal of Business Compliance

Joy to the Classical World – music industry pierces the corporate veil

Tue, 30 Oct 2012 10:19:01 GMT

Earlier this month, judgment in Naxos Rights International Ltd v Project Management (Borders) Ltd and Salmon [2012] CSOH 158 was handed down by the Scottish courts. The case involved Naxos, the largest independent classical music record label in the world, making an infringement of copyright claim against a web-based trader of classical music, Project Management, and its sole director, Dr. Salmon.

Judge Orders Record Penalties Against AU Optronics in Criminal Antitrust Case

Fri, 21 Sep 2012 04:00:00 GMT

On September 20, 2012, a federal judge imposed a $500 million fine on AU Optronics (AU), a Taiwanese manufacturer of thin-film transistor liquid crystal display (TFT-LCD) panels, for its role in a price-fixing conspiracy.

Judgment identifies limits to the exclusive use of well-known trademarks

Fri, 21 Dec 2012 04:32:09 GMT

In a recent judgment (Stichting BDO & another v. Banco De Oro Unibank Inc & another), the Hong Kong High Court issued a reminder that the reputation attached to a well-known trademark is not limitless but must be viewed in the context of the relevant goods or services. The Court dismissed the plaintiff accountancy firm's claim against the defendant bank for using a similar "BDO" mark.

Judicial Profile: Hon. Nancy B. Firestone, U.S. Court of Federal Claims

Fri, 29 Jun 2012 18:40:21 GMT

Keeping Track of Cyberslackers – Web and E-mail Monitoring by Bosses Becoming Common in the Workplace

Tue, 21 May 2013 21:21:31 GMT

Kehrtwende des BAG zur gespaltenen Rentenformel

Fri, 26 Apr 2013 17:06:48 GMT

Die außerplanmäßige Erhöhung der Beitragsbemessungsgrenze im Jahre 2003 führt doch nicht zu einer auslegungsbedürftigen Regelungslücke.

Key Considerations for Non-Reliance and Anti-Sandbagging Clauses in M&A Agreements

Mon, 14 Jan 2013 18:07:03 GMT

Key Considerations for Non-Reliance and Anti-Sandbagging Clauses in M&A Agreements

Thu, 28 Mar 2013 18:18:53 GMT

Key Players Weigh In On Historic FCC Incentive Auction Proceeding

Tue, 19 Mar 2013 14:36:15 GMT

As authorized by Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (the Spectrum Act), the Federal Communications Commission is pursuing an incentive auction of the radio broadcast spectrum in which broadcasters can voluntarily relinquish their spectrum usage rights in exchange for a portion of the resulting auction proceeds.

KSR v. Teleflex in the Supreme Court – The Outcome Is Not So Obvious

Wed, 03 Oct 2012 21:32:01 GMT

(with Jeffrey I.D. Lewis)

La Lettre Sociale

Mon, 18 Jun 2012 23:00:00 GMT

No. 65: The law of 22 March 2012 concerning the simplification of legal and administrative measures has been published in the Official Journal (Law No. 2012-387 of 22 March 2012, JORF: 23 March 2012).

LA Metrolink Crash Puts Focus on Dangers of Texting

Tue, 21 May 2013 21:06:04 GMT

Land Regularization in Conservation Units

Tue, 31 Jul 2012 19:57:55 GMT

Latest Development in CIETAC Arbitration

Fri, 10 May 2013 07:45:06 GMT

An update on the current situation of arbitration cases of China International Economic and Trade Arbitration Commission (CIETAC), CIETAC Shanghai Sub-Commission (CIETAC Shanghai) and CIETAC South-China Sub-Commission (CIETAC South-China) and some practical recommendations in handling such cases in light of the uncertainties.

Latest HSR Report Shows Increased US Antitrust Enforcement

Tue, 26 Jun 2012 15:28:51 GMT

The latest update from the US federal antitrust enforcement agencies is in, and it shows that in fiscal year 2011, there was a significant increase in merger activities and continued aggressive antitrust enforcement by the Obama administration. Parties considering mergers and acquisitions should expect this aggressive enforcement policy to continue in 2012.

Law No. 12,715/12: Conversion of Provisional Measure No. 563/2012 into Law and Changes in the Rules of Transfer Pricing

Fri, 05 Oct 2012 04:00:00 GMT

The Federal Government has approved the conversion of Provisional Measure No. 563/2012 into Law No. 12,715.

Law No. 12741/2012: tax invoices (notas fiscais) shall specify the amount of applicable taxes

Thu, 13 Dec 2012 05:00:00 GMT

On December 10th, 2012, Law No. 12741 was published in the Official Gazette.

Law Reform Commission's Proposals for the Reform of the Law on Adverse Possession

Tue, 11 Dec 2012 04:38:13 GMT

On 10 December 2012, the Adverse Possession Sub-committee of the Law Reform Commission released a consultation paper at a press conference, making preliminary proposals for the reform of the law on adverse possession.

Law360 MVP Awards Go To Legal Top Guns From 52 Firms

Tue, 04 Dec 2012 22:08:46 GMT

Law360 selected Christopher Erckert as an MVP in the Project Finance category. The MVP awards honor attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.

Lawyers Up in Arms Over Landmark Wage Ruling

Tue, 21 May 2013 21:19:11 GMT

Learning to mediate (commentary on the top 10 IP cases of 2011 in China)

Thu, 31 May 2012 16:00:00 GMT

Lease Recharacterization in Bankruptcy: United Air Lines Recharacterization Cases Bolster the Debtor-Tenant's Cause

Thu, 14 Mar 2013 16:02:55 GMT

Legal Barriers to Mining by Foreigners in Brazil—Updates about the Restrictions to Acquiring Rural Properties by Foreigners

Wed, 27 Jun 2012 20:38:22 GMT

In October of 2011 the Agriculture, Cattle Breeding and Rural Development Committee of the House of Representatives created a special subcommittee to analyze and propose measures regarding the acquisition and use of rural areas in Brazil by foreigners, natural persons and legal entities.

Legal issues of social media and pharma with respect to information, advertising and pharmacovigilance

Wed, 16 Jan 2013 14:31:02 GMT

Legal Strategies for the Insurance Industry: Providing Business Solutions From A Legal Perspective

Fri, 10 Aug 2012 16:02:57 GMT

Legal Update: Buyer's Stamp Duty: Exemption for Redevelopment Purposes?

Tue, 27 Nov 2012 11:12:41 GMT

On 29 October and 1 November 2012, we published the first and second of two legal updates on the introduction of Buyer's Stamp Duty (BSD) and the adjusted rates and extension of the holding period in respect of Special Stamp Duty (SSD).

Exemption for redevelopment purposes?

BSD is chargeable on all sales and purchases of residential flats except where a buyer is a Hong Kong Permanent Resident (HKPR).

The Government says that exemption will be given for the acquisition of residential properties for redevelopment purposes, but how this will work is not yet clearly defined.

LegCo to Discuss Paternity Leave Proposal

Thu, 24 Jan 2013 08:11:17 GMT

This legal update briefly describes the statutory paternity leave proposal to be tabled in the Legislative Council Panel on Manpower for discussion on 25 January 2013.

Letters Of Intent - A Potential Minefield?

Mon, 09 Jul 2012 20:12:35 GMT

There have been two recent decisions in England in the cases of Eugena Limited v Gelande Corporation Limited and Emcor Drake & Scull Ltd v Sir Robert McAlpine Ltd which illustrate, again, the potential pitfalls of parties allowing works to commence on site before concluding a contract and relying on letters of intent as a short term solution.

Levels of Compensation under the ECO Increased in view of Statutory Minimum Wage

Wed, 18 Jul 2012 05:57:15 GMT

All EC insurers and employers are advised to take note that the Legislative Council passed a resolution on 17 July 2012 to increase the amounts of eight compensation items payable under the Employees' Compensation Ordinance Cap. 282 (ECO).

Liability due to the Ommission to Issue Ad Hoc Notices under Section 37b of the German Securities Trading Act

Mon, 11 Jun 2012 04:00:00 GMT

Liability for Wrongful Investment Advice in Swap Transactions

Tue, 19 Mar 2013 04:00:00 GMT

Liability of a Prominent Politician Concerning Information Contained in the Brochure of an Investment Product

Mon, 11 Jun 2012 04:00:00 GMT

Life Sciences - 2013 Legal Developments You Need to Know About

Wed, 27 Mar 2013 04:00:00 GMT

This is a short guide outlining some of the key legal developments in the life sciences sector in 2013.

Life Sciences: 2013 Legal Developments You Need to Know About

Mon, 11 Feb 2013 20:33:43 GMT

This is a short guide outlining some of the key legal developments in the life sciences sector in 2013.

Light at the End of the Tunnel: Trademark Squatting in China

Wed, 05 Dec 2012 10:23:28 GMT

Trademark squatting has been a nightmare for many overseas trademark owners for a long time, and more so in recent years. Our partner, Kenny Wong, published an article last month in Intellectual Property Magazine, titled "Kung fu trademark hustle", in which he says there are encouraging signs that we may be seeing light at the end of the tunnel.

Following the Trademark Office, the Chinese judiciary has also openly acknowledged the problem. On December 3, the Beijing No. 1 Intermediate People's Court held a press conference to report on their study into "the cause, characteristic and judicial response to trademark squatting".

Lingering Questions Regarding Certain Energy Transportation and Storage Arrangements Require CFTC Action

Wed, 17 Oct 2012 19:06:52 GMT

The energy industry was able to heave a collective sigh of relief based on the treatment of energy transactions under the so-called Swap Product Rule ¹ jointly adopted on August 13, 2012, by the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) and, in particular, the forward contract exclusion ² contained in the rule.

Liquidators' Costs in a Preference Claim

Mon, 13 May 2013 09:59:15 GMT

In The Joint and Several Liquidators of QQ Club Limited (in liquidation) v. Golden Year Limited (HCCW 245/2011, 9 April 2013) (QQ Club), the Court of First Instance held that a liquidator's costs in pursuing an avoidance claim are "fees and expenses properly incurred in preserving, realizing or getting in the assets", and are payable out of the company's assets in priority to all other payments prescribed in rule 179 of the Companies (Winding-up) Rules. In reaching this conclusion, the court distinguished the English Court of Appeal's decision in Lewis v. Commissioner of Inland Revenue and others [2001] 3 All ER 499 (Lewis v. IRC), which has attracted a considerable amount of criticism in England.

Listing Rules Changes to Strengthen the False Market Avoidance Requirements

Wed, 12 Dec 2012 06:59:04 GMT

Hong Kong Exchanges and Clearing Limited (HKEx) published its "Consultation Conclusions on Rule Changes Consequential on the Enactment of the Securities and Futures (Amendment) Ordinance 2012" (Consultation Conclusions) on 30 November 2012 in response to the consultation paper published on 3 August 2012.

Litigating at Home While Fact Finding Abroad

Tue, 19 Jun 2012 15:20:18 GMT

Litigation Funding for Liquidators in Hong Kong: Exemption Applied with a PRC Twist

Mon, 30 Jul 2012 02:44:41 GMT

In the recent decision of Re Po Yuen (To's) Machine Factory Limited [2012] HKCU 816, the Honourable Mr. Justice Harris confirmed that the liquidators of a company in liquidation may enter into a litigation funding arrangement with a third party and that the funding may come in the form of a contingency fee arrangement with the third party. This endorsement and application of an exemption in Hong Kong to champerty and maintenance adds an interesting PRC dimension to the developing body of case law in Hong Kong allowing litigation funding for liquidators.

Local Content in Brazil

Wed, 08 May 2013 04:00:00 GMT

The phrase “local content” has begun to appear more frequently in the laws, internal policies and tender protocols of governments and companies around the world, particularly with regard to the oil & gas industry. The main argument to justify the local content rules is the enhancement of the local industry. But is it working?

Logging the risks for lawyers

Fri, 28 Sep 2012 06:34:07 GMT

London Competition Group Update: Competition Weekly Bulletin

Tue, 29 May 2012 04:00:00 GMT

EU Competition; EU - Phase I merger notifications; EU - Key merger clearances; UK Competition; State Aid

London EU and UK Competition Law Group: Competition Bulletin

Wed, 20 Jun 2012 23:00:00 GMT

EU Competition; EU – Phase I merger notifications; EU – Key merger clearances; EU Developments; UK Competition; State Aid

London EU and UK Competition Law Group: Competition Bulletin

Wed, 06 Jun 2012 23:00:00 GMT

EU Competition; EU – Phase I merger notifications; EU – Key merger clearances; EU Developoments; UK Competition; State Aid

London EU and UK Competition Law Group: Competition Bulletin

Mon, 25 Jun 2012 23:00:00 GMT

EU Competition; EU – Phase I merger notifications; EU – Key merger clearances; EU Developments; UK Competition; State Aid

London EU and UK Competition Law Group: Competition Bulletin

Tue, 12 Jun 2012 14:15:34 GMT

EU – Phase I merger notifications; EU – Key merger clearances; EU Developments; UK Competition; State aid

London Stock Exchange launches High Growth Segment

Wed, 03 Apr 2013 12:04:36 GMT

On 27 March 2013, the London Stock Exchange (LSE) launched the High Growth Segment, a new Main Market segment which sits alongside the LSE's existing Premium and Standard segments and provides an alternative route to market for European companies.

Long-Expected Omnibus HIPAA Rule Implements Significant Privacy and Security Regulations for Entities and Business Associates

Mon, 11 Feb 2013 15:23:04 GMT

On January 17, 2013, the Department of Health and Human Services (HHS) issued the final “omnibus” rule modifying the HIPAA Privacy, Security, Breach Notification and Enforcement Rules (Final Rule). As expected, the Final Rule extends the reach and limits of HIPAA’s privacy and security provisions.

Luxembourg Issues Further Guidance on New Transfer Pricing Regime for Conduit Financing

Wed, 22 Aug 2012 04:00:00 GMT

On April 8, 2011 the Luxembourg tax authorities have issued further guidance on existing binding rulings on conduit financing with regard to the recently installed transfer pricing regime.

Major changes in the pipeline for EU rules on technology licensing

Thu, 21 Feb 2013 17:45:59 GMT

The European Commission has moved a step closer to adopting tougher anti-trust rules on technology licensing and has launched a public consultation on these. Industry has just under three months from now to make its views heard.

Malicious Failure to Pay Wages to an Employee: China Issues New Interpretation

Thu, 24 Jan 2013 09:18:50 GMT

On 22 January 2013, the Supreme People's Court in China released a judicial interpretation concerning the crime of maliciously failing to pay wages to an employee (the "Interpretation"). The Interpretation takes effect from 23 January 2013. The Interpretation provides more details on the crime of malicious failure to pay wages, which was first introduced by the PRC Criminal Law Amendment (VIII) that took effect on 1 May 2011.

Management of Inflation Issues in Licensing

Fri, 30 Nov 2012 17:56:17 GMT

Co-Author with Alan H. Gordon

Manana Is Good Enough for Me: IRS Staggers the Dates for FATCA Implementation

Mon, 04 Feb 2013 21:25:47 GMT

Manipulation in Political Prediction Markets

Tue, 30 Oct 2012 19:22:54 GMT

Manna from Heaven: LMSB Provides Important Relief for "Available on Request" GRAs

Mon, 25 Feb 2013 21:56:21 GMT

MAP Policies and Internet Dealers

Thu, 31 May 2012 16:35:50 GMT

For years, there has been debate in the law governing electronic commerce about what constitutes an “advertised price” and what constitutes a “sales price” for purposes of determining Minimum Resale Price Maintenance violations. A recent decision from the US District Court for the Southern District of New York provides guidance on how to distinguish advertising restrictions from pricing restrictions on the Internet.

Massachusetts District Court Explores the United States’ Burden of Proof Argument on Deductions of Government Settlements

Tue, 21 May 2013 16:17:46 GMT

On May 9, 2013, the US District Court of Massachusetts issued a Memorandum and Order in Fresenius Medical Care Holding, Inc. v. United States,¹ involving federal income tax deductions related to the settlement of several government Federal False Claims Act (FCA) claims.

Material Breach in Outsourcing Contracts

Thu, 20 Dec 2012 17:17:56 GMT

A well-negotiated outsourcing agreement typically grants a customer the ability to terminate the arrangement without payment of any penalties in the event of a “material breach.” However, unless the agreement names specific events that constitute a material breach, that determination will be left to a court.

Mayer Brown Hosts Asylum Law Seminar

Wed, 13 Feb 2013 05:00:00 GMT

On January 16, a city-wide training event on asylum law and case preparation was hosted by Mayer Brown’s New York office in partnership with Sanctuary for Families, a New York-based nonprofit dedicated to serving domestic violence victims, sex trafficking victims and their children.

Mayer Brown JSM Intellectual Property/Information Technology Practice

Tue, 14 May 2013 02:42:27 GMT

“They do a great job – mostly because they have so much experience, they have the depth of resources to advise on anything.” - Chambers Asia Pacific 2013

Mayer Brown Lawyers Secure Asylum for Pro Bono Client from Mali

Fri, 15 Jun 2012 04:00:00 GMT

On April 9, 2012, a New York immigration judge granted asylum to our client, a female refugee from Mali. Our client was a victim of female genital mutilation (FGM) and a forced marriage to her late husband who severely abused her physically, sexually, and psychologically during their nearly decade-long marriage.

Mayer Brown Receives Tahirih Justice Center’s Texas Law Firm of the Year Award

Thu, 21 Jun 2012 04:00:00 GMT

On April 25, 2012, Mayer Brown received the Tahirih Justice Center’s Texas Law Firm of the Year Award.

Mayer Brown Secures Compassionate Release for Dying Three-Strikes Prisoner

Thu, 08 Nov 2012 05:00:00 GMT

Mayer Brown attorneys have secured the release from prison of a 61-year old woman who is dying of cancer.

Mayer Brown, Clydes bag £136m Argo deal

Wed, 29 Aug 2012 18:38:24 GMT

Merger Control in Germany – German Court clarifies controversial jurisdictional issues

Wed, 15 Aug 2012 04:00:00 GMT

In a recently published decision the Higher Regional Court of Düsseldorf provided interesting guidance on how to deal with jurisdictional uncertainties of German merger control. The Court took the opportunity to clarify controversial topics concerning the de-minimis market notification exemption, and geographic turnover calculation. The Court also made very clear that merging parties rather than calling the courts have to go through the administrative procedure with the Bundeskartellamt (Federal Cartel Office, “FCO”) first.

Merger control referrals pursuant to Article 22 EUMR - Looking for the best placed authority

Tue, 14 Aug 2012 15:32:24 GMT

Mergers and Acquisitions: Successful Partnering Between Inside and Outside Counsel

Wed, 06 Jun 2012 15:10:18 GMT

Mexico–PEMEX to Conduct Third Round of Upstream Contracts (Chicontepec)

Wed, 31 Oct 2012 13:52:36 GMT

The board of directors of Pemex Exploración y Producción (PEP) recently approved the third bidding round of "Integrated E&P Contracts" (IECs) for six blocks in the Chicontepec region.

Mining in Kenya – the start of a new era?

Fri, 19 Apr 2013 10:11:47 GMT

London Finance associate Avanthi Gunatilake provides a brief overview of the legal and regulatory framework applicable to the mining industry in Kenya and sets out some practical considerations investors should bear in mind when mining in Kenya.

Mining Industry in Brazil

Thu, 28 Feb 2013 05:00:00 GMT

In this 2012 Year in Review, we summarize some of the mining industry’s most noteworthy developments, with a particular focus on the legal environment, the current economic climate, the major M&A transactions and the potential opportunities and challenges for 2013.

Minority shareholdings might become subject to mandatory competition review

Tue, 05 Feb 2013 09:57:48 GMT

In a speech late last year the EU’s Commissioner for Competition identified that the European Commission is considering a revision to the EU Merger Regulation that would mean acquisition of minority shareholdings require prior authorization by the Commission.

Modifications of Securitized Subprime Mortgage Loans

Wed, 31 Oct 2012 18:26:18 GMT

Co-Authored with William Levy and Jeffrey Cantrell

MOFCOM Conditionally Approves Marubeni/Gavilon: Competition Law and Industrial Policy in the Agricultural Sector

Wed, 08 May 2013 10:34:15 GMT

On 22 April 2013, China's Ministry of Commerce (MOFCOM) published its conditional approval of Marubeni's acquisition of Gavilon Holdings – hot on the heels of the regulator's conditional clearance of the Glencore/Xstrata merger which also concerned strategically-sensitive global markets where China is heavily dependent on imports.

MOFCOM consults on comprehensive draft merger remedies regulation – What is MOFCOM's preference: structural, behavioural or hybrid?

Mon, 22 Apr 2013 10:07:00 GMT

As part of a continued move toward greater transparency in China's merger control regime, the Chinese Ministry of Commerce (MOFCOM) published for public comment on 27 March 2013 draft Regulations on the Imposition of Restrictive Conditions on Concentrations of Business Operators (Draft Restrictive Conditions Regulations). The consultation closes on 26 April. The new draft rules are comprehensive in scope and largely in line with mainstream international practice – notably in the EU.

MOFCOM invites comments on draft regulations on simple merger cases - What procedural benefits will simple merger cases have?

Wed, 17 Apr 2013 10:58:11 GMT

The draft Interim Regulations on Standards for Simple Cases of Concentrations of Business Operators (Draft Simple Cases Regulations) was published for comment on the website of the Ministry of Commerce (MOFCOM) on 3 April 2013. The deadline for submitting comments on the Draft Simple Cases Regulations is 2 May 2013.

MOFCOM Orders Extraterritorial Divestiture of Key Mining Asset in Glencore/Xstrata Merger: Lessons for Future Notifications

Mon, 06 May 2013 08:51:04 GMT

Following a lengthy review lasting the best part of a year, on 16 April 2013 the Ministry of Commerce of the People's Republic of China (MOFCOM) gave a conditional green light to the acquisition by Glencore International plc. (Glencore) of all of the remaining shares of Xstrata plc. (Xstrata), in which Glencore already held a minority equity interest.

Moral Reasoning in International Law (with Roger Alford)

Wed, 30 Jan 2013 22:50:40 GMT

MOU Signed for Co-operation for Guangzhou-Foshan Intercity Loop Line

Wed, 26 Sep 2012 10:56:23 GMT

On 14 September 2012, MTR Corporation signed a Memorandum of Understanding (MOU) with the Foshan Municipal Government to study the feasibility of co-operation for the Guangzhou-Foshan Intercity Loop Line (Foshan West Station to Guangzhou South Station Section), otherwise referred to as the "Guangzhou-Foshan Line".

Moving Beyond ".com"

Fri, 22 Jun 2012 04:00:00 GMT

On June 20, 2011, the Internet Corporation for Assigned Names and Numbers - the body responsible for managing the Internet's domain name system - approved a framework for dramatically expanding that system.

Moving Beyond “.com”: ICANN Publishes Application Information for New Generic Top-Level Domain Names

Wed, 13 Jun 2012 13:55:36 GMT

On June 13, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) published a list of all applications filed for new generic Top-Level Domains (gTLDs). This list identifies more than 1900 applications for gTLDs of various types including generic words, community names, geographic locations and brands.

Moving Beyond “.com”: Trademark Clearinghouse to Open on March 26, 2013

Wed, 20 Mar 2013 22:17:27 GMT

The Internet Corporation for Assigned Names and Numbers (ICANN) will open the Trademark Clearinghouse (TMCH) for submission of trademark rights on March 26, 2013.

MP 577: Brazilian Government Regulates the Procedure for Intervention by ANEEL in the Management of Concessionaires of Electricity

Fri, 28 Sep 2012 21:11:04 GMT

As a response to the current situation of Centrais Elétricas do Pará S.A. – CELPA, an electricity distribution concessionaire within Rede Group that filed for court-assisted reorganization last February 28, the Brazilian Government passed Provisional Measure No. 577, published on August 30, 2012 (“MP 577”), which establishes specific rules for intervention by the concession granting authority, acting through the Brazilian Electric Energy Agency (“ANEEL”), in the management of concessionaires of electricity as a public service, with the purpose of ensuring a proper provision of services and full compliance with the applicable contractual, regulatory and legal provisions.

MPFA Pursues an Employer for Outstanding Contributions plus Surcharge via Civil Claim

Fri, 11 Jan 2013 08:07:21 GMT

On 14 December 2012, the Mandatory Provident Fund Schemes Authority (MPFA) successfully obtained judgment against an employer in the District Court for failing to make mandatory contributions in respect of an employee.

Multijurisdictional Merger Filings: News and Recent Developments

Thu, 28 Feb 2013 14:04:06 GMT

Cross-border mergers frequently trigger pre-closing antitrust reviews. Such reviews are complex and can be fraught with risk. With more than 90 countries now having obligatory premerger filing requirements, different substantive and procedural regimes can make a multijurisdictional transaction an expensive and time-consuming process.

Myanmar Agrees to Become a Signatory to the New York Convention

Thu, 14 Mar 2013 09:28:23 GMT

On 6 March 2013, Myanmar's Parliament voted in favour of Myanmar becoming a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("the New York Convention").

Myanmar's Foreign Investment Law: Summary of Amendments

Fri, 09 Nov 2012 08:07:29 GMT

On 2nd November 2012, President Thein Sein signed into law the long-awaited new Foreign Investment Law.

Navigating Hart-Scott-Rodino Act Filing Requirements

Tue, 19 Feb 2013 16:26:36 GMT

Trying to figure out if you need to make an HSR filing? Is your company currently considering an asset acquisition? A merger or other voting securities acquisition? Or another type of transaction like the acquisition of a limited liability company or formation of a joint venture?

New Amendments to PRC Civil Procedure Law Aimed at Increasing Efficiency, Transparency and Parties' Autonomy

Thu, 17 Jan 2013 04:02:31 GMT

The newly revised Civil Procedure Law of the People's Republic of China (Revised CPL) came into effect on 1 January 2013. Approximately 60 amendments made to the existing CPL, amended in April 2008, will bring about further changes and developments over civil litigations in China.

New Buyer's Stamp Duty and New Rates of Special Stamp Duty on Residential Units

Mon, 29 Oct 2012 08:15:02 GMT

With a view to suppressing the property speculation in Hong Kong, the Financial Secretary has, on 26 October 2012, announced that Government will amend the Stamp Duty Ordinance to introduce two new measures on residential flats with effect from 27 October 2012.

New California Employment Laws

Fri, 11 Jan 2013 18:36:34 GMT

A number of important employment-related laws came into effect at the start of the new year. We have organized them by topic and provide summaries of the key aspects of each.

New CIRC Rules Aimed at Expanding China's Overseas Insurance Investment

Tue, 30 Oct 2012 09:18:46 GMT

China Insurance Regulatory Commission (CIRC) issued the Interim Measures on the Administration of Overseas Investments of Insurance Funds (the Interim Measures) in 2007 to establish a basic legal framework for China's domestic insurance sector to make offshore investments.

On 12 October 2012, CIRC released the Implementing Rules for the Interim Measures (the Implementing Rules). The 35-article Implementing Rules expand the asset categories and jurisdictions in which Chinese insurers can invest offshore, and provide detailed requirements for such areas as investor qualifications, risk control, and the supervision and administration of the offshore investments of insurance funds.

New Collective Bargaining Agreement for the Chemical Industry in Germany

Wed, 06 Jun 2012 04:00:00 GMT

On May 24, 2012, a new collective bargaining agreement for the German Chemical Industry has been concluded. Under German law the content of such an agreement applies directly to the employment relationships between employees and employers who are bound by the collective bargaining agreement, either due to memberships in unions and employers’ associations or by means of reference clauses in individual employment agreements.

New Collective Bargaining Agreement on Salary for the Metal and Electricity Industry in Germany

Thu, 16 May 2013 22:00:00 GMT

On May 14, 2013, a new collective bargaining agreement (Tarifvertrag) (“CBA”) for the Metal and Electricity Industry has been concluded between the Bavarian employers’ association for the Metal and Electricity Industry “VBM” and the Bavarian section of the nation-wide trade union “IG Metall”.

New Collective Bargaining Agreements for the Metal and Electronics Industry in Germany

Wed, 30 May 2012 04:00:00 GMT

After lengthy negotiations two new collective bargaining agreements in the Metal and Electronics Industry in Germany have been concluded in the last days. The content of these agreements directly applies to the employment relationships between employees and employers in Germany who are bound by them due to memberships in unions and employers’ associations or by means of reference clauses in individual agreements.

New Companies Ordinance Expected to Take Effect in 2014

Tue, 21 Aug 2012 01:47:51 GMT

Rewriting the Companies Ordinance, Hong Kong's primary corporate statute, was no doubt a long and arduous process. The work, which was started back in 2006, eventually began to bear fruit when the Companies Bill was finally passed by the Legislative Council on 12 July 2012 and gazetted on 10 August 2012, following at least five rounds of public consultation.

New Decree on Quality Management of Construction Works in Vietnam

Mon, 22 Apr 2013 06:40:28 GMT

On 6 February 2013, the Government of Vietnam issued Decree No. 15/2013/ND-CP guiding the implementation of the Construction Law dated 26 November 2003 (Decree 15). Decree 15 came into effect on 15 April 2013 and replaces Decree No. 209/2004/ND-CP dated 16 December 2004, and Decree No. 49/2008/ND-CP dated 18 April 2008. It also replaces a number of clauses in Decree No. 12/2009/ND-CP dated 12 February 2009. Provisions in Decree 15 on utilising information concerning the capabilities of organisations and individuals for contractor selection, however, will take effect on 1 September 2013.

New EU Rules for the Energy Sector in 2009

Wed, 06 Jun 2012 21:24:33 GMT

New Hong Kong Companies Ordinance: Impact on Financing Transactions

Thu, 23 Aug 2012 02:03:47 GMT

After a long rewriting exercise, the new Companies Ordinance of Hong Kong was gazetted on 10 August 2012. In our previous update, New Companies Ordinance Expected to Take Effect in 2014, we highlighted some of the major purposes and initiatives of the new Companies Ordinance (CO) which are expected to take effect in 2014. In this legal update we focus on the new provisions in the CO that could impact the financing related transactions of our clients.

New International Services Agreement Will Tackle Trade Barriers

Fri, 18 Jan 2013 21:09:46 GMT

The United States and 20 other trade partners are preparing to launch negotiations for a new international services agreement to increase trade opportunities for professional, financial, transportation, distribution, and other services.

New IRS Audit Guidelines Target Equity Swaps with Non-U.S. Counterparties

Mon, 04 Feb 2013 21:49:39 GMT

New Merger Review Process in Brazil

Thu, 31 May 2012 16:21:32 GMT

This article examines Brazil’s new Antitrust Law no. 12,529/2011, which revokes the previous framework designed by Law no. 8,884/1994. Among the significant changes in the new law are the pre-merger review system with the centralization of the activities by CADE and the seeming exclusion of commercial agreements, such as supply and distribution agreements, which were not clearly exempted by the previous law and thus caused constant discussion in the case law.

New minimum wage rate expected to take effect 1 May 2013

Fri, 14 Dec 2012 07:00:07 GMT

The new Statutory Minimum Wage rate will be adjusted from HK$28 per hour to HK$30 per hour. It is anticipated that the new rate will take effect on 1 May 2013.

New OFAC Licenses Ease Certain US Economic Sanctions Against Burma

Tue, 17 Jul 2012 21:27:23 GMT

The Office of Foreign Assets Control (OFAC) of the US Treasury Department has issued General License Nos. 16 and 17, related to US sanctions against Burma. Subject to certain limitations and requirements, the General Licenses lift the broad bans against US investments in Burma and the export of US financial services to Burma that had been in place for 15 years.

New Offence for Delinquent Employees - Data Privacy Law Has Teeth and Can Bite (Part 4)

Fri, 28 Sep 2012 12:11:30 GMT

This legal update is part of our series of updates to discuss the implications of the Personal Data (Privacy) Amendment Ordinance 2012 ("Amendment Ordinance").

In this legal update, we look at a new criminal offence created under the Amendment Ordinance which prohibits the disclosure of personal data kept by a data user without the data user’s consent.

An example of where this provision applies is where an employee sells personal data obtained in the course of his employment to a marketing company. The new provision in the Amendment Ordinance makes the employee criminally liable for the unauthorised disclosure of the personal data.

Read on to find out how you can manage these risks in the workplace more effectively!

New Privacy Laws for Direct Marketing: Are You in Compliance?

Tue, 19 Feb 2013 03:58:01 GMT

Part VIA of the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) sets out new direct marketing requirements. Part VIA will tentatively commence on 1 April 2013. In anticipation of its commencement, the Privacy Commissioner for Personal Data (PCPD) has issued a Guidance Note on Direct Marketing (Guidance Note). The Guidance Note will take effect when Part VIA commences.

New regulations aimed at improving foreign press operations in Vietnam

Fri, 30 Nov 2012 07:16:42 GMT

On 23 October 2012 the Vietnamese Government issued Decree No. 88/2012/ND-CP (Decree 88) regulating the information and press activities of foreign correspondents and foreign agencies and organisations in Vietnam.

Decree 88 will take effect from 20 December 2012 and replace Decree No. 67/CP dated 31 October 1996 (Decree 67). Decree 67 was the first Government decree issuing regulations on the information and press activities of foreign correspondents and foreign agencies and organisations in Vietnam.

Of note, journalists of foreign news organisations working in Vietnam will be allowed to directly contact ministries and other authorities for reporting purposes instead of having to go through the Ministry of Foreign Affairs as under Decree 67.

New Regulations Classify Series Companies

Thu, 02 May 2013 16:48:09 GMT

New Regulations on Trading and Distribution Rights of Foreign-Invested Enterprises in Vietnam to be Implemented

Thu, 16 May 2013 09:49:31 GMT

The legal update stipulates the guidelines on import, export, and distribution of goods by foreign-invested enterprises in Vietnam.

New restriction on interest deductibility on acquisition debt

Fri, 01 Jun 2012 04:00:00 GMT

Olivier Parawan, partner in Mayer Brown’s Paris office, assesses the new Carrez Amendment provision of French tax law, and explains how the interest deduction limitation could affect your business.

New rights for pension scheme trustees under the Takeover Code

Tue, 23 Apr 2013 15:54:39 GMT

On 20 May 2013 changes will be made to the Takeover Code relating to pension scheme trustees. Broadly, the changes will have the effect of extending to the trustees of the target’s pension scheme(s) the provisions introduced to the Code in September 2011 relating to employee representatives. We have looked at the new rules and considered how some of them differ from those initially put forward in July 2012.

New Ruling of Income Tax On Participation In Profit Or Results of Companies

Tue, 15 Jan 2013 20:33:21 GMT

Employee Profit Sharing (PLR) is regulated by Law No. 10.101 of December 19, 2000.

New Section 367(e)(1) Regulations: Major Policy Shift For IRS, Planning Opportunities for Distributing Corporations

Fri, 01 Mar 2013 20:18:15 GMT

New U.S. Tax Regulations Change The Rules for Dividend Equivalents

Mon, 04 Feb 2013 21:17:30 GMT

New US Regs Confirm That Basis Is Lost in Some Cash D Reorgs

Mon, 04 Mar 2013 23:12:38 GMT

New York Appeals Court Precludes Attempted End Run Around Morrison

Tue, 22 Jan 2013 15:10:19 GMT

A New York appellate court recently issued a decision favorable to securities issuers whose shares trade on non-US exchanges. The court held that certain hedge fund plaintiffs—whose federal securities fraud claims earlier were dismissed pursuant to the US Supreme Court’s decision in Morrison—could not pursue a new state court suit that was based on nearly identical allegations as the original federal suit.

New York Court of Appeals Answers Questions on When Jurisdiction Can Be Established Based on New York Correspondent Accounts

Fri, 11 Jan 2013 17:00:16 GMT

The New York Court of Appeals has confirmed that, while maintaining a correspondent banking account will not support the exercise of jurisdiction over a non-US bank in matters unrelated to the non-US bank’s use of the correspondent bank account, correspondent banking transactions could establish New York jurisdiction over banks in cases with a close nexus to those transactions.

New York Court of Appeals to Consider Vast Expansion to Koehler: Turnover of Assets at a Non-US Subsidiary

Wed, 03 Oct 2012 04:00:00 GMT

The US Court of Appeals for the Second Circuit recently certified to the New York Court of Appeals two questions concerning the ability of a judgment creditor to garnish accounts of judgment debtors at non-US subsidiaries of banks that have branches in New York or are otherwise subject to jurisdiction in New York.

New York Federal District Court Orders Disclosure of Chinese Bank Records Despite Threat of Liability Under Chinese Secrecy Laws

Tue, 17 Jul 2012 21:16:30 GMT

Judge Naomi Buchwald of the federal District Court for the Southern District of New York recently provided clarity on the scope of third-party bank discovery obligations with respect to materials located abroad: this is an issue that has caused a split in the jurisdiction.

New York Tax Department’s Decombination Efforts Rejected in IT USA, Inc.

Thu, 24 Jan 2013 15:14:36 GMT

A New York State Division of Tax Appeals administrative law judge (“ALJ”) recently ruled that a group of three corporations properly filed New York State combined reports and therefore the New York State Department of Taxation and Finance’s (the “Department’s”) attempt to decombine those corporations was legally impermissible. Mayer Brown attorneys Alvan L. Bobrow and Jeffrey S. Reed represented the corporations before the ALJ.

New York Trial Court Reaffirms Separate-Entity Rule in Discovery Dispute

Mon, 12 Nov 2012 21:09:35 GMT

The recent decision by a New York State trial court in Ayyash v. Koleilat (N.Y. Sup. Ct., N.Y. County, Index No. 151471/2012 (Coin, J.)) contains important guidance on how lower-level New York State courts are inclined to interpret the decision of New York’s highest court in Koehler v. Bank of Bermuda.

Nightmare on Hotel Street - Midnight Takeovers - Termination of Management Agreements by Hotel Owners at Will

Fri, 05 Oct 2012 03:38:43 GMT

Ninth Circuit Strikes Down Class Action Settlement For Improper Cy Pres Award And Excessive Attorneys’ Fees

Thu, 19 Jul 2012 15:13:04 GMT

Courts have been reviewing class action settlements with increasingly close scrutiny, especially when the settlement involves cy pres awards donated to charity.

Noah Liben Receives the NYSBA President’s Pro Bono Service Award

Fri, 15 Jun 2012 04:00:00 GMT

Mayer Brown associate Noah Liben received the New York State Bar Association President’s Pro Bono Service Award for his volunteer work with InMotion, an organization that provides legal services to low income and abused women.

Noncompliant Release of Claims Provisions in Employment Agreements and Other Agreements Must Be Corrected by December 31 to take Advantage of IRS Transition Relief

Wed, 28 Nov 2012 14:47:56 GMT

In 2010, the Internal Revenue Service published Notice 2010-6 in which it indicated that certain types of common release provisions found in employment and other agreements violated Section 409A, which governs deferred compensation.

Normative Instruction n.º 1.312/2012: Regulating the new Transfer Pricing rules introduced by Law n.º 12.715/12

Fri, 11 Jan 2013 05:00:00 GMT

The Internal Revenue Service of Brazil, through Normative Instruction n º 1.312/12 published in the Official Gazette on December 31, 2012, regulated the transfer pricing control applicable to entities engaged in import and export transactions of goods, services and rights with related parties resident overseas, as well as on international transactions carried out with individuals or legal entities, whether related or not, located in the so-called tax havens, privileged tax regimes and countries that do not disclose information on the shareholding of resident companies, in view of the recent changes introduced by Law No. 12.715/12.

Note Holder Rights in ‘A/B’ Mortgage Loans

Wed, 27 Feb 2013 21:52:04 GMT

Nothing for Something: Avoiding US Withholding Obligations on Phantom Interest

Mon, 25 Feb 2013 21:14:31 GMT

Obama Administration Issues Cyber-Security Executive Order

Wed, 13 Feb 2013 22:20:09 GMT

On February 12, 2013, President Obama issued an executive order (the Order) intended to improve the cybersecurity of “critical infrastructure” in the United States.

Obama Administration Promotes CHP to Increase Industrial Energy Efficiency

Thu, 06 Sep 2012 15:58:31 GMT

In the August 30, 2012 Executive Order “Accelerating Investment in Industrial Energy Efficiency,” President Obama directs the Departments of Energy, Commerce and Agriculture, and the Environmental Protection Agency, in coordination with the National Economic Council, the Domestic Policy Council, the Council on Environmental Quality and the Office of Science and Technology Policy, to coordinate policies to encourage investment in industrial efficiency in order to reduce costs for industrial users, improve US competitiveness, create jobs and reduce harmful air pollution.

Obama Seeks to Tax Outbound Transfers of Workforce in Place

Mon, 04 Mar 2013 23:15:07 GMT

Observation of the written form requirement of a commercial lease with a civil law partnership (GbR) by providing the signature of only one partner and affixing the company stamp

Wed, 22 May 2013 04:00:00 GMT

Occupier's Liability – Defence Upheld in "Slip & Fall" at Cinema

Thu, 02 May 2013 08:39:53 GMT

In a recent decision handed down by the High Court, Yau Tsz Hin v. Broadway Theatre Company Limited, HCPI 674 of 2010, the cinema successfully defended a 'slip and fall' claim lodged by its patron. The conduct of the defence focussed on the cinema having in place an adequate cleaning and inspection system. The High Court accepted this and held that the cinema had discharged its reasonable duty of care owed to its visitors.

Off-Label use of drugs – compact legal update

Tue, 29 Jan 2013 11:36:49 GMT

This article provides the reader with a compact legal update on the regulatory and legal framework of the off-label-use of drugs in Germany. The off-label use of drugs is a wide-spread and important medical and legal phenomenon. The article examines when such off-label use is permitted by the applicable laws and further provides an overview of the legal aspects related to product liability, drug advertising, drug information and reimbursement of off-label use.

Off-label use of drugs – the legal framework

Fri, 27 Jul 2012 16:32:54 GMT

OFT writes to top online retailers urging them to change their website terms and conditions

Fri, 19 Oct 2012 09:33:52 GMT

The UK Office of Fair Trading (OFT) wrote to 62 of the top online retailers last week to point out that they need to change their website terms and conditions in order to avoid infringing consumer protection laws during the upcoming busy Christmas period.

OFTA Issues A Consultation Paper On Measures To Combat SPAM

Wed, 11 Jul 2012 04:00:00 GMT

The Office of the Telecommunications Authority (OFTA) issued a consultation paper on 25 June 2004 to invite public views on measures to combat unsolicited electronic messages (commonly referred to as "junk messages") including in the form of emails (SPAM), facsimiles, voice mails, short messaging services (SMS) and multi-media messaging services (MMS).

Ongoing Requirements for Iran Disclosure in U.S. Securities and Exchange Commission Filings

Wed, 27 Mar 2013 15:19:41 GMT

Pursuant to the Iran Threat Reduction and Syria Human Rights Act of 2012 (ITRA), any company that is required to file annual or quarterly reports under Section 13(a) of the Exchange Act must disclose in those reports whether, during the period covered by the subject report, it or any affiliate has knowingly engaged in certain sanctionable activities generally relating to Iran.

Operating a Hedge Fund in a Regulated Environment, The Review of Securities & Commodities Regulation — An Analysis of Current Laws and Regulations Affecting the Securities and Futures Industries

Fri, 01 Feb 2013 21:02:52 GMT

Oral Argument in the Supreme Court of the United States

Fri, 15 Jun 2012 19:30:04 GMT

Oral Argument in the Supreme Court: The Felt Necessities Of The Time

Thu, 21 Jun 2012 20:08:31 GMT

Ordinance No. 615/2012 from Regional Superintendency of Brazilian Federal Revenue at 7th Fiscal Region

Tue, 04 Sep 2012 20:59:39 GMT

The Regional Superintendency of Brazilian Federal Revenue at 7th Fiscal Region has issued Ordinance No. 615/2012. The ordinance, which was published in the Union Official Gazette on August 30, 2012, is valid only before the 7th Fiscal Region (States of Rio de Janeiro and Espírito Santo). It revokes Ordinance No. 357/2009, which contained the main rules and procedures necessary for Repetro habilitation.

Outbound Cross-Border Acquisitions

Thu, 02 May 2013 17:04:26 GMT

Overtime Lawsuits: Are You At Risk?

Tue, 21 May 2013 19:48:49 GMT

Partnership Classification Election Results in Worthless Security Loss

Thu, 02 May 2013 20:36:40 GMT

Partnership Splitters

Thu, 02 May 2013 20:39:18 GMT

Passive-Aggressive: IRS Releases Initial Guidance on FATCA Rules

Mon, 04 Feb 2013 21:46:17 GMT

Patent Thickets and other Patent Strategies in the light of the AstraZeneca judgment of the General Court of the European Union

Mon, 03 Sep 2012 04:00:00 GMT

Payments for creditors to vote for proposals held not to be bribes

Wed, 06 Jun 2012 10:36:34 GMT

A facilitation payment to encourage creditors to vote through the restructuring proposals of creditors’ debts has been held by the High Court not to be an illegal bribe. The court had regard to the fact that the offer of payment was made openly to all relevant creditors, none of whom were prevented from voting on the proposal. As such, where a creditor consented and received the facilitation payment, this was not contrary to the pari passu principle.

Pension and Insurance Convergence

Wed, 07 Nov 2012 18:49:05 GMT

As evidenced by recent pension de-risking transactions involving GM ($26 billion), Verizon ($7.5 billion) and Ford (potentially $18 billion), pension de-risking by extinguishing plan liabilities is emerging as a critical theme among defined benefit (pension) plan sponsor companies of all sizes.

Pension and Insurance Covergence

Tue, 10 Jul 2012 04:00:00 GMT

Pension de-risking is emerging as a critical theme among defined-benefit sponsor companies of all sizes. In addition, the US government has made a series of announcements expressing its support for lifetime income products within the context of defined contribution plans.

Pensions Legal Update

Tue, 26 Jun 2012 23:00:00 GMT

TUPE transfers: early retirement provisions; Capping pensionable pay increases: contractual agreement

Pensions Regulator Statement: FSDs and Insolvency

Tue, 31 Jul 2012 15:10:36 GMT

The Pensions Regulator has published a statement setting out its approach to the issuing of financial support directions ("FSDs") in insolvency situations.

Personal Data (Privacy) (Amendment) Ordinance 2012

Fri, 27 Jul 2012 04:31:24 GMT

The Personal Data (Privacy) (Amendment) Ordinance 2012 sets out a number of changes to the Personal Data (Privacy) Ordinance. This article provides an overview of some key changes and suggests some practical steps that data users may take in addressing the changes.

Personal Jurisdiction and Joinder in Mass Copyright Troll Litigation

Wed, 17 Oct 2012 16:43:55 GMT

Podcast: Another View from Mayer Brown – Member Status in LLPs

Thu, 31 Jan 2013 10:25:01 GMT

In this special episode, separate from our usual fortnightly employment law series, Nick Robertson and Claire Holland discuss the recent legal developments and issues arising around the employment status or otherwise of members of LLPs. This episode will look particularly at the following important cases: Kovats v. TFO Management LLP, Tiffin v. Lester Aldridge LLP, Clyde and Co LLP v. Van Winkelhof.

Podcast: Another View from Mayer Brown – With David Reade QC

Thu, 31 Jan 2013 10:38:36 GMT

In this special episode Nick is joined by David Reade QC of Littleton Chambers who will be discussing the cases of PennWell Publishing (UK) Limited v. Ornstein and Fairstar Heavy Transport NV v. Adkins and another which look at the increasingly important issue of an employer’s rights to databases and emails created by those working for them.

Podcast: Episode 1 - The View from Mayer Brown

Wed, 20 Mar 2013 10:46:35 GMT

In this episode, Rani Mina, a partner in Mayer Brown’s Litigation and Dispute Resolution practice, and Mark Stefanini discuss the latest developments related to the Civil Justice Reforms in England and Wales which are due to be implemented on 1 April 2013.

Podcast: Episode 1 – The View from Mayer Brown

Mon, 13 Aug 2012 04:00:00 GMT

Nick Robertson reviews recent legislative changes, and three Employment cases involving restrictive covenants, other substantial reason dismissals, and bribes.

Podcast: Episode 10 - The View from Mayer Brown

Wed, 30 Jan 2013 15:49:48 GMT

This week Nick Robertson explores three recent UK Employment cases which include dismissing a member of the British National Party, whether equal pay claims can be brought in Civil Courts rather than an Employment Tribunal, and settling a claim where there are several Respondents but the settlement is intended to apply to only one Respondent.

Podcast: Episode 11 - The View from Mayer Brown

Wed, 30 Jan 2013 15:55:10 GMT

Nick Robertson takes a look at three recent UK Employment cases. These include the Facebook case about comments made by a Christian preacher about gay marriage on his Facebook page, a case on short term contracts under TUPE, and an interesting decision on PHI policies and employment. We also have a copy of the excellent book Family Rights at Work by Robin Allen QC and Rachel Crasnow as a prize in our latest competition.

Podcast: Episode 12 - The View from Mayer Brown

Wed, 30 Jan 2013 15:57:02 GMT

In this festive episode Nick Robertson discusses three recent UK Employment cases. These include a Court of Appeal decision on the interpretation of an indemnity given to a senior employee, guidance from the Court of Appeal on unfair dismissal and the range of reasonable responses test and a case dealing with post-TUPE transfer re-organisation and rationalisation. And we ask for some help with our end of year podcast...

Podcast: Episode 13 - The View from Mayer Brown

Wed, 30 Jan 2013 15:58:35 GMT

To mark the end of the year, we have a run-down of a Top 10 of important cases decided during 2012. Listen to discover not only which cases we have included in the Top 10, but also which songs are most likely to appeal to employment lawyers and HR practitioners.

Podcast: Episode 14 - The View from Mayer Brown

Wed, 30 Jan 2013 16:00:38 GMT

Following on from our review of 2012 we are looking forward in this podcast to see what issues are likely to come up during 2013 and to offer thoughts on what steps if any employers should be taking now, in advance of those changes.

Podcast: Episode 15 - The View from Mayer Brown

Wed, 30 Jan 2013 16:02:15 GMT

In this episode Nick takes a look at three recent cases which include the widely covered Eweida case and the right to manifest religious belief at work, when an employee can reject a notice of termination by the employer, and the continuity of employment for re-hired staff. As well as a run-through of these cases Nick will also discuss some recent legislative developments.

Podcast: Episode 16 - The View from Mayer Brown

Fri, 22 Feb 2013 11:13:16 GMT

Nick Robertson reviews three recent cases which include establishing a fair dismissal where dishonesty is alleged, the Agency Workers Regulations and in particular the Swedish Derogation, and lastly a case dealing with the apportionment of responsibility for discrimination awards.

Podcast: Episode 17 - The View from Mayer Brown

Fri, 01 Mar 2013 12:15:24 GMT

Nick Robertson reviews two cases both of them connected with unfair dismissal and remedies and then highlighting a couple of surprising recent changes proposed by the government in the Enterprise and Regulatory Reform Bill currently going through parliament.

Podcast: Episode 18 - The View from Mayer Brown

Wed, 13 Mar 2013 10:26:19 GMT

This week Nick Robertson takes a look at when an employer can dismiss an employee in reliance on a current final warning, dismissing a sick employee taking into account absences caused by a disability, and a pitfall for employers consulting representatives before a TUPE transfer or a collective redundancy exercise.

Podcast: Episode 19 - The View from Mayer Brown

Fri, 22 Mar 2013 10:21:07 GMT

In this episode Nick explores three cases outlining what is expected from an employer if it faces pressure from a customer to dismiss one of its staff, helpful guidance on whether an employee can bring a claim based on the contents of a witness statement filed by the employer in earlier proceedings, and religious harassment and the importance of understanding the allegedly offensive words in context.

Podcast: Episode 2 - The View from Mayer Brown

Fri, 19 Apr 2013 10:54:11 GMT

In this episode, Rani is joined by Mark Stefanini to discuss the changes to CPR Part 36 which relates to offers to settle claims.

Podcast: Episode 2 – The View from Mayer Brown

Mon, 13 Aug 2012 04:00:00 GMT

Nick Robertson takes a look at three recent Employment cases involving holiday entitlement for workers who are ill on holiday, the extent of duties owed by an employee to the employer, reasonable adjustments for employees on sick leave and reviews recent legislative developments on collective redundancy rules.

Podcast: Episode 20 - The View from Mayer Brown

Thu, 04 Apr 2013 11:55:44 GMT

In this episode Nick Robertson takes a look at three recent cases which include an EAT decision on whether an individual who is obese was disabled, a redundancy selection procedure which relied very heavily on a competency assessment centre and whether that was a fair process, and finally a case where a Tribunal had to consider whether to allow the Claimant to use in evidence 39 hours of secret recordings she had made at work.

Podcast: Episode 22 - The View from Mayer Brown

Thu, 02 May 2013 14:55:51 GMT

In this episode Nick Robertson reviews three recent cases which include a disability discrimination claim which the Tribunal felt was weak enough to be struck out, a case which usefully summarises where we have got to on employees claiming English statutory employment rights whilst working abroad, and the rare but useful example of the Tribunal's powers of interim relief.

Podcast: Episode 23 - The View from Mayer Brown

Tue, 21 May 2013 13:31:46 GMT

In this episode Nick takes a look at three cases involving: guidance on collective redundancy consultation issues, the Commerzbank bonus case and finally an Employment Tribunal decision about an employee who was dismissed after bringing a discrimination claim against their previous employer.

Podcast: Episode 3 – The View from Mayer Brown

Mon, 13 Aug 2012 04:00:00 GMT

Nick Robertson takes a look at three recent Employment cases involving an employee’s rights in connection with a disciplinary hearing, the preparatory steps that employees can take to compete before they leave employment and a dismissal following an alleged breakdown in trust and confidence. He also reviews recent developments on fees for employment tribunals.

Podcast: Episode 4 - The View from Mayer Brown

Wed, 30 Jan 2013 15:30:56 GMT

Nick Robertson takes a look at three recent Employment cases involving the interplay between sick pay and holiday pay, a court of appeal decision on the definition of a worker, and the Employment Appeal Tribunal’s guidance on redundancies

Podcast: Episode 5 - The View from Mayer Brown

Wed, 30 Jan 2013 15:36:59 GMT

Nick Robertson takes a look at three recent Employment cases involving a constructive unfair dismissal claim as a result of a reorganisation, identifying which employees transfer under TUPE, and the circumstances in which tribunals should adopt a hands-off approach to evaluating an employer’s actions during redundancy.

Podcast: Episode 6 - The View from Mayer Brown

Wed, 30 Jan 2013 15:40:45 GMT

Nick Robertson takes a look at three recent Employment cases involving the test for constructive dismissal, the re-engagement of employees who have previously been dismissed and a case involving data protection and subject access rights.

Podcast: Episode 7 - The View from Mayer Brown

Wed, 30 Jan 2013 15:44:04 GMT

Nick Robertson reviews three recent employment cases involving the EAT decision on unfair dismissal, the hearing of costs applications against a Claimant when the EAT had already made findings against the Claimant, and the employment rights for senior individuals employed at a Limited Liability Partnership.

Podcast: Episode 8 - The View from Mayer Brown

Wed, 30 Jan 2013 15:45:41 GMT

Nick Robertson discusses three recent UK Employment cases. These include a High Court decision on the enforcement of restrictive covenants, international employment contracts, and a cautionary tale highlighting the limitations of the Case Management Discussion. There is also an exciting competition at the end of this week’s podcast!

Podcast: Episode 9 - The View from Mayer Brown

Wed, 30 Jan 2013 15:47:31 GMT

Nick Robertson discusses three recent UK Employment cases. These include the pitfalls of promotion part 2, TUPE and short-term business transfers and the trigger points for consultation on collective redundancy. Nick will also announce the winner of our first competition!

Podcast: Special Episode - Another View

Mon, 15 Apr 2013 04:00:00 GMT

In this special episode, Nick Robertson, head of Mayer Brown UK´s Employment group, is joined by Dr. Nicolas Rößler discussing five things employers need to know about German employment law.

Podcast: Special Episode - Another View

Thu, 23 May 2013 08:38:43 GMT

In this special episode, we have teamed up with the Practical Law Company to bring you a podcast on the Implications of the Supreme Court’s decision in Geys v Société Générale. This podcast features Nick Robertson, Shireen Shaikh of Practical Law Employment, David Reade QC of Littleton Chambers and Darren Heath of JurisProductions.

Podcast: Special Episode - Another View

Thu, 31 Jan 2013 10:40:34 GMT

In this special episode, Nick is joined by Fiona Hathorn, Managing Director of Women on Boards UK.

Ponzi Schemes: A Primer on the Recent Surge in Fraudulent Schemes

Tue, 20 Nov 2012 17:32:39 GMT

Practical Law Multi-Jurisdictional Guide 2012/13

Tue, 19 Feb 2013 05:00:00 GMT

Corporate Real Estate - Germany

Mon, 15 Oct 2012 15:13:48 GMT

There have been a number of significant developments over the past few years that greatly impact public companies and the proxy statements and annual reports they are required to prepare.

Preserving Your Pocket Book: Narrowing the Unilateral Power of a Coowner

Wed, 03 Apr 2013 19:14:18 GMT

President Obama Encourages Increased Private Investment in US Infrastructure

Fri, 29 Mar 2013 20:55:05 GMT

President Obama today announced a series of proposals to encourage greater private investment in US highways and other infrastructure assets. The president’s proposals include an increase from $15 billion to $19 billion in the amount of tax-exempt private activity bonds (PABs) that may be issued for surface transportation projects.

President Obama Orders Divestiture of Chinese Investment in US Wind Farms; Investor Mounts Unprecedented Legal Challenge

Fri, 05 Oct 2012 16:35:30 GMT

On September 12, 2012, a foreign investor took the unprecedented step of challenging in federal court the authority of the Committee on Foreign Investment in the United States (CFIUS) to block, as a threat to national security, the investor’s acquisition of a US business. The parties to the transaction had notified CFIUS of the transaction only after its closing.

Pre-Workout Agreements are Today’s Lender Essentials

Wed, 27 Feb 2013 21:49:55 GMT

Privacy Commissioner's Power to Grant Legal Assistance - Data Privacy Law Has Teeth and Can Bite (Part 3)

Thu, 27 Sep 2012 03:25:20 GMT

This legal update is part of our series discussing the effects of the Personal Data (Privacy) Amendment Ordinance 2012 when it comes into force in Hong Kong.

One of the key changes is that the Privacy Commissioner will soon be conferred with the power to grant legal assistance to any aggrieved person who wishes to seek compensation from a wrongdoer.

So beware: the Privacy Commissioner will flex his muscles to help establish some new case law.

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:38:49 GMT

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:47:07 GMT

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:24:50 GMT

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:21:23 GMT

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:37:11 GMT

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:23:46 GMT

Private Antitrust Litigation – United States

Fri, 15 Mar 2013 19:29:44 GMT

Private Virtue and Public Vice: FATCA Draft Intergovernmental Agreements Released (Co-Author)

Mon, 04 Feb 2013 21:03:23 GMT

Privatizations: Substantive and Procedural Implications Under EU Competition Law

Thu, 31 May 2012 16:18:25 GMT

Privatizations are political decisions that are generally based on financial or policy considerations. This article outlines the main implications of privatizations under EU competition law as well as issues relating to merger control, state aid and antitrust concerns.

Pro Bono Update Spring 2012

Tue, 19 Jun 2012 04:00:00 GMT

Product Liability for Medical Devices

Wed, 09 Jan 2013 15:08:06 GMT

Article looks at the German product liability scheme for the medical devices liability and discusses current issues related to the liability for implantable medical devices like pacemakers.

Product Liability for Pharmaceuticals in Germany

Wed, 06 Mar 2013 11:32:27 GMT

Author of Commentary Section

Production and Wholesale of Conventional Electricity in Germany Exempted from EU Public Procurement Rules

Tue, 19 Jun 2012 18:20:32 GMT

On 24 April 2012, the European Commission adopted a formal decision generally exempting from the EU procurement rules all public companies active in the production and wholesale of conventional electricity in Germany. The exemption covers all contracts for the purchase, construction, operation and maintenance of conventional power plants—e.g., gas and coal-fired ones—as well as related support activities such as combined heat and power plants (CHP).

Production Tax Credit for Wind Energy and Bonus Depreciation Extended, Cuts to Section 1603 Cash Grant Program Delayed

Thu, 09 May 2013 13:59:39 GMT

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “Act”), which was passed by both the Senate and House of Representatives on January 1, 2013.

Production Tax Credit for Wind Energy and Bonus Depreciation Extended, Cuts to Section 1603 Cash Grant Program Delayed

Thu, 03 Jan 2013 22:53:50 GMT

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “Act”), which was passed by both the Senate and House of Representatives on January 1, 2013.

Projects Newsletter

Tue, 16 Oct 2012 21:35:02 GMT

State of Espírito Santo Announces an Incentive Program to Attract Investments in Industry and Infrastructure

Promoting employees – key contractual considerations

Wed, 31 Oct 2012 10:05:11 GMT

There have been a number of key decisions made over the last few months which emphasise the care employers need to take when promoting employees and how this promotion is documented. Specifically, employers need to ensure that contracts are updated to reflect the new role and appropriate duties generally, but particular care should be taken in relation to restrictive covenants, as shown in the recent cases of Patsystems Holding Limited v Neilly and Safetynet Security Limited v Coppage.

Prop. 103 and Peter's Return to Never Never Land

Fri, 10 Aug 2012 16:05:25 GMT

Proposals to Amend PRC Trademark Law may Impact on Trademark Squatting

Wed, 09 Jan 2013 10:42:46 GMT

The PRC government recently published the latest revised proposals to amend its Trademark Law (“Proposal”), many of which already appeared in earlier drafts. Following our email update Light at the End of the Tunnel, this update examines the latest proposed amendments which may help to deal with trademark squatting or bad faith applications.

Proposed Amendments to the PRC Employment Contract Law - Impact on Labour Dispatch Companies (Part 1)

Tue, 20 Nov 2012 07:43:21 GMT

November 2012: Anticipated changes to PRC Employment Contract Law this month will affect labour dispatch companies, if approved. Changes are likely to be retroactive and will, therefore, impact all existing, as well as new, labour dispatch companies.

This is the first in our 2-part series addressing the changes to the PRC’s laws regarding labour dispatch companies. In this issue we consider the national-level legal changes to the Employment Contract Law and how this impacts labour dispatch companies. In part 2, we consider the regulation changes at regional level regarding labour dispatch in Chongqing, Shanghai, Tianjin, Jilin and Guangdong, as well as the practical issues that have been left unsolved by the draft amendment.

Proposed Amendments to the PRC Employment Contract Law - Impact on Labour Dispatch Companies (Part 2)

Fri, 23 Nov 2012 01:11:33 GMT

This is the final part in our 2-part series addressing the changes to the PRC's laws regarding labour dispatch companies. In part 1, we considered the national legal changes to the Employment Contract Law (ECL) and how they impact labour dispatch companies. In this part we, consider the recent changes made to local labour dispatch regulations in Chongqing, Jilin, Guangdong, Shanghai and Tianjin, and address some of the practical matters left unanswered by the draft ECL amendment.

Proposed CFTC Guidance Regarding the Cross-Border Application of US Swap Regulations

Mon, 02 Jul 2012 20:58:39 GMT

The US Commodity Futures Trading Commission has released its proposed interpretive guidance and policy statement (the “Proposed Guidance”) regarding the cross-border application of the swaps provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Proposed Changes in PRC Law Impacting on Fund Managers

Tue, 31 Jul 2012 10:18:27 GMT

This update describes two recent PRC legal developments: the amendments proposed to be made to the Securities Investment Funds Law and the possible introduction of a qualified domestic limited partner (QDLP) scheme in Shanghai.

Proposed Regulations Would Shut Down Guardian and Reverse Hybrid Structures

Fri, 01 Mar 2013 20:09:58 GMT

Proposed Revisions to Basel Securitisation Framework

Fri, 18 Jan 2013 18:43:59 GMT

In December 2012 the Basel Committee on Banking Supervision (BCBS) published a consultation paper (BCBS 236) proposing substantial changes to the methods banks use to calculate risk-based capital requirements related to securitisation exposures. The proposal’s stated objectives are to make securitisation capital requirements more prudent and risk-sensitive, to lessen reliance on external credit ratings, and to reduce "cliff effects" (in which small differences in credit quality or other parameters produce large differences in capital requirements). Comments on the proposal are due 15 March 2013.

Prospects for High Speed Rail in the US

Tue, 03 Jul 2012 20:16:06 GMT

Protest Jurisdiction – Another Turn of the Wheel

Mon, 04 Jun 2012 21:53:16 GMT

Providing Certainty on Death and Taxes: IRS Issues Initial Guidance for Sellers and Purchasers of Life Insurance Policies

Mon, 04 Feb 2013 22:02:43 GMT

Provisional Liquidations & the Taxation of Fees

Fri, 29 Jun 2012 06:48:57 GMT

DID YOU KNOW...that interim fees incurred by provisional liquidators (including agents' fees), previously thought to have been payable from the funds of an insolvent estate without formal taxation, are now required to be taxed.

Public Accounting Oversight Board Pronouncements Regarding Communications with Audit Committees and PCAOB Inspection Information

Mon, 27 Aug 2012 13:43:09 GMT

The Public Accounting Oversight Board (PCAOB) has recently adopted Auditing Standard No. 16, Communications with Audit Committees, which still needs to be approved by the Securities and Exchange Commission before it becomes effective.

Putting Section 363 Asset Sales to Work (with Lisa Schweitzer)

Tue, 12 Mar 2013 20:32:20 GMT

Questions, Answers and Prepared Remarks

Thu, 21 Jun 2012 20:13:25 GMT

Quick, Easy and Wrong: Congress Considers Legislation to Curtail Energy Trading and the Use of Off-Shore Blockers

Mon, 04 Feb 2013 22:13:15 GMT

Railway Industry in Asia

Tue, 16 Apr 2013 09:27:34 GMT

Mayer Brown JSM has an active and varied railway industry client base. We offer a multilingual team with significant experience in a wide range of legal disciplines relevant to the railway industry. We bring the required industry knowledge and resources to advise clients on their railway-related activities around Asia.

Rare Victory for Corporate Taxpayers Provides Insight to In-House Tax Departments Regarding Employee Privacy and Privileged Documents

Wed, 10 Oct 2012 04:00:00 GMT

In a rare victory for corporate taxpayers involved in IRS summons enforcement proceedings, the US District Court for the Northern District of Ohio issued three rulings on August 15, 2012, that recognize the privileged status of certain types of corporate taxpayer records when those records are sought by the US Internal Revenue Service as part of an audit.

Real Estate 2013: Legal developments you need to know

Wed, 16 Jan 2013 16:45:57 GMT

This is a short guide to the key legal developments for the real estate sector in 2013.

The developments include new planning rules, information on the review of communications legislation, details of the CRC Energy Efficiency Scheme and the Green Deal, changes to the taxation of high value residential properties, forthcoming developments regarding rights to light and recent changes to empty property rates.

Real Estate Newsletter - Autumn 2012

Wed, 26 Sep 2012 04:00:00 GMT

Recent Developments and Decisions

Real Estate Newsletter - Spring 2013

Fri, 26 Apr 2013 17:26:15 GMT

Recent Developments and Decisions

Real Estate Newsletter - Summer 2012

Fri, 22 Jun 2012 14:15:55 GMT

Recent Developments and Decisions

Real Estate Newsletter - Winter 2012

Wed, 19 Dec 2012 23:00:00 GMT

Recent Developments and Decisions

Rebels At The Supreme Court

Thu, 21 Jun 2012 20:04:28 GMT

Recent Developments in Antitrust for M&A Lawyers

Thu, 26 Jul 2012 15:59:44 GMT

Recent Updates to AIA and PTO Fee Rules Mark Significant Changes for Post-Grant Framework

Mon, 28 Jan 2013 18:44:08 GMT

Recent legislative and administrative activities have further changed, and improved on, the implementation of the patent laws under the Leahy-Smith America Invents Act (AIA).

Recent US Department of Defense Solicitation for Up to $7 Billion of Renewable or Alternative Energy Utilizing Power Purchase Agreements

Mon, 13 Aug 2012 22:18:12 GMT

Recent US Developments in Mobile Application Privacy

Tue, 02 Apr 2013 18:06:06 GMT

The amount and types of personal information available on mobile devices, combined with the unique privacy concerns raised by mobile technology, has resulted in mobile privacy emerging as one of the key privacy topics of the year.

Recognizing and Managing Privacy Issues in Outsourcing (Including Offshore)

Fri, 19 Oct 2012 20:06:39 GMT

Reconciling the "Irreconcilable" - 1(b)(1)-7(d)(1) Conflict; Understanding the "All Costs" Requirements to Mean "All Costs Shared by Arm's-Length Parties": Xilinx v, Comr. Revisited

Mon, 04 Mar 2013 23:14:52 GMT

Record Fines Imposed in Chinese Maotai Liquor RPM Cases

Tue, 05 Mar 2013 06:48:59 GMT

On 22 February 2013, the National Development and Reform Commission (NDRC) imposed record penalties under China's Anti-Monopoly Law (AML) of RMB 449 million on two liquor companies for resale price maintenance (RPM) practices.

Reform of Prospectus Law and no end in sight: VO (EU) No. 862/2012 and recent ESMA papers

Mon, 11 Mar 2013 04:00:00 GMT

Regulation developments after BP oil spill

Tue, 31 Jul 2012 20:00:12 GMT

Regulations on Licensing, Organization and Operation of Commercial Banks

Tue, 19 Jun 2012 07:33:04 GMT

The State Bank of Vietnam ("SBV") issued Circular 40/2011/TT-NHNN on December 15, 2011 ("Circular 40"). The Circular regulates the process of licensing, as well as the organization and operation of commercial banks, branches of foreign banks, and representative offices of foreign credit institutions and other foreign banking operations.

Regulator consultation on maintaining contributions to DC schemes

Mon, 01 Oct 2012 23:00:00 GMT

The Pensions Regulator has issued a consultation paper on changes to its codes of practice on reporting late payment of contributions to defined contribution pension schemes and new accompanying guidance.

Re-launch of Securitisation in China

Fri, 22 Jun 2012 07:35:14 GMT

The wait is finally over for Chinese financial institutions and the Chinese securitisation industry. The official guidelines for a restart to securitisation mentioned in our March 2012 alert "Expected re-launch of securitisation of China" have now been issued.

Relaxation of the Requirement to File for Insolvency Extended Permanently

Tue, 20 Nov 2012 23:00:00 GMT

The German Parliament has, in response to the ongoing crisis in the financial markets, extended a legislation, which originally came into force on October 18, 2008, amending, inter alia, parts of the German Insolvency Code.

Reminder: annual reporting of employee share awards in UK

Fri, 17 May 2013 12:58:26 GMT

Companies that make share-based awards (such as share or stock options, LTIP awards or RSUs) to employees in the UK must file an annual report with the UK tax authority, HM Revenue & Customs (HMRC).

Research and Development in the Oil & Gas Industry in Brazil

Wed, 08 May 2013 04:00:00 GMT

As exploration and production (E&P) activities advance in the oil & gas industry, the host countries are challenged to create new, beneficial and efficient regulations that will ensure the development of a strong local industry.

Responding to Allegations of Corporate Misconduct

Tue, 20 Nov 2012 17:40:14 GMT

Responding to Governmental Investigations

Tue, 20 Nov 2012 19:55:40 GMT

Restructuring of Applicable High Yield Discount Obligations After Passage of the American Recovery and Reinvestment Act of 2009

Mon, 04 Feb 2013 22:03:51 GMT

Rethink ‘Personal’: AT&T and the Grammar Clamor at the Court

Tue, 11 Dec 2012 21:22:59 GMT

Revised Draft Equator Principles (EP III) Released for Stakeholder Consultation and Public Comment

Mon, 20 Aug 2012 13:53:17 GMT

On August 13, 2012, following the recent conclusion of a strategic review launched in October 2010, the Equator Principles Association (EPA) released the latest draft of the Equator Principles (EP III), and related FAQ, for stakeholder consultation and public comment as phase II in the process to revise the Equator Principles.

Revisiting Section 162(m) and the Performance-Based Compensation Exception After Revenue Ruling 2008-13

Tue, 14 Aug 2012 16:29:46 GMT

Rights in data – Football Dataco case goes to UK Court of Appeal

Tue, 05 Mar 2013 15:58:15 GMT

The long-running Football Dataco case, relating to rights in data and infringement on the internet, has now reached the UK Court of Appeal. The judgment is good news, not just for those exploiting information about sports matches (which has given rise to several cases already) but also those with valuable scientific and other databases. It also sheds light on when and where web-based infringements take place.

Rights to light: important reforms proposed by the Law Commission

Thu, 21 Feb 2013 10:32:23 GMT

The Law Commission published its eagerly awaited Consultation Paper containing its recommendations for reforming the law on rights to light early this week.

The consultation is vitally important to landowners, developers and occupiers seeking to defend right to light claims.

Risk Analysis According to IDW PS 980: Determination of Requirements for a Compliance Management System

Tue, 02 Oct 2012 04:00:00 GMT

RQFII Rules: New Ways to Use Offshore RMB - Part II

Tue, 31 Jul 2012 07:06:00 GMT

Details of the long awaited mini-QFII or RQFII scheme were finally announced on 16 December 2011. The new rules permit Hong Kong subsidiaries of fund management and securities companies in the People’s Republic of China ("PRC") to apply for quotas to use renminbi ("RMB") funds raised in Hong Kong to invest in the PRC securities market. The first successful batch of applicants announced their approvals on 22 December 2011.

Russia Prepares to Join the WTO

Mon, 23 Jul 2012 20:40:50 GMT

Following the parliamentary vote on the WTO Accession Protocol, on 21 July 2012, Russian President Vladimir Putin signed the ratification bill and submitted it to the WTO Secretariat. As a result, Russia will become a WTO Member on 22 August 2012.

Russia Set to Introduce Recycling Fees for Cars

Mon, 25 Jun 2012 18:54:22 GMT

On 22 June 2012, the Russian State Duma adopted in the first reading draft bill No. 61272-6 amending Federal Law on Production and Consumption Waste that, in part, concerns the recycling of vehicles. These amendments introduce a mandatory car recycling scheme that includes a recycling fee imposed on the local production and import of used and new cars. The scheme, which will likely be expanded by the second reading, currently covers passenger cars, light commercial vehicles (LCVs), trucks and buses.

SAFE Issues Circulars to Regulate Forex Controls over Foreign Invested Partnerships and Direct Investments

Wed, 19 Dec 2012 08:38:54 GMT

On 19 November 2012, the State Administration of Foreign Exchange (SAFE) issued two new circulars: (i) Circular on Relevant Issues Regarding Administration of Foreign Exchange for Foreign Invested Partnership (Circular 58); and (ii) Circular on Further Adjustments to Measures for the Administration of Foreign Exchange for Direct Investment (Circular 59). These circulars, both of which came into effect on 17 December 2012, were issued in order to standardise and simplify foreign exchange (Forex) related administrative approvals, and to downscale pre-approvals for routine operations.

SAFE Issues New Rules to Encourage Private Outbound Investment

Fri, 29 Jun 2012 09:46:03 GMT

In order to boost outbound investments by PRC private enterprises, the PRC State Administration of Foreign Exchange (the "SAFE") issued the Notice of State Administration of Foreign Exchange on Issues concerning Foreign Exchange Control in relation to Encouraging and Guiding the Healthy Development of Private Investments (Circular No.33 of 2012) (the "Notice") which shall come into effect on 1 July 2012.

Safeguarding Your IP, Part II

Fri, 21 Sep 2012 15:34:42 GMT

Safeguarding Your IP: Use of the International Trade Commission's Section 337

Fri, 21 Sep 2012 15:37:29 GMT

Sale-Leaseback Offers Compelling Alternative

Thu, 14 Mar 2013 16:03:17 GMT

Sale-Leaseback Transactions in Today's Private Equity Environment (Co-author)

Thu, 14 Mar 2013 16:03:38 GMT

Sales Income Derived Through a Partnership: When Is It Subpart F Income?

Thu, 02 May 2013 16:49:51 GMT

SAO PAULO - ICMS - Special Installment Program (PEP)

Thu, 03 Jan 2013 19:24:35 GMT

By means of Decree nº 58.811/12, published in the Official State Gazette of 28/12/2012, the State of Sao Paulo implemented the Special Installment Program (PEP) for ICMS tax debts

Saudi arbitration law takes a big step forward

Mon, 09 Jul 2012 16:59:49 GMT

Today, 9 July, Saudi Arabia, the largest economy in the Middle East, takes a big step forward with its new Arbitration Law consisting of 58 new articles. Broadly in line with the UNCITRAL Model Law, it replaces its 1983 predecessor and brings Saudi Arabia in line with other countries in the region. The key changes set out below are significant improvements to arbitration in the Kingdom.

SEC Adopts Compensation Committee Listing Standards and Compensation Consultant Disclosure Rules

Thu, 28 Jun 2012 13:59:09 GMT

The U.S. Securities and Exchange Commission (SEC) has adopted its “Listing Standards for Compensation Committees,” implementing Section 952 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act), which added Section 10C to the Securities Exchange Act of 1934.

SEC Adopts Dodd-Frank Resource Extraction Payments Disclosure Rules

Tue, 04 Sep 2012 18:14:44 GMT

Under new disclosure rules adopted by the US Securities and Exchange Commission, oil, natural gas and mining companies that file annual reports with the SEC must disclose on a new Form SD each year certain information on payments they make to the US government and foreign governments for the purpose of the commercial development of oil, natural gas or minerals. Affected companies will be required to comply with the new rules with respect to their fiscal years ending after September 30, 2013.

SEC Adopts Final Conflict Minerals Disclosure Rule

Mon, 15 Oct 2012 15:53:18 GMT

Laura Richman, Sydney Mintzer, Michael Hermsen and David Schuette examine the SEC's new conflicts mineral rule and the three-step process that it requires companies to follow to determine whether, and if so, how, they must make conflict minerals disclosures.

SEC Approves Compensation Committee Listing Standards

Wed, 30 Jan 2013 16:26:17 GMT

The U.S. Securities and Exchange Commission has approved the compensation committee listing standards contemplated by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

SEC Increases Filing Fees

Thu, 06 Sep 2012 16:13:57 GMT

The Securities and Exchange Commission has announced an increase in the filing fees to be paid by public companies and other issuers effective October 1, 2012, the first day of the government’s fiscal year. The filing fee rate will increase to $136.40 per million from the current rate of $114.60 per million for:

SEC Proposes to Eliminate General Solicitation and General Advertising Prohibitions from Certain Private Placements

Fri, 31 Aug 2012 19:53:23 GMT

The US Securities and Exchange Commission has proposed eliminating the prohibition against general solicitation and general advertising in offerings of securities pursuant to Rule 506 of Regulation D and Rule 144A. If adopted as proposed, Rule 506 will contain two alternative methods of compliance.

SEC Provides Regulation FD Social Media Guidance

Wed, 10 Apr 2013 20:50:11 GMT

On April 2, 2013, the U.S. Securities and Exchange Commission issued a Report of Investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934, providing guidance under Regulation FD on the use of social media to disclose material, non-public information.

Sec. 337 Proceedings at the International Trade Commission Open for Use by Foreign Companies

Fri, 21 Sep 2012 15:31:48 GMT

Second Circuit Court of Appeals Decision Highlights Potential Liability of Advisers to Related Investors in Securitizations

Wed, 15 Aug 2012 17:41:56 GMT

In Bayerische Landesbank, New York Branch and Bayerische Landesbank, plaintiffs-appellants v. Aladdin Capital Management LLC, defendant-appellee,¹ the US Court of Appeals for the Second Circuit considered whether the manager of a synthetic collateralized debt obligation transaction (CDO) owed any direct obligations or duties under the related portfolio management agreement (PMA) to the plaintiffs, as investors in the CDO. The defendant was the manager under the PMA.

Second Circuit Permits Discovery of Overseas Assets, Creates Conflict with Seventh Circuit

Tue, 11 Sep 2012 13:47:50 GMT

In EM Ltd. v. Republic of Argentina, No. 11-4065-cv(L), the US Court of Appeals for the Second Circuit addresses questions of sovereign immunity and third-party discovery that are of interest to the international banking community.

Section 199: A Rose With Thorns

Wed, 03 Oct 2012 16:10:42 GMT

Section 894(c) Final Regs. Simplify Treaty-Benefit Rules for Income Paid to 'Fiscally Transparent Entities'

Fri, 01 Mar 2013 20:16:51 GMT

Section 965: Temporary Dividends Received Deduction

Thu, 02 May 2013 17:02:02 GMT

Secured Transactions—To Participate or Not to Participate: A Secured Party’s Question

Thu, 11 Oct 2012 18:58:31 GMT

Secured lenders are often obliged to become actively involved in the bankruptcy proceedings of their borrowers, as well as in related disputes concerning the propriety of the lenders’ secured claims and the treatment of those claims in the borrowers’ reorganization or liquidation.

Securing Private Information in Service Provider Arrangements: New Developments Shape Emerging US Privacy Standards

Fri, 19 Oct 2012 20:11:05 GMT

Securing that Slippery Worthless Stock Deduction

Mon, 04 Mar 2013 23:13:40 GMT

Securities Law Aspects of Employee Benefit Plans

Mon, 02 Jul 2012 21:09:12 GMT

Securities Practice and Electronic Technology

Mon, 08 Oct 2012 15:28:44 GMT

Securities Prospectuses related to Renewable Energy Projects

Mon, 16 Jul 2012 15:41:41 GMT

SEHK Consults on Listing Rules Changes Resulting from the New Inside Information Disclosure Regime

Thu, 13 Sep 2012 07:42:44 GMT

As explained in our two previous Legal Updates, "New Statutory Price Sensitive Information Disclosure Regime to Take Effect on 1 January 2013" and "A Quick Look at the New SFC Guidelines on Disclosure of Inside Information", the new statutory price sensitive/inside information disclosure regime (New Disclosure Regime) will become effective on 1 January 2013.

Seventh Circuit Court of Appeals Rejects Justice Department’s “Gross Trebling” Approach in Calculating Damages in False Claims Act Cases

Mon, 29 Apr 2013 15:03:25 GMT

The Seventh Circuit Court of Appeals’ decision in United States v. Anchor Mortgage Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013), provides additional guidance on the appropriate measure of damages under the False Claims Act (FCA).

Severance Taxes and the Commerce Clause: Commonwealth Edison v. Montana

Tue, 11 Sep 2012 15:22:58 GMT

SFC's Powers to Fight Market Misconduct Returns to the Spotlight

Thu, 21 Jun 2012 03:21:57 GMT

The ability of the Securities & Futures Commission (SFC) to obtain relief from the Courts for market misconduct, particularly against foreign entities, has returned to the spotlight as a result of Tiger Asia's appeal of the Court of Appeal's decision and a recent decision regarding service out of the jurisdiction in insider dealing proceedings.

Shale gas: the UK announces tax incentives

Fri, 19 Oct 2012 09:57:14 GMT

On 8 October 2012, the Chancellor of the Exchequer, George Osborne, announced that the British Government will soon be consulting on “a generous new tax regime for shale so that Britain is not left behind as gas prices tumble on the other side of the Atlantic”.

Shale Gas: The UK Announces Tax Incentives

Thu, 09 May 2013 14:00:54 GMT

On 8 October 2012, the Chancellor of the Exchequer, George Osborne, announced that the British Government will soon be consulting on “a generous new tax regime for shale so that Britain is not left behind as gas prices tumble on the other side of the Atlantic.”

Shanghai Launches New RQFLP Programme

Mon, 14 Jan 2013 08:19:28 GMT

Shanghai quietly launched a new pilot programme, RMB Qualified Foreign Limited Partner (RQFLP), towards the end of 2012 to permit qualified foreign fund managers and asset management companies to raise offshore RMB from offshore investors to invest in RMB private equity funds set up in Shanghai.

The RQFLP programme, as part of the Chinese government's general efforts to promote the internationalisation of the RMB, will assist in increasing the channels for offshore RMB to flow back into China and in increasing investment opportunities for investors holding RMB offshore. It also has the potential to provide an additional capital source for private equity funds in China although, in the near term, the impact of the programme on the private equity industry in China may be limited.

Shaping Tomorrow´s Marketplace: Investment Philosophies for Emerging Markets and a Semi-Globalised World

Mon, 30 Jul 2012 10:33:52 GMT

Ship Arrest Jurisdiction Clarified: The Decurion

Thu, 21 Jun 2012 07:20:52 GMT

When can a ship be fixed with claims relating to other vessels in the same fleet? In The Decurion the Hong Kong Admiralty Court interpreted the statutory expression "in possession or in control" of a ship. The decision will be of wider interest because the statutory provision in question is in the same terms as s.21 of the UK's Senior Courts Act 1981, a source shared with other common law jurisdictions.

Short Selling and Credit Default Swaps - New EU Rules Enter into Force on 1 November 2012

Tue, 30 Oct 2012 00:00:00 GMT

The provisions of Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps ("the Regulation") will come into force on 1 November 2012.

Should an American subsidiary of a Japanese corporation be allowed to invoke the FCN treaty rights of its parent under Article VII (1) as an affirmative defense to Title VII employment discrimination claims?

Tue, 15 Jan 2013 17:51:58 GMT

Should Commission Be Included In Calculating 'Wages' For Entitlements Under The Employment Ordinance?

Wed, 27 Jun 2012 04:00:00 GMT

The recent Court of First Instance decision of Laing & Others v Lisbeth Enterprises Limited trading as Phillip Wain International (Labour Tribunal Appeal No. 133/2003) has confirmed that "wages" for the purposes of calculating annual leave pay and statutory holiday pay includes contractual commission.

Significant Changes Proposed to US Department of Commerce’s Methodology On Market-Economy Purchases in NME Cases

Thu, 05 Jul 2012 17:09:24 GMT

The US Department of Commerce has published a notice in the Federal Register proposing to dramatically modify its regulation on the treatment of market-economy purchases in antidumping proceedings involving non-market economy countries.

Significant Judicial Developments

Thu, 21 Jun 2012 20:02:45 GMT

Simplification of Approved Share Schemes

Wed, 24 Apr 2013 09:45:21 GMT

In March 2012, the Office of Tax Simplification made various recommendations to the Government in relation to the simplification of approved (tax-advantaged) employee share schemes. HMRC conducted a consultation process on its response to these recommendations over the summer of 2012, and has also consulted on draft legislation on the implementation of some of the recommendations.

Sixteen-Year Battle Saves Pro Bono Defendant from Death Penalty

Thu, 14 Feb 2013 05:00:00 GMT

On February 6, 2013, after an almost 16-year representation, Mayer Brown lawyers secured a plea agreement with the State of Georgia that avoids the death penalty for a mentally retarded defendant who had been convicted for a double murder in 1988.

Snapshot: the Ethiopian Mining Industry

Wed, 04 Jul 2012 04:00:00 GMT

Ethiopia has many of the essential elements required for success as a mining nation. It is unquestionably resource rich, with a vast breadth of undeveloped minerals and resources, including significant gold and tantalum deposits. Positioned in the Horn of Africa, it is also strategically located for foreign investment from Europe, Asia and Australia. Finally, together with a stable political environment and a recently revamped mining code it is highly attractive to investors. Indeed, its mining code has been designed to promote transparency and fair investment in Ethiopia and is similar to the best practices of well-known mining countries. Public enterprises continue to dominate Ethiopia’s developing economy, but the potential for private investment remains largely untapped.

So what does a "shareholder", "member" and "holder" of shares really mean?

Tue, 05 Feb 2013 11:48:57 GMT

Many English law governed agreements invoke Companies Act 2006 ("CA06") definitions for standard terms such as "shareholder". A recent decision confirms that only those persons whose names appear in a company's share register qualify as a "shareholder", "member" or "holder" of shares (the terms are interchangeable) for CA06 purposes.

Software copyright – new developments in the UK

Fri, 01 Mar 2013 10:11:15 GMT

The UK Courts have recently decided a high-profile software copyright case, following clarification on some key issues from the European Court. The SAS Institute case examines whether software programming languages, data file formats and other program elements are protected by copyright.

Sometimes a Vague Notion: The IRS Proposes to Update the Tax Rules for Swaps and Futures (Co-Author)

Mon, 04 Feb 2013 21:22:18 GMT

Sovereign Immunity Analysis in Subscription Credit Facilities

Mon, 26 Nov 2012 15:40:13 GMT

Subscription credit facilities have become a popular form of financing for private equity and real estate funds.

Special Committee on Standard Working Hours to be Established

Fri, 25 Jan 2013 09:27:46 GMT

This legal update describes the latest development on legislating for Standard Working Hours in Hong Kong, in particular, the "Policy Study on Standard Working Hours" published by the Labour Department in June 2012.

Special Issues in International Mergers & Acquisitions: A Buyer's Perspective

Thu, 02 May 2013 16:58:15 GMT

Special Purpose Vehicles as an Instrument in Coping with Banking Crises

Mon, 22 Oct 2012 04:00:00 GMT

Spin-Offs: Key Considerations for Directors

Mon, 14 Jan 2013 18:05:17 GMT

Squatting in a residential building now a criminal offence

Mon, 03 Sep 2012 17:10:13 GMT

Squatting in a residential building in England and Wales became a criminal offence for the first time on Saturday 1 September.

Standard Agreement for Credit Portfolio Trading in Germany

Wed, 06 Mar 2013 05:00:00 GMT

The trading of credit portfolios—such as non-performing and non-strategic loan portfolios—on the secondary market in Germany essentially began in 2003.

Standard Confidentiality Agreement for German Loan Transactions

Thu, 07 Mar 2013 05:00:00 GMT

There is a great demand for bank selling and purchasing standards structured for the German loan market.

Standard Data Sheet for German Loan Transactions

Mon, 08 Apr 2013 17:14:58 GMT

When investors evaluate a loan portfolio, it is crucial that they collect appropriate and accurate data. However, knowing exactly what to collect can be difficult.

Standards: Is Failure to License on FRAND Terms a Breach of EU Competition Rules?

Thu, 31 May 2012 16:08:57 GMT

The EU Commissioner for Competition has repeatedly stated that the antitrust process would be used to ensure that once companies hold standard essential patents they must give effective access on fair, reasonable and nondiscriminatory terms. The application of EU competition law to licensing of intellectual property rights that are incorporated into technical standards has been focused to date on the application of Article 102 of the Treaty on the Functioning of the European Union. However, this article will deal with the licensing issue under the EU rules relating to anticompetitive agreements, namely Article 101.

State pension reform – the end of contracting-out

Fri, 18 Jan 2013 15:01:50 GMT

On 14 January 2013, the Government published a White Paper setting out detailed proposals for the introduction of a single-tier state pension including, as a result, proposals for the abolition of contracting-out.

Statutory Default Interest does not apply to a Balance of a Delayed Operating Costs Reconciliation

Mon, 11 Mar 2013 04:00:00 GMT

Straight Bills Of Lading - The Rafaela S

Wed, 18 Jul 2012 04:00:00 GMT

Over the years straight bills of lading have given rise to a number of difficulties for both cargo interests and carriers. This has largely been due to the lack of clarity concerning the rights of the holders of such bills, the carriers' liability in respect of delivery, and the applicability of the Hague-Visby Rules.

Strands of Privacy: Privacy Rights and DNA Sample Collection from Federal Criminal Defendants Charged with Felonies

Wed, 12 Dec 2012 17:07:13 GMT

Structuring Israeli/U.S. Intercompany Relationships to Minimize (Eliminate) U.S. Taxes

Fri, 01 Mar 2013 20:01:13 GMT

Subprime Shakeout: Efficient Market or Looming Crisis? (with Martin N. Flics and Brian E. Greer)

Tue, 12 Mar 2013 20:32:41 GMT

Successful Partnering Between Inside and Outside Counsel

Thu, 26 Jul 2012 15:55:48 GMT

Successor Liability Applies to Claims Under the Fair Labor Standards Act According to Seventh Circuit Court of Appeals

Thu, 04 Apr 2013 21:42:38 GMT

In a recent decision, the US Court of Appeals for the Seventh Circuit has upheld the imposition of successor liability for FLSA claims on a company that had acquired the assets of an insolvent predecessor at an auction conducted by a state law receiver.

Summary of Gross Floor Area Concessions in Private Developments

Wed, 26 Sep 2012 10:51:58 GMT

The Buildings Department (BD) has introduced a package of measures to promote a quality and sustainable built environment. These measures include, amongst other things, Gross Floor Area (GFA) concessions.

Supreme Court Bypasses Airbag Preemption Case

Mon, 25 Jun 2012 15:51:43 GMT

Legal Opinion Letter, Washington Legal Foundation

Supreme Court Preview

Mon, 24 Sep 2012 04:00:00 GMT

Litigation & Dispute Resolution partner Dan Himmelfarb featured as lead-off panelist.

Supreme Court Rules: The 1990 Revisions

Thu, 21 Jun 2012 20:03:33 GMT

Sure, My Project Has Swaps (In Fact, My Lenders Required These Hedges), But Why Does That Make It A Commodity Pool and Why Am I Now A Commodity Pool Operator?

Wed, 15 Aug 2012 20:03:47 GMT

Among the more significant amendments made by Title VII of the Dodd-Frank Act to the Commodity Exchange Act are Section 721(a)(5), which added a definition of “commodity pool,” and Section 721(a)(6), which expanded the scope of the term “commodity pool operator” to include those that invest in non-security-based swaps.

Survey Results: What to Expect from the Consumer Financial Protection Bureau

Fri, 22 Jun 2012 20:55:52 GMT

The Consumer Financial Protection Bureau (CFPB) was created by the Dodd-Frank Act with a mandate to protect consumers through the supervision and regulation of depository institutions and other providers of consumer financial products and services. Since its beginnings in July 2011, the agency has rapidly grown to a staff of more than 750 and an annual budget of well over $300 million. Despite this rapid ramp-up, the CFPB has not yet taken any public enforcement actions, and has left the financial community wondering what to expect.

TAC Recap: CFTC's Technology Advisory Committee

Thu, 08 Nov 2012 17:44:57 GMT

A summary and commentary of the CFTC Technology Advisory Committee meeting, October 30, 2012.

Take a Vacation From Smartphones and Overtime Laws

Tue, 21 May 2013 19:55:15 GMT

Tax and Estate Planning Effects of the American Taxpayer Relief Act of 2012

Fri, 18 Jan 2013 22:35:39 GMT

The recently enacted American Taxpayer Relief Act of 2012 contains a number of important changes to the federal income, estate, gift and generation-skipping transfer tax laws.

Tax Considerations in Doing Business in India, Korea and Thailand

Thu, 02 May 2013 16:59:33 GMT

Taxpayers Should Consider the Benefits of Rescission Well Ahead of Year End

Mon, 04 Mar 2013 23:13:54 GMT

TCPA Case Concludes that Consent Does Not Necessarily Mean Consent

Mon, 24 Sep 2012 04:00:00 GMT

The US District Court for the Northern District of Illinois recently granted summary judgment to a plaintiff in a putative class action under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, on the question of whether she provided express consent to receive calls from an automatic telephone dialing system, denying the defendant’s attempt to end the suit.

Temporary Regulations Provide Rules for Allocating a Partnership’s Foreign Taxes

Fri, 01 Mar 2013 20:11:04 GMT

Tenfold increase in the number of data security breaches reported in the UK since 2007 – 2008

Thu, 06 Sep 2012 11:20:53 GMT

The UK Information Commissioner's Office (ICO) has recently released figures, published by the BBC, which reveal that there are now ten times as many personal data security breaches reported to it compared to five years ago, with 821 data breaches reported between 2011 and 2012 but only 79 reports made between 2007 and 2008.

The ‘Cat’s Paw’ Theory in Illinois after Staub

Tue, 30 Oct 2012 19:20:24 GMT

The America Invents Act Post-Issuance Patent Office Proceedings

Tue, 26 Mar 2013 04:00:00 GMT

The Art of Appellate Advocacy, Interview of Steve Shapiro

Thu, 21 Jun 2012 20:00:14 GMT

The Autumn Statement: Bad News for Business – The CRC ("Carbon Reduction Commitment") Gets a Reprieve

Wed, 05 Dec 2012 13:53:27 GMT

Contrary to expectation within the business community, the Chancellor has announced in his Autumn Statement that the CRC has been granted a reprieve. At the time of the Budget in the spring, he said that the CRC would be abolished unless ways could be found to simplify the scheme which resulted in significant savings for business.

The Benefit of the Final IRS Regulation on the Recognition of Gain From Foreign Subsidiaries

Mon, 04 Mar 2013 23:10:52 GMT

The Canadian Protocol and Limited Liability Companies

Thu, 02 May 2013 16:54:07 GMT

The Continuing US Trend to Criminalize Customs Violations

Tue, 30 Oct 2012 04:00:00 GMT

On October 17, 2012, the US Department of Justice (DOJ) filed a criminal indictment in a Georgia federal district court, accusing nine individual and corporate defendants of operating a fraudulent scheme to evade more than $20 million in antidumping duties imposed on Chinese imports.

The Edge Act Confers Federal Jurisdiction According to US District Court for the Southern District of New York

Mon, 18 Mar 2013 21:57:46 GMT

A recent opinion from the Southern District of New York provides a reminder that the Edge Act (12 U.S.C. § 632) permits federally chartered banks to remove many cases to federal court. In Dexia SA/NV v. Bear Stearns, Judge Rakoff held that the Edge Act established federal jurisdiction over a case involving residential mortgage-backed securities (RMBS) because a handful of the underlying mortgage loans were on property located in the Virgin Islands.

The Emergence of “As-A-Service” Offerings That Are Not Cloud Services

Thu, 20 Dec 2012 17:18:36 GMT

There is a growing category of outsourcing services that we are encountering that have many of the characteristics of cloud services but are, in fact, not cloud services.

The End of Deferral as We Know It: New Law Prohibits Deferral of Compensation Paid to U.S. Managers by Off-Shore Hedge Funds (Co-Author)

Mon, 04 Feb 2013 22:11:53 GMT

The Equal Access to Justice Act in the Federal Courts

Mon, 25 Jun 2012 15:54:27 GMT

Note

The EU Draft Directive on Recovery and Resolution and its Implications on Refinancing of Banks

Mon, 22 Oct 2012 04:00:00 GMT

The Exceptional Importance of Getting US International Tax Compliance Right

Mon, 04 Mar 2013 23:12:53 GMT

The Fabulous New 'Substantial Contribution' Test

Mon, 04 Mar 2013 23:16:06 GMT

The Fabulous New Substantial Contribution Test Is Made Even

Mon, 04 Mar 2013 23:14:31 GMT

The financial transaction tax: an update

Thu, 25 Apr 2013 14:52:06 GMT

On 18 April 2013 the UK government issued a legal challenge to the decision of the EU Council of 22 January 2013 which authorised a subset of the EU (not including the UK) to introduce a financial transaction tax under a little used procedure known as enhanced cooperation.

The Foreign Aspects of Section 382: Searching for Answers in a Troubled Global Economy

Tue, 09 Apr 2013 20:40:49 GMT

The Fortune Teller & The Casualty Actuary Discuss Threats to Financial Solvency

Fri, 10 Aug 2012 16:10:10 GMT

The French Competition Authority launches a wide-ranging sector inquiry in the pharmaceutical distribution sector

Wed, 27 Feb 2013 18:58:26 GMT

On 25 February 2013, the French Competition Authority announced the launch of a sector inquiry in the pharmaceutical sector. The Authority plans to issue its preliminary findings on or about July 2013 in order to deliver its final report and recommendations before the end of 2013.

The Future Will Be Better Tomorrow: The Obama Tax Agenda Is Released

Mon, 04 Feb 2013 22:01:28 GMT

The German Run-off Loan Market – Regulatory Aspects

Wed, 13 Jun 2012 04:00:00 GMT

Insurance run-off: Portfolio acquisitions (Bestandskauf/Bestandsübertragung) and related regulatory aspects

The Going-private Phenomenon: Would Changes in the Rules for Director Selection and Liability Help Public Companies Gain Some of Private Equity's Advantages?

Wed, 06 Jun 2012 15:12:25 GMT

The Government Consults on Subsidiary Legislation for Implementation of the new Companies Ordinance - Phase One

Fri, 12 Oct 2012 00:57:22 GMT

As explained in our previous Legal Update "New Companies Ordinance Expected to Take Effect in 2014", the new Companies Ordinance (CO) was gazetted on 10 August 2012 and is expected to take effect in 2014. For the purpose of facilitating the implementation of the new CO, 12 pieces of subsidiary legislation are required to be legislated to provide for administrative, technical and procedural matters.

The Government Consults on Subsidiary Legislation for Implementation of the new Companies Ordinance – Phase Two

Mon, 03 Dec 2012 01:26:50 GMT

The Governmental Draft of the Financial Assets Act

Mon, 16 Jul 2012 15:46:12 GMT

The High Price of Leniency for Stolt-Nielsen

Tue, 20 Nov 2012 17:42:00 GMT

The Home Health Care Crises, Medicare's Fastest Growing Program Legalizes Spiraling Costs

Thu, 28 Feb 2013 20:32:57 GMT

The Impact of Globalized Enforcement Actions on Internal Investigations

Tue, 20 Nov 2012 16:43:49 GMT

The Increasing Influence of Good Faith Obligations

Thu, 24 Jan 2013 06:22:36 GMT

The case of Jacobs UK Ltd v. Skidmore Owings & Merrill LLP highlights the increasing influence of obligations of good faith.

The IRS Issues Final FATCA Regulations

Wed, 23 Jan 2013 05:00:00 GMT

The eighteenth century Shaker hymn from which we quote for the title of our article on the final FATCA regulations strikes us as the perfect metaphor for addressing the 544 pages of FATCA due diligence, reporting and withholding regulations promulgated by the Internal Revenue Service (IRS) on January 17, 2013. Ann Lee, the charismatic Shaker preacher, founded her faith on simplicity, community and celibacy.

The IRS Should Quickly Back Away From Notice 2012-15,

Thu, 28 Feb 2013 20:00:09 GMT

The ISDA March 2013 Dodd-Frank Protocol (the “DF Protocol 2.0”) is Open for Adherence

Fri, 17 May 2013 16:34:59 GMT

On March 22, 2013, ISDA opened the DF Protocol 2.0 for adherence to market participants. The DF Protocol 2.0 is part of ISDA’s documentation initiative aimed at assisting the derivatives industry in implementing and complying with the regulatory requirements imposed under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).

The judgment by the European Court of Justice in the glyphosate case: A storm in a glass?

Tue, 24 Jul 2012 23:00:00 GMT

On 19 July 2012, the EU Supreme Court (i.e., the Court of Justice), in the Zhejiang Xinan Chemical Industrial Group Co., Ltd. case (Case C-337/09) confirmed the judgment rendered by the lower EU court, the General Court, on 17 June 2009.

The Lady, or the Tiger: Making Informed Choices in 2013's Uncertain Federal Income Tax Environment (Co-Author)

Mon, 04 Feb 2013 21:15:38 GMT

The Lawgiver’s Faltering Hand

Thu, 21 Jun 2012 20:07:38 GMT

The Life of Riley

Tue, 28 Aug 2012 08:44:28 GMT

It is common to see benefit repayment provisions in employment contracts and sale and purchase agreements. These provisions are usually designed to encourage the employee's continued employment in return for some form of financial or other benefit provided by the employer.

The New AIPN 2012 Model Form Joint Operating Agreement—What’s New?

Tue, 19 Jun 2012 18:13:42 GMT

After four years of research, consultation and drafting, the Association of International Petroleum Negotiators (AIPN) has published a new version of its model Joint Operating Agreement (2012 JOA), replacing the previous version (2002 JOA).

The New Regulations Under Code Sec. 987: Application to Partnerships

Thu, 02 May 2013 16:56:41 GMT

The New Regulations Under Code Section 1446

Thu, 02 May 2013 16:52:52 GMT

The New U.K.-U.S. Agreement on Dual Consolidated Losses

Fri, 01 Mar 2013 20:07:32 GMT

The Next Big Thing?

Thu, 06 Dec 2012 16:21:51 GMT

A bylined article by Litigation & Dispute Resolution partner Hank Bullock and associate Andrew Calica (both New York) discusses legal, regulatory and economic uncertainties in the up-and-coming biosimilar marketplace.

The Nuts and Bolts of International Arbitration

Wed, 09 Jan 2013 19:20:09 GMT

The Patent Litigator’s Job: A Survival Guide

Thu, 13 Dec 2012 16:32:37 GMT

The Patriot Act vs the EU data reform: the devil is in the detail

Fri, 16 Nov 2012 17:10:18 GMT

Many people expected the proposed Data Protection Regulation to draw a line in the sand, telling the US once and for all that compliance with the US Patriot Act on one hand, and EU data protection obligations on the other, is impossible. But the proposed Regulation does not do so. It just pushes those questions deeper into the details.

The Phillip Wain Case - The Final Chapter

Wed, 27 Jun 2012 04:00:00 GMT

This case has taken more twists and turns than a bowl of spaghetti! However, we are now at the end of the journey. This update considers the decision of the Court of Final Appeal and the current position facing employers.

The Present and Future of Nigerian Energy

Wed, 19 Sep 2012 17:50:07 GMT

This year there have been a number of acquisitions and proposed acquisitions of onshore oil and gas assets in Nigeria. In August 2012, Eland Oil & Gas completed the indirect acquisition of a 45 percent interest in OML 40, an onshore oil and gas license area in the Niger Delta, from sellers including a subsidiary of Shell.

The Rafaela S - House Of Lords Rule On Straight Bills Of Lading

Wed, 18 Jul 2012 04:00:00 GMT

The House of Lords has this month upheld the Court of Appeal ruling in The Rafaela S [2003]2 Lloyd's Rep. 113 concerning several aspects of direct-consigned or "straight" bills of lading.

The Regulations Under Code Section 7874(g)

Thu, 02 May 2013 16:57:57 GMT

The Remarkable Taxpayer-Friendly Evolution of the DCL Regime

Mon, 04 Mar 2013 23:16:13 GMT

The Russian Government Finally Submits WTO Accession Protocol To Russian Parliament

Thu, 07 Jun 2012 22:50:06 GMT

On 7 June 2012, almost six months after it was signed by the Russian Government, the World Trade Organization (WTO) Accession Protocol was submitted for ratification to the Russian Federal Assembly. Ratification will have to proceed on a fast-track and be completed by 23 July 2012.

The Same Old Story with a New Twist

Thu, 31 May 2012 10:31:47 GMT

Whether a worker is an employee or an independent contractor is a debate that features in many employment cases in Hong Kong. The modern approach is for the Court to examine all the features of the parties' relationship against a list of factors and decide whether, as a matter of overall impression, the relationship is one of employment. However, the answer to this question can sometimes be elusive.

The Simplicity of Antitrust Law

Thu, 18 Oct 2012 16:56:25 GMT

The Solicitor General and His Client

Thu, 21 Jun 2012 20:11:27 GMT

The State Giveth and The State Taketh Away: Preserving the Municipality's Ability to Zone for Group Homes under the Fair Housing Amendments Act of 1988

Thu, 28 Feb 2013 20:31:21 GMT

The State of Espírito Santo Extends the ICMS Tax Basis Reduction Period Applicable to Imports of Assets or Goods for Oil and Gas Production

Thu, 05 Jul 2012 15:23:07 GMT

Pursuant to CONFAZ ICMS Agreement no. 130, of November 27, 2007 (“Agreement 130/07”), the States and the Federal District were authorized to reduce the ICMS tax basis applicable at the time that assets or goods (specified in the Sole Annex to such Agreement 130/07) cleared through customs where any such assets or goods were imported under the Special Customs Regime relating to Temporary Admission for use in oil and natural gas production facilities pursuant to specific federal rules regulating the Special Import and Export Regime for Oil and Natural Gas Exploration and Production Assets (“REPETRO”) so that the tax burden would be equal to 7.5 percent on a noncumulative basis, or alternatively, at the discretion of the taxpayer, 3 percent, without entitlement to the relevant credit.

The State of Rio Grande do Sul Amends Rule on Valued-Added Tax (ICMS) (1) Exemption for Assets and Goods Used in Oil and Gas Exploration and Production under the Temporary Admission Regime

Mon, 09 Jul 2012 14:11:59 GMT

Pursuant to Decree no. 49294, of June 26, 2012, the State of Rio Grande do Sul has amended item CLXXII, of section 9, of the ICMS Statute (RICMS), Decree no. 37699, of August 26, 1997.

The Straddle Rules Project: Financial Product Tax Wonks Look at 25 Years of the Biggest Tax Headache We've Ever Had (Contributor)

Mon, 04 Feb 2013 21:59:24 GMT

The Toothless Tiger: Hong Kong's Antecedent Transaction Provisions Exposed

Tue, 29 May 2012 17:23:57 GMT

The Unofficial Guide to U.S. Legal Studies For Foreign Lawyers

Tue, 28 Aug 2012 04:00:00 GMT

The US Crackdown on Software Piracy Affects PRC and Hong Kong Companies (only available in Chinese)

Wed, 30 Jan 2013 02:39:23 GMT

The US Criminalization of Import Violations Continues Unabated

Mon, 30 Jul 2012 15:52:19 GMT

On July 23, 2012, the US Department of Justice (DOJ) filed a criminal complaint in a California federal district court, accusing eight individuals and three business entities of operating a fraudulent scheme to evade customs duties on imported goods produced in a foreign country.

The Use of Series Companies in International Tax Planning

Thu, 02 May 2013 16:51:29 GMT

Third Circuit Court of Appeals Strikes Down Tax Credit Transaction, Reverses Tax Court

Mon, 10 Sep 2012 13:46:30 GMT

The US Court of Appeals for the Third Circuit has reversed a Tax Court decision in Historic Boardwalk Hall LLC v. Commissioner, and disallowed tax credits that were allocated to a private investor.

'Through the Glass [Even More] Darkly': Revisions to the Not-So-Fabulous Branch Rule

Mon, 04 Mar 2013 23:15:21 GMT

Time for trustees to focus on scheme records

Fri, 07 Sep 2012 17:34:45 GMT

The Pensions Regulator (the "Regulator") has issued a press release reminding pension scheme trustees of their obligation to achieve the Regulator's scheme data targets by the end of the year.

Tip of the Month, June 2012 - Managing the Risks and Costs of Email Archives: Part II: Preservation, Collection & Production

Fri, 29 Jun 2012 16:26:24 GMT

This is Part Two of Two in a set of Tips of the Month addressing email archives. The tip of the Month for May addressed initial considerations and functionality relating to email archives.

Tip of the Month, May 2012 - Managing the Risks and Costs of Email Archives: Part I - Initial Considerations & Functionality

Thu, 31 May 2012 20:25:46 GMT

Scenario
Several years ago, a large multinational corporation implemented an email archive system in order to better manage its volume of email and the potential complications associated with backup media in its frequent litigations. Now, the corporation’s General Counsel is concerned about the volume of email that must be searched, processed, reviewed and produced in every litigation, and the Chief Information Officer has realized that the exponential growth of the email archive system is not sustainable. The corporation is exploring ways to manage the risks and costs associated with its existing email archive.

To Cooperate or Not: The Corporate Leniency Program After Stolt-Nielsen

Tue, 20 Nov 2012 17:44:02 GMT

To Participate or Not to Participate: A Secured Party's Question

Mon, 05 Nov 2012 19:45:27 GMT

Economic downturns often oblige secured lenders to become involved actively in the bankruptcy of their borrowers and in related disputes concerning the propriety of the lenders’ secured claims and the treatment of those claims in the borrowers’ reorganization or liquidation. Thus, many insolvency and workout topics have appeared in this space since the Great Recession began more than four years ago.

Top Tips for Complying with the Model Code

Thu, 18 Apr 2013 09:39:14 GMT

In recent weeks two companies have been issued with large fines for breaches of the Model Code. We have put together some top tips to help companies and directors comply with their obligations in this area.

Towards a European Banking Union – The European Commission Announces a New Legal Framework for Banking Supervision

Thu, 20 Sep 2012 13:01:36 GMT

On 12 September 2012, the European Commission published a proposal giving the European Central Bank supervisory responsibility for all banks in the Eurozone.

Trade Associations & Competition Law

Tue, 27 Nov 2012 20:44:26 GMT

Trade in Force: The Need for Effective Regulation of Private Military and Security Companies

Wed, 03 Oct 2012 20:02:46 GMT

Tue, 20 Nov 2012 19:56:48 GMT

TUPE, service provision change and second generation outsourcing: is a change (of client) better than a rest?

Mon, 03 Dec 2012 11:34:48 GMT

The recent Court of Appeal decision in the case of McCarrick v Hunter [2012] EWCA Civ 1399 has confirmed that the service provision change rules under the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") will only apply on a second generation outsourcing where the activities carried out before and after the change of contractor are carried out on behalf of the same client. However, despite this decision, there is a potential route by which TUPE could still apply in situations such as this.

TUPE: When will it apply to outsourcings?

Fri, 29 Jun 2012 11:22:17 GMT

Since the introduction of the TUPE Regulations in 2006, customers and suppliers have generally taken a cautious approach to the new "service provision change" test, applying TUPE to most outsourcing situations. This has inevitably led to increased costs for suppliers which are often passed on to the customer.

Two Recent New York Decisions Provide Guidance on FCPA’s Reach Over Foreign Nationals

Tue, 12 Mar 2013 13:45:45 GMT

Two recent decisions from the Southern District of New York provide some guidance on limits to the US government’s ability to prosecute foreign nationals under the Foreign Corrupt Practices Act. The first decision, SEC v. Straub, et al.,¹ supports the government’s long-held view that the FCPA applies broadly to foreign nationals involved in foreign bribery schemes—regardless of the defendant’s direct contacts with the United States—and significantly limits a foreign defendant’s ability to assert a statute-of-limitations defense.

U.S. Discovery in Aid of Foreign Arbitration – A Journey through the Jungle of U.S. Court Rulings – and a Guide

Mon, 11 Jun 2012 04:00:00 GMT

U.S. Internal Revenue Service's Initial Guidance on Financial Accounting Tax Compliance Act Rules

Mon, 04 Feb 2013 21:44:38 GMT

U.S. Record Companies Face Withholding Tax Problems

Fri, 01 Mar 2013 20:20:37 GMT

U.S. Tax Consideration in Buying or Selling a Non-U.S. Business

Thu, 02 May 2013 17:06:23 GMT

UK Budget 2013 - Implications for the Energy Sector

Wed, 20 Mar 2013 17:51:50 GMT

Breaking news from the UK Parliament: The Chancellor, George Osborne, delivered his fourth Budget speech in the House of Commons this afternoon indicating an intention to introduce a package of support measures designed to encourage production of low carbon fuels for a low carbon economy.

UK ICO imposes a £250,000 penalty for a security breach which exposed the personal data of millions of consumers

Wed, 30 Jan 2013 10:07:24 GMT

The UK Information Commissioner’s Office (the “ICO”) has fined Sony £250,000 for what it describes as “one of the most serious” cases ever reported to it following a breach of security of its PlayStation Network Platform (the “PlayStation Platform”).

UK implementation of amendments to the Prospectus Directive – where are we now?

Tue, 19 Jun 2012 15:08:47 GMT

Along with other member states, the UK has until 1 July 2012 to implement EU directive 2010/73/EU (Amending Directive).

UK implementation of FATCA

Fri, 18 Jan 2013 16:51:45 GMT

Following the enactment of the Foreign Account Tax Compliance Act (“FATCA”) in the US on 18 March 2010, on 12 September 2012 it was announced that the UK and US governments had entered into an inter-governmental agreement (the “IGA”) for the implementation of FATCA in the UK. Following a consultation, the UK has recently published draft domestic legislation and accompanying guidance to implement the IGA and explain the UK regime.

In this legal update, we set out a summary of some of the key aspects of the proposed UK regime.

UK Supreme Court decides when making spare parts amounts to patent infringement, and the consequences for failing to register a patent licence

Tue, 19 Mar 2013 18:34:45 GMT

The UK Supreme Court has unanimously ruled on an important commercial activity for patentees and spare part manufacturers, namely when supplying replacement parts constitutes patent infringement. The decision also deals with the consequences of failing to register a patent licence.

The decision has potentially significant strategic implications for both patent litigation and the question of infringement, and for commercial transactions that require recordal of patent licences and the consequences of failing to do so.

UK Supreme Court declines to extend scope of legal advice privilege

Wed, 23 Jan 2013 18:15:40 GMT

In a judgment delivered on 23 January 2013, the UK Supreme Court upheld the decision of the Court of Appeal, that legal advice privilege (“LAP”) should not be extended to cover legal advice provided by accountants.

United States (Co-author)

Fri, 22 Feb 2013 17:06:14 GMT

United States District Court Holds That Section 11 Claims Attacking Other Than Temporary Impairment Balances Require Pleading Objective And Subjective Falsity

Wed, 02 Jan 2013 17:56:08 GMT

On December 19, 2012, the United States District Court for the District of Colorado dismissed various claims under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Securities and Exchange Commission’s Rule 10b-5, holding that the named plaintiffs in the purported class action failed to satisfy the applicable pleading requirements.

United States Enacts New Round of Iran Sanctions

Tue, 14 Aug 2012 21:24:43 GMT

The recently signed Iran Threat Reduction and Syria Human Rights Act of 2012 extends to foreign subsidiaries of US companies the preexisting OFAC sanctions against Iran.

Unprotected Tooling: High-Risk Practices in Chinese Manufacturing

Thu, 20 Dec 2012 17:18:15 GMT

As a result of globalization and the ability of consumers to purchase products at the lowest cost, manufacturers in China have become an integral part of the supply chains of many consumer product companies.

Unwirksamkeit der Zwangsvollstreckungsunterwerfung?

Wed, 28 Nov 2012 05:00:00 GMT

Update on the Online Travel Agency Battle

Fri, 05 Oct 2012 02:50:36 GMT

US and Canadian Tax Considerations for Acquiring Canadian Income Trusts

Thu, 02 May 2013 16:55:23 GMT

US Appellate Courts Begin Dissecting Criminal Customs Violations

Thu, 14 Mar 2013 17:01:23 GMT

There has been an increasing trend toward the criminalization of customs violations in the United States, with a greater number of cases being referred to the US Department of Justice for criminal prosecution.

US Bilateral Investment Treaties: Recent Developments

Mon, 11 Jun 2012 18:30:05 GMT

The United States is currently party to 48 Bilateral Investment Treaties (BITs), including seven that have been signed but not yet ratified. Several developments have recently occurred on the US BIT scene, which are notable as much for the discussion and debate they have produced as for the fact that they lie at very different ends of the spectrum in their promotion of US BIT interests.

US Bureau of Land Management Revises its Proposed Rule for Hydraulic Fracturing on Federal and Indian Lands

Thu, 23 May 2013 04:00:00 GMT

On May 16, 2013, the US Bureau of Land Management (“BLM” or the “Bureau”), part of the Department of the Interior, released a supplemental notice of proposed rulemaking for hydraulic fracturing on public and Indian lands (the “Revised Proposal”).

US Commodity Futures Trading Commission Releases FAQs for CPOs and CTAs

Wed, 22 Aug 2012 17:20:52 GMT

On August 14, 2012, the US Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight released a set of frequently asked questions and answers regarding the changes to registration and compliance requirements for commodity pool operators (CPOs) and commodity trading advisors (CTAs) adopted earlier this year.

US Court of Appeals for the Eleventh Circuit Holds that Parties in Foreign Commercial Arbitrations May Seek Discovery in the United States

Thu, 28 Jun 2012 20:42:08 GMT

The US Court of Appeals for the Eleventh Circuit, in Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., has held that a foreign arbitration panel is a “tribunal” within the meaning of 28 U.S.C. §1782, thereby authorizing parties to such arbitrations to seek discovery from a United States district court pursuant to that statute.

US Court of Appeals for the Second Circuit Court Affirms Dismissal of Anti-Terrorism Act Claims Against UBS

Thu, 21 Feb 2013 05:00:00 GMT

A federal appellate court in New York has held that under the Anti-Terrorism Act (ATA), a bank cannot be held liable for the acts of terrorist organizations, such as Hamas and Hezbollah, solely because the bank provided financial services or otherwise dealt with a state sponsor of terrorism, such as Iran.

US Court of Appeals for the Second Circuit Holds Rapid Post-Fraud Stock Rebound Does Not Bar Securities Fraud Suit

Mon, 06 Aug 2012 13:51:01 GMT

The failure to allege economic loss and loss causation—essential elements of a securities fraud claim—should be fatal to a Rule 10b-5 complaint. In Rosado v. China North East Petroleum Holdings Ltd., et al., the US District Court for the Southern District of New York dismissed a putative class action on the ground that the complaint failed to adequately allege an actual economic loss as a matter of law where the company’s stock price rebounded shortly after the alleged fraud.

US Department of Health and Human Services Issues Final "Sunshine" Rule Imposing Reporting Requirements on Payments to Physicians and Teaching Hospitals

Wed, 13 Feb 2013 05:00:00 GMT

A new rule has imposed reporting requirements on certain manufacturers of drugs, devices, and biological or medical supplies, as well as on group purchasing organizations (GPOs) concerning certain financial dealings with physicians and teaching hospitals.

US Enforcement Agencies Publish Long-Awaited Resource Guide to the U.S. Foreign Corrupt Practices Act

Mon, 19 Nov 2012 23:09:05 GMT

Just in time for the US Thanksgiving Day holiday, the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have jointly delivered the much anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the Guide).

US Federal Bank Regulators Issue Final Leveraged Lending Guidance

Wed, 27 Mar 2013 15:46:03 GMT

On March 22, 2013, almost a year to the day after they issued the proposed new Interagency Guidance on Leveraged Lending, the three federal banking regulators—the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency (collectively, the Agencies)—issued the final version of this Interagency Guidance.

US Federal Communications Commission Suspends Special Access Pricing Flexibility Rules

Tue, 04 Sep 2012 21:06:02 GMT

The Federal Communications Commission has adopted an order suspending “on an interim basis” its special access pricing flexibility rules.

US Federal Trade Commission Moves Aggressively on Standard-Essential Patents

Thu, 06 Dec 2012 05:00:00 GMT

A new Federal Trade Commission merger consent order raises significant questions about the ability of standard-essential patent (SEP) holders to enforce their intellectual property rights.

US International Trade Commission Launching Two Investigations Concerning WTO Information Technology Agreement

Mon, 13 Aug 2012 19:59:53 GMT

In response to a request from the US Trade Representative, the United States International Trade Commission (USITC) has launched two investigations in anticipation of negotiations on the potential expansion of the World Trade Organization’s (WTO) Information Technology Agreement (ITA).

US Practioner Suggests 'GRA-Lite' Approach for Cross-Border Stock Transfers

Mon, 04 Mar 2013 23:11:08 GMT

US Secretary of the Treasury Exempts FX Swaps and Forwards from Certain Requirements Under the US Commodity Exchange Act

Tue, 20 Nov 2012 05:00:00 GMT

On November 16, 2012, under specific authority granted under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the US Secretary of the Treasury (Secretary) issued the long-awaited final determination (Determination), which states that physically settled “foreign exchange swaps” (FX Swaps) and “foreign exchange forwards” (FX Forwards) are exempt from the definition of “swap” and not subject to many of the swap requirements under the Commodity Exchange Act (CEA).

US Securities and Exchange Commission Adopts Final Conflict Minerals Disclosure Rule

Wed, 05 Sep 2012 20:51:53 GMT

The US Securities and Exchange Commission has adopted the final rule regarding disclosure of the use of conflict minerals that originated from the Democratic Republic of the Congo or an adjoining country.

US Supreme Court Grants Certiorari in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds

Tue, 12 Jun 2012 15:58:25 GMT

To obtain class certification in an action alleging a misrepresentation in violation of Section 10(b) of the Securities and Exchange Act, 15 U.S.C. § 78j(b), a plaintiff must show that reliance on the alleged misrepresentation is common to the class. In Basic Inc. v. Levinson, 485 U.S. 224 (1988), the Supreme Court held that a putative class-action plaintiff may obtain a rebuttable presumption of class-wide reliance by invoking the “fraud-on-the-market” theory.

US Supreme Court Grants Certiorari in Marx v. General Revenue Corp.

Tue, 29 May 2012 21:37:16 GMT

Federal Rule of Civil Procedure 54(d)(1) states that, “[u]nless a federal statute . . . provides otherwise, costs—other than attorney’s fees—should be allowed to the prevailing party.”

US Supreme Court Grants Certiorari in Three Cases Affecting Employers

Wed, 27 Jun 2012 19:54:51 GMT

As the Supreme Court looks ahead to its next term, the Court granted certiorari in three cases of particular significance to employers. In these cases, the Court will address the impact of offers of judgment on federal wage and hour collective actions, the scope of vicarious liability for acts of supervisors under Title VII, and the type of equitable relief available to plan fiduciaries regarding the enforcement of reimbursement provisions.

US Supreme Court Grants Certiorari in Two Cases Addressing the Clean Water Act

Wed, 27 Jun 2012 19:04:36 GMT

In two grants of certiorari this week—both over the opposition of the United States and both from the Ninth Circuit—the Supreme Court showed its continuing interest in the scope of the Clean Water Act’s permitting regimes by agreeing to decide whether rainwater runoff from forest roads requires a Section 402 permit, and whether water transfers within a municipal stormwater sewer system may constitute a prohibited “discharge.”

US Supreme Court Holds that the Alien Tort Statute Does Not Apply Extraterritorially

Thu, 18 Apr 2013 21:10:21 GMT

In Kiobel v. Royal Dutch Petroleum, No. 10-1491, the US Supreme Court has ruled that the Alien Tort Statute (ATS) does not apply extraterritorially in cases alleging violations of international law occurring within the territory of sovereigns outside the United States.

US Supreme Court Issues Opinion in Christopher v. Smithkline Beecham Corp.

Mon, 18 Jun 2012 21:56:33 GMT

The outside-sales exemption of the Fair Labor Standards Act (“FLSA”) provides that an individual who is employed “in the capacity of outside salesman” is not entitled to overtime pay. See 29 U.S.C. § 207(a)(1); 29 U.S.C. § 213(a)(1).

US Supreme Court Issues Opinion in Southern Union Co. v. United States

Fri, 22 Jun 2012 19:14:48 GMT

In Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court held that under the Sixth Amendment “any fact,” other than the fact of a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum “must be submitted to a jury, and proved beyond a reasonable doubt.” Id. at 490. On June 21, 2012, in Southern Union Co. v. United States, No. 11-94, the Supreme Court ruled that this constitutional right extends to criminal fines.

US Supreme Court To Resolve Important Class-Certification Issue in Comcast Corp. v. Behrend

Wed, 27 Jun 2012 19:51:46 GMT

A critical and recurring issue in class-action litigation is the degree to which a district court must consider merits issues when deciding whether to certify a class under Rule 23 of the Federal Rules of Civil Procedure. Although in the past some courts had viewed merits questions as wholly separate from the question of class certification, the Supreme Court recently explained in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011),that the certification inquiry “[f]requently . . . will entail some overlap with the merits of the plaintiff’s underlying claim.”

US Tenth Circuit Court of Appeals Upholds FCC’s Market-Power Framework

Thu, 16 Aug 2012 13:53:38 GMT

In Qwest Corp. v. FCC, No. 10-9543 (10th Cir. Aug. 6, 2012), the US Court of Appeals for the Tenth Circuit upheld the Federal Communication Commission’s decision to adopt a flexible market-power framework for analyzing forbearance petitions.

USERRA and the ‘Cat’s Paw’ Theory of Employer Liability after Staub

Tue, 30 Oct 2012 19:17:24 GMT

Using the Brown Group Regulations to Minimize Subpart F Income

Thu, 02 May 2013 17:01:27 GMT

Value for Money - the Guiding Principle in Assessing Liquidators' Remuneration on Administration of Trust Assets

Tue, 29 Jan 2013 04:45:52 GMT

Did you know that the court's guiding principle on assessing remuneration for liquidators in respect of their administration of trust assets held by the company is similar to the principle applicable to liquidation work, that is, on a "value for money" basis rather than as an indemnity against cost?

Veritas v. Comr.: Tax Court Finds IRS's §482 Allocations to be "Arbitrary, Capricious, and Unreasonable"

Tue, 26 Feb 2013 20:06:46 GMT

Vermittler von Mobilfunkanschlüssen als Handelsvertreter

Tue, 23 Oct 2012 09:14:27 GMT

Vers une coproduction de sécurité à l’anglaise?

Thu, 21 Jun 2012 12:09:03 GMT

Dans un article publié le 22 février 2012, le quotidien britannique The Guardian fait état de la décision du comté du Lincolnshire de déléguer au prestataire privé G4S certaines missions de police, dont la conduite d’enquêtes criminelles. En France, si le principe d’interdiction de la privatisation de la police a été dégagé par la jurisprudence, quelques dérogations sont cependant observables.

Vietnam Civil Proceedings Code

Wed, 20 Jun 2012 02:56:04 GMT

On 29 March 2011, Law No. 65/2011/QH12 ("Law No. 65") on the amendment of and supplement to a number of articles of the Civil Proceedings Code No. 24/2004/QH11 ("CPC 2004") was promulgated by the National Assembly of Vietnam.

Vietnam Issues Decree to Implement the Mineral Law

Tue, 05 Jun 2012 08:18:22 GMT

On 9 March 2012, the Vietnamese Government issued Decree No. 15/2012/ND-CP ("Decree 15") detailing the implementation of a number of articles in the Mineral Law.

Vietnam Issues New Regulations for Fund Management Companies

Fri, 05 Apr 2013 08:52:59 GMT

On 5 December 2012, the Vietnamese Ministry of Finance (MOF) issued Circular No. 212/2012/TT-BTC (Circular 212) on the establishment, organisation and operation of fund management companies (FMCs).

Previously, Decree No. 58/2012/ND-CP of 20 July 2012 (Decree 58) had paved the way for incorporation of 100 percent foreign-owned securities business companies, including FMCs.

Now, Circular 212 provides detailed guidelines on the implementation of the provisions of Decree 58 on FMCs and replaces Decision No. 35/2007/QD-BTC dated 15 May 2007 (as amended on 26 December 2008) (Decision 35). Some salient provisions of Circular 212 are discussed in this legal update.

Vietnam Law on Administrative Procedures

Thu, 21 Jun 2012 07:53:16 GMT

On 24 November 2010, the National Assembly of Vietnam adopted the Law on Administrative Procedures ("Law") with 265 articles in 18 chapters. The Law became effective as from 1 July 2011 and replaces the Ordinance on the Procedures for the Settlement of Administrative Cases, effective 1 July 1996 and amended on 25 December 1998 and again on 5 April 2006 ("Ordinance").

Vietnamese Government to Boost Real Estate Sector

Mon, 15 Apr 2013 07:20:36 GMT

In its resolution for action to be taken in 2013 ("Resolution"), the Vietnamese government has initiated, among other things, solutions to reduce difficulties faced by the real estate sector. These solutions include incentives relating to taxes, payment of land rental and land use fees, financial support, project approvals and residential housing ownership for foreigners.

Vietnam's Long-Term Strategy for Exploitation of Mineral Resources

Fri, 01 Jun 2012 08:37:43 GMT

Vietnam has recently issued several key pieces of legislation necessary to implement the 2010 Mineral Law. On 22 December 2011, Vietnamese Prime Minister ("PM") signed Decision No. 2427/QD-TTg ("Decision 2427") approving the national mineral resources strategy to 2020 with a vision to 2030.

Viktória Bognár: “Carbon leakage and distortion of competition between EU and non-EU airlines and hub airports” winner of the Mayer Brown Legal Business Prize 2011/2012 for best thesis concerning the impact of EU law on business.

Tue, 03 Jul 2012 04:00:00 GMT

Mayer Brown, in association with the College of Europe, is proud to publish Victória Bognár thesis entitled “Carbon leakage and distortion of competition between EU and non-EU airlines and hub airports” winner of the Mayer Brown Legal Business Prize 2011/2012 for the best thesis concerning the impact of EU law on business.

W.R. Grace: Unsecured Bank Lenders Are Not Entitled to Post-Petition Default Interest (with G. Alexander Bongartz)

Tue, 26 Feb 2013 19:22:17 GMT

Washington, DC Office Honored for Commitment to Pro Bono and for Increasing Access to Justice

Fri, 15 Jun 2012 04:00:00 GMT

Mayer Brown’s Washington, DC office has received two prestigious honors related to pro bono and charitable giving.

'What Do I Do About This Word, 'Unavoidable'?': Resolving Textual Ambiguity in the National Childhood Vaccine Injury Act

Wed, 17 Oct 2012 16:45:28 GMT

What do I need to know about TUPE?

Tue, 06 Nov 2012 15:34:48 GMT

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) apply on the sale of a business (or part of it) and where there is a service provision change, e.g. where a company engages a contractor to undertake services on its behalf.

What does “house” mean in Government Leases? It all depends on the context, says the Court of Final Appeal in Fully Profit.

Mon, 20 May 2013 08:18:34 GMT

The Court of Final Appeal (“CFA”) handed down its long-awaited decision in Fully Profit (Asia) Limited vs. The Secretary for Justice for and on behalf of the Director of Lands (FACV 17/2012) on 13 May 2013. The appellant Fully Profit owns a site at Nam Kok Road, Kowloon City, comprising five lots held under five separate virtually identical Government Leases, each of which contains a restriction that the owner cannot erect or allow to be erected more than one house on the lot. The CFA reversed the unanimous decision of the Court of Appeal and held that a 26-storey building straddling the five lots cannot be a “house” within the meaning of the word in the Government Leases.

What Gap In Employment Is Necessary To Break The 'Continuity' Of An Employee's Contract?

Mon, 25 Jun 2012 04:00:00 GMT

This update considers Wong Man Sum v Wonderland Sea Food Restaurant O/B Long Yield Co. Ltd HCLA133/2002, which was an appeal to the Court of First Instance from a decision of the Labour Tribunal. The case involved the question of when two contracts should be treated as being continuous for the purpose of the Employment Ordinance.

What Happens To Employees On The Transfer Of A Business?

Mon, 25 Jun 2012 04:00:00 GMT

A recent Court of Appeal decision has restored a sense of order into the world of employment law.

What’s Negotiable in A/B Mortgage Loan Intercreditor Agreements

Wed, 27 Feb 2013 21:51:04 GMT

When is a software licence transferable even if it says it’s non-transferable?

Thu, 16 Aug 2012 15:04:28 GMT

Second-hand software licences and the European Court’s judgment in UsedSoft v Oracle

When Is a Software License Transferable Even If It Says It’s Nontransferable?

Thu, 20 Dec 2012 17:18:04 GMT

Second-hand Software Licenses and the European Court’s Judgment in UsedSoft v. Oracle

When the Cure could be Worse than the Ailment: The 'Other Revenue' Provisions of the Health Care Choices Act of 2009

Mon, 04 Feb 2013 22:00:29 GMT

When the Other Shoe Falls: IRS Notice 2010-46 Restricts The Application of Notice 97-66 for Cross-Border Securities Loans

Mon, 04 Feb 2013 21:47:38 GMT

Why Financial Institutions Should Consider APAs In the Current Transfer Pricing Environment

Wed, 17 Apr 2013 04:00:00 GMT

In a bylined article, Tax partners Charles Triplett, Lewis Greenwald and Jason Osborn and director of transfer pricing and valuation services Elena Khripounova (all Washington, DC) discuss why financial institutions should consider advance pricing agreements.

Will Intervening Periods Between Successive Contracts Prevent An Employee's Right To Statutory Severance Or Long Service Pay?

Mon, 25 Jun 2012 04:00:00 GMT

In Lui Lin Kam & Others v Nice Creation Development Limited (9 July 2003, an appeal from the Labour Tribunal), the Court of First Instance ruled upon an employee's right to statutory severance payment when the employee is employed under an arrangement of successive contracts.

William Pinkney: The Supreme Court’s Greatest Advocate

Thu, 21 Jun 2012 20:07:06 GMT

Wind Energy Guide

Tue, 22 Jan 2013 05:00:00 GMT

This guide offers a comprehensive overview of the complex relations of planning, financing and realizing of wind turbines. The guide does not only include legal issues and basic principles but also technical aspects, such as questions of locational choices, operating and maintenance of wind turbines as well as quality management.

With Section 6676, It Does Hurt To Ask

Wed, 03 Oct 2012 16:13:06 GMT

Wizard of Oz Revisited: Along the Yellow Brick Road in Search of an Insolvency Solution

Fri, 10 Aug 2012 16:11:39 GMT

WTO Appellate Body Brings Coherence to Trade Rules on Technical Regulations

Mon, 09 Jul 2012 13:49:11 GMT

On June 29, 2012, the Appellate Body of the World Trade Organization (WTO) circulated its decision in a dispute over US country-of-origin labeling (COOL) requirements for beef and pork products (WT/DS384/AB/R, WT/DS386/AB/R). This is the third decision this year by the Appellate Body dealing with the rules under the WTO Agreement on Technical Barriers to Trade (TBT Agreement).

WTO Appellate Body Upholds Ruling Against China in Anti-Dumping and Countervailing Duty Investigations of Grain Oriented Flat-Rolled Electrical Steel

Mon, 22 Oct 2012 16:01:11 GMT

On October 18, 2012, the Appellate Body of the World Trade Organization (WTO) issued its report upholding on all issues the WTO dispute settlement panel report, China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States.

WTO Dispute Panel Finds China In Violation Of Anti-Dumping Agreement

Mon, 04 Mar 2013 05:00:00 GMT

In a February 26, 2013 report, a panel formed by the World Trade Organization (“WTO”)’s Dispute Settlement Body issued its report in a dispute brought by the European Union (“EU”) challenging anti-dumping duties imposed by China on x-ray security inspection equipment imported from the EU.

WTO Panel Rules Against China in Anti-Dumping and Countervailing Duty Investigations of Grain Oriented Flat-Rolled Electrical Steel

Fri, 15 Jun 2012 19:51:47 GMT

On June 15, 2012, a World Trade Organization (WTO) dispute settlement Panel circulated its decision in the challenge brought by the United States regarding China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel (GOES) from the United States.

WTO Panel Rules Against China in Dispute over Electronic Payment Services

Tue, 31 Jul 2012 15:40:27 GMT

On July 16, 2012, a World Trade Organization (WTO) dispute settlement panel determined, in a case brought by the United States, that China maintains a number of measures that treat foreign providers of electronic payment services (EPS) less favorably than the domestic EPS provider, China Union Pay. EPS are services through which transactions involving payment cards (credit, debit, charge) are processed and funds are transferred.

Xilinx: Time for a Tweak to Treas. Reg. Sec. 1.482-1(b)(1)?

Wed, 27 Feb 2013 22:38:30 GMT

Yuan Funds May Be More Illusion Than Oasis

Fri, 17 Aug 2012 08:33:00 GMT

Zeitarbeit nach dem CGZP-Beschluss des BAG – Rechtsfolgen und Risiken für die Zeitarbeitsbranche“ (Temporary agency work in the aftermath of the landmark CGZP-decision of the German Federal Employment Court (BAG) – legal consequences and risks for the temporary employment agency industry)

Tue, 03 Jul 2012 20:19:58 GMT

Zur Anwendbarkeit von § 90a HGB auf Wettbewerbsabreden

Tue, 11 Dec 2012 12:39:36 GMT

Zusammenarbeit mit Leistungserbringern und Industrie (Interview about Healthcare Compliance)

Fri, 27 Jul 2012 16:14:12 GMT

Adem Koyuncu has been interviewed and provides practical guidance on the current compliance requirements for the interaction between industry and healthcare professionals. The interview discusses particular aspects of healthcare compliance.

世贸组织上诉机构最新裁定使技术性法规与贸易规则保持一致

Tue, 10 Jul 2012 06:50:52 GMT

2012年6月29日，世界贸易组织上诉机构就由美国牛肉及猪肉产品原产国标志（COOL）要求引发的争议发布裁决（WT/DS384/AB/R, WT/DS386/AB/R）。该裁决是上诉机构年内第三次处理有关于世贸组织《技术性贸易壁垒协定》的裁决，也是其年内第三次认定美国技术性（产品）法规不符合《技术性贸易壁垒协定》（TBT 协定）。通过三次胜利裁决，上诉机构建立了对《技术性贸易壁垒协定》较为连贯一致的解读。

世贸组织上诉机构认定美国《海豚安全标签标准》构成歧视

Fri, 01 Jun 2012 05:01:00 GMT

2012年5月16日，世界贸易组织上诉机构就美国商务部关于金枪鱼产品"海豚安全"标签案(WT/DS381/AB/R)发布裁决。该裁决是年内上诉机构在审理专家组裁决时第二次侧重考虑受技术规定影响的不同产品间的竞争关系。

中国内地房地产与建筑

Tue, 16 Apr 2013 08:14:45 GMT

为您所有的房地产需求提供一站式服务－无论您在房地产开发周期的哪个阶段，都能为您提供专业意见！

亚洲银行及金融业务

Tue, 16 Apr 2013 07:19:48 GMT

孖士打律师行亚洲银行及金融业务组规模庞大、倍受赞誉，多年以来一直向金融产业的客户提供法律服务。我们就涉及资产及项目融资、银行贷款、结构性融资以及衍生品的创新性国际、跨境及境内交易提供法律意见。

企业融资

Tue, 16 Apr 2013 08:23:23 GMT

凭藉覆盖亚洲、美洲及欧洲的广泛业务能力，我们能够处理错综复杂的跨境交易。我们为成熟和新兴市场的发行人提供一站式服务，协助他们进军全球资本市场。

俄罗斯政府将入世议定书提交俄罗斯议会批准

Thu, 12 Jul 2012 02:12:10 GMT

在签署入世议定书近半年之后，俄罗斯政府于2012年6月7日最终将议定书提交至俄罗斯联邦议会寻求立法机构的批准。该议定书的批准必须采用快速批准程序，以便在2012年7月23日前完成。同时，相关机构也在修改由俄罗斯、白俄罗斯和哈萨克斯坦组成的关税同盟的一些法律法规，以使其符合俄罗斯的入世承诺。

全球项目

Tue, 16 Apr 2013 08:41:34 GMT

我们的全球项目团队参与了世界各地众多项目，充分展示了强大的业务实力。从钻井船、油气管道、电站、风电场到机场、桥梁、公路、隧道，我们处理的项目种类多样，遍及各大洲。以全球网络平台和本地优势专长为依托，我们的律师以深厚的行业经验为客户提供卓越的项目服务。

商业及技術外包

Tue, 16 Apr 2013 07:32:03 GMT

在全球化的背景下，外包已经成为企业的重要成功要素。Mayer Brown的商业及技术外包组专注于为客户创造价值，助力客户获得真正的“市场优势”。下文简要介绍本事务所在商业及技术外包领域的全球领先地位及优势所在。

在法国购买葡萄园要考虑些什么事情？

Mon, 18 Mar 2013 10:04:45 GMT

过去几年，有意在法国购买葡萄园的海外爱酒投资者的人数显著增加。本文试就五个议题进行扼要阐释，供准买家在购买之前考虑。

奥巴马总统命令撤出中国对美国风场的投资；投资者面临前所未有的法律挑战

Fri, 02 Nov 2012 02:43:15 GMT

在过去的25年中，美国政府通过美国外国投资跨部门委员会（“美国外国投资委员会”或“委员会”）审查了数百件对美国公司的潜在外国收购。根据法规，委员会有权认定外国并购美国企业会否对美国国家安全带来不利影响，如有不利影响，则可要求并购方采取措施消除或减轻这种影响；外国投资委员会的反对有时会使当事方放弃收购计划。尽管许多外国收购人对委员会的审查表示不满，有些外国政府甚至表露出对美国这种保护主义的担忧，但尚未有有关对美国政府在这方面的权力提出法律挑战的报道。

知识产权／信息科技

Tue, 16 Apr 2013 09:11:13 GMT

孖士打律师行的知识产权／信息科技部拥有一支高效率且具有丰富经验的团队。我们的知识产权律师在香港及亚洲其它国家或地区积累了大量的实战经验，洞悉国内及国际知识产权发展动向，充分了解客户的实际商业需求，通过我们的全球化网络和人脉，致力于为国内外企业及其品牌提供具有经济效益的法律方案及发展策略。

知识产权／信息科技

Tue, 16 Apr 2013 09:15:49 GMT

美国商务部拟就非市场经济案例中的市场经济购买方法进行重大修改

Fri, 06 Jul 2012 09:43:51 GMT

美国商务部在《联邦公报》中发布关于将修改非市场经济国家（非市场经济案件）反倾销调查中有关市场经济购买规则的通知。新规则将要求市场经济购买价格仅用于“实质上所有生产要素都从市场经济供应商处购得”的情况。“实质上所有”是指使用占生产要素总投入量的85%或以上的生产要素决定反倾销幅度。

诉讼及替代性争议解决

Tue, 16 Apr 2013 09:20:15 GMT

孖士打律师行的诉讼及替代性争议解决业务组共有约30名合伙人和50余名律师，团队规模居区域领先地位。本业务组拥有通过数十年积累的丰富的当地及区域实践经验。

资本市场

Tue, 16 Apr 2013 07:39:34 GMT

本行的全球网络和丰富交易经验可以帮助客户迅速融入国际股权及债务资本市场。结合本行前沿性的全球法律专业服务和对本地市场的深入了解，我们能够向领先的公司及金融机构提供成熟的法律意见和创新性解决方案。

资本市场季报(2012年10月至12月)

Thu, 28 Feb 2013 03:11:50 GMT

本季报（涵盖2012年10月至12月）着重介绍香港资本市场近期的发展。

资本市场季报(2012年1月至3月)

Tue, 29 May 2012 03:43:05 GMT

本季报（涵盖2012年1月至3月），介绍了香港资本市场近期的发展。

资本市场季报(2012年4月至6月)

Thu, 09 Aug 2012 02:26:55 GMT

本季报（涵盖2012年4月至6月），介绍了香港资本市场近期的发展。

资本市场季报(2012年7月至9月)

Tue, 27 Nov 2012 05:51:46 GMT

本季报（涵盖2012年7月至9月），介绍了香港资本市场近期的发展。