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  • Article

    UK Goverment Poised To Approve The Acquisition Of Sky By News Corporation

    On 3 March 2011, the UK’s Secretary of State for Culture, Olympics, Media and Sport, Jeremy Hunt, announced that he intended to approve the acquisition by News Corporation ("NewsCorp") of British Sky Broadcasting Group plc ("Sky").
    United KingdomMedia, Telecoms, IT, Entertainment
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Proposed Amendments To UK Withholding Tax Rules On Interest Payments

    HM Revenue & Customs (HMRC) published on 27th March 2012 a consultation paper with proposals to amend certain income tax rules affecting interest payments.
    United KingdomTax
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Department Of Justice Antitrust Division Challenges Pre-Merger Gun Jumping

    On January 21, 2010, the Antitrust Division of the Department of Justice (the "DOJ") announced that it had brought suit against pork processors Smithfield Foods, Inc. ("Smithfield") and Premium Standard Farms, LLC ("PSF") alleging that the parties‟ conduct during the statutory pre-merger waiting period violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act").
    United StatesAntitrust/Competition Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Sec Adopts Large Trader Reporting Rule

    On July 26, 2011, the Securities and Exchange Commission ("SEC") adopted new Rule 13h-1 ("Rule") and Form 13H under Section 13(h) of the Securities Exchange Act of 1934 (the "Exchange Act").
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Seventh Circuit Condemns Reliance On Anonymous Sources In Securities Fraud Cases

    In our recent memorandum, “Supreme Court Establishes Standard for Reviewing ‘Strong Inference’ of Scienter in Securities Fraud Cases,” we discussed the Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., which held that a securities fraud complaint may survive a motion to dismiss “only if a reasonable person would deem the inference of scienter [the required state of mind] cogent and at least as compelling as any opposing inference one could draw from the facts alleged.”
    United StatesLitigation, Mediation & Arbitration
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Recently Introduced Tax Legislation Of Interest To Funds And Fund Managers

    Earlier this week, the “Foreign Account Tax Compliance Act of 2009” (the “bill”) was introduced in the Senate and the House.
    United StatesTax
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Federal Reserve Proposes Rule Regarding Volcker Rule Conformance Period

    On November 17, 2010, the Federal Reserve Board (the "Fed") proposed a rule (the "Proposed Rule") regarding the conformance period applicable to certain restrictions on a banking entity’s proprietary trading and relationships with hedge and private equity funds (commonly known as the "Volcker Rule") contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank").
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    SEC Proposes Incentive-Based Compensation Rule

    On March 2 the Securities and Exchange Commission (the "SEC") announced a proposed rule (the "Proposed Rule") that would require "covered financial institutions.
    United StatesEmployment and HR
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    CFTC Proposes Rules Relating to Swaps Clearing, Disruptive Trading Practices, Market Manipulation and the Investment of Customer Funds

    The Commodity Futures Trading Commission (the "CFTC") is proposing rules to implement new statutory provisions enacted by the Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), as well as soliciting comments in connection with the implementation of other provisions of the Dodd-Frank Act.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    SEC Amends The Advisers Act Custody Rule

    The SEC recently adopted amendments to the Investment Advisers Act custody rule that are intended to provide advisory clients with additional protections when a registered investment adviser has access to client assets.
    United StatesStrategy
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    UK’s New Double Tax Treaty Passport Scheme for Lenders is Launched.

    The full details of the UK’s new Double Tax Treaty Passport Scheme ("Scheme") have now been announced by HM Revenue & Customs ("HMRC"
    United KingdomTax
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Congress Sets New Executive Compensation Limits For TARP Recipients

    The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law on February 17, 2009, with the primary purpose of stimulating the American economy.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Landlord Wins Superstorm Sandy Rent Abatement Suit

    A discussion on a recent decision which arose out of the losses to landlords and tenants from Superstorm Sandy, where the Civil Court of New York County found that a retail tenant of a lower Manhattan property was not entitled to a rent abatement from its landlord based on the tenant's loss of electricity following the storm.
    United StatesReal Estate and Construction
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Antitrust Cooperation Agreement Would Permit EU And Swiss Competition Authorities To Share Evidence And Confidential Documents Without The Consent Of The Investigated Party

    The European Union and Switzerland recently signed the first "second generation" antitrust cooperation agreement.
    European UnionAntitrust/Competition Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Consultation on Regulation of UK Takeover Bids: More Restrictive Regime for Hostile Offers

    In June 2010, the Takeover Panel [the "Panel"] published a consultation document inviting comments on potentially far-reaching changes to the takeover regime.
    United KingdomCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    DOJ Orders Financial Services Firm To Disgorge Profits From Derivative Contract

    On September 30, 2011, the Antitrust Division of the Department of Justice ("the DOJ") announced a settlement with Morgan Stanley ("MS") that requires MS to disgorge $4.8 million in profits resulting from a 2006 derivative agreement with KeySpan Corporation ("KeySpan").
    United StatesAntitrust/Competition Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    FTC Proposes HSR Rules Formalizing Existing "Pull & Refile" Procedures And Creating Automatic Withdrawal Mechanism Linked To SEC Filing Disclosures

    The FTC has informally sanctioned a process that permits an acquiring person to voluntarily withdraw a pending HSR filing and resubmit it within two business days without paying an additional HSR filing fee.
    United StatesAntitrust/Competition Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    The Supreme Court Rules Against the N.F.L. in Highly Anticipated Antitrust Case

    Earlier this week, in a highly anticipated decision, the Supreme Court in American Needle v. National Football League unanimously held that the National Football League’s licensing activities pertaining to teams’ intellectual property should not receive single entity treatment and are therefore within the reach of Section 1 of the Sherman Act.
    United StatesAntitrust/Competition Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Adapting to RiskMetrics Group’s New Governance Risk Indicators System

    In early February 2010, the highly-influential proxy advisory firm RiskMetrics Group ("RMG") announced it would no longer evaluate companies based upon its Corporate Governance Quotient ("CGQ"), but would instead use a new yardstick, called Governance Risk Indicators ("GRId").
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    SEC Approves NASDAQ Listing Requirement Modifications

    The SEC recently approved a proposed change to Nasdaq’s rules regarding continued listing and compliance requirements.
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson

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