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  • Article

    California Tax Voluntary Disclosure Initiative

    The State of California has recently enacted a Voluntary Compliance Initiative 2 ("VCI 2") for taxpayers who underreported their California income tax liabilities, through the use of so-called "abusive tax avoidance" transactions or offshore financial arrangements, to amend their tax returns for 2010 and earlier.
    United StatesTax
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    China Establishes Its Security Review Mechanisms For Inbound M&A Transactions

    In summary, under the State Council SR Circular, the National Development and Reform Commission ("NDRC") and MOFCOM, along with other PRC governmental authorities that regulate the relevant industrial sectors, will establish a joint committee ("Joint Committee") to conduct the security review under the leadership and supervision of the State Council. Similar to the Committee on Foreign Investment in the United States ("CFIUS"), the Joint Committee will review foreign takeovers of PRC domestic bu
    ChinaCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    English High Court Provides Guidance On Scope Of Documents Required To Be Provided To Private Equity Fund Investors

    A series of High Court judgments in London have provided a degree of clarity on the extent to which a limited partner in an English Limited Partnership is entitled to obtain information in relation to a private equity fund and its underlying investments.
    United KingdomFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Delaware Chancery Court Rules That A Reverse Triangular Merger May Constitute an "Assignment By Operation Of Law"

    Reverse triangular mergers are a popular deal structure used to acquire all of the outstanding equity interests of a target company.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    California Holds First Auction Of Cap-And-Trade Program Allowances Under Cloud Of Litigation

    A year after adopting its Cap-and-Trade Regulation, the California Air Resources Board (CARB) held its first auction of greenhouse gas (GHG) emission allowances on November 14, 2012
    United StatesEnvironment
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    California Holds Practice Auction For Its Cap-And-Trade Program

    The California Air Resources Board (CARB) conducted a practice auction for the state’s landmark cap-and-trade program.
    United StatesEnvironment
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Financial Reform Expands SEC Enforcement Authority

    In addition to expanding the regulatory authority of the Securities and Exchange Commission, the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act includes several notable changes to the SEC’s enforcement powers.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Supreme Court Rejects Bright Line Test Of "Statistical Significance" For Materiality In Securities Claims

    On March 22, 2011, the Supreme Court of the United States issued a decision in the matter of Matrixx Initiatives, Inc., et al. v. Siracusano, et al., No. 09-1156.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Circuit Significantly Tightens Doctrine Of Inequitable Conduct Today In It’s "En Banc Therasense" Ruling

    The Federal Circuit today issued its awaited "en banc" opinion "in Therasense, Inc. v. Becton, Dickinson and Co"., Appeal No. 2008-1511, defining the substantive standards for the inequitable conduct defense.
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    New Jersey District Court Holds That A Claim For Infringement Under 35 U.S.C. § 271(e)(2) May Be Stated Without A Paragraph IV Certification

    The District of New Jersey has recently held that, under 35 U.S.C. § 271(e)(2), a court may exercise jurisdiction in a Hatch-Waxman Act case over claim of patent infringement where the Abbreviated New Drug Application filer did not make a Paragraph IV certification for that patent.
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Supreme Court Affirms "Clear And Convincing Evidence" Standard Of Proof For Patent Invalidity

    In a case followed closely by the patent bar, the Supreme Court today unanimously affirmed the clear and convincing evidence standard of proof for patent invalidity determinations. Microsoft Corp. v. i4i Ltd. P’ship, No. 10-290 (S. Ct. June 9, 2011) ("Slip op.").
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    California Supreme Court Rules That Witness Statements Obtained By Attorneys Are Work Product

    The California Supreme Court held that witness statements collected by or at the direction of an attorney constitute at least qualified work product, as a matter of law.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Lapsing Of Patent For Failure To Pay Maintenance Fees Held Not To Invalidate Terminal Disclaimer

    On March 17, 2011, the District of New Jersey (Judge Chesler) issued an important decision regarding the doctrine of obviousness-type double patenting ("OTDP"), holding that when a patent is terminally disclaimed to the expiration date of an earlier-expiring patent and the earlier patent lapses due to failure to pay maintenance fees, the terminal disclaimer may still be effective to obviate OTDP.
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Circuit Ruling Strengthens Defenses Against Enablement Attacks On Drug And Medical Device Patents

    The Federal Circuit rejected an assertion of invalidity of a patent for lack of enablement under 35 U.S.C. § 112, holding that human testing at the time the patent application was filed was not required.
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    M&A Practice Update: Lessons From The Eurozone Crisis

    Greece’s recent second bailout of €130bn and related debt cut has successfully resulted in the country averting a disorderly default and exit from the eurozone, for now at least.
    European UnionCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Japan Ramps Up Renewable Energy Generation

    A new feed-in tariff regime (the "FIT Regime") for renewable energy power plants (solar, wind, hydro, geothermal and biomass) came into effect in Japan on July 1, 2012 under the Act on Special Measures Concerning the Procurement of Renewable Electric Energy by Operators of Electric Utilities (the "Act").
    JapanEnergy and Natural Resources
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    House Passes Bill Simplifying IPO Process And Private Capital Formation

    On March 8, 2012, the U.S. House of Representatives passed the Jumpstart Our Business Startups Act, or "JOBS Act."
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    The Insolvency Point Of No Return For Securitisation Issuers

    On 7 March 2011, the Court of Appeal delivered judgment on an appeal and a cross-appeal from a decision of the Chancellor of the High Court in the case of BNY Corporate Trustee Services Ltd v Eurosail UK 2007-3BL PLC & Ors [2010] EWHC 2005.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    HHS and CMS Issue Proposed Rule on Accountable Care Organizations

    On March 31, the Department of Health and Human Services ("HHS") and the Centers for Medicare and Medicaid Services ("CMS") released the highly anticipated proposed rule under the Affordable Care Act of 2010 (commonly referred to as the "Healthcare Reform Law") regarding the formation and operation of accountable care organizations ("ACOs").
    United StatesFood, Drugs, Healthcare, Life Sciences
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    U.S. House Passes Comprehensive Patent Bill

    Today the U.S. House of Representatives passed the Leahy-Smith America Invents Act, a comprehensive patent reform bill containing significant substantive, procedural, and technical changes impacting U.S. patent law.
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP

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