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  • 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

    Over 55 Of The Nation's Leading Law Firms Respond To Investment Company Act Lawsuits Targeting The SPAC Industry

    Recently a purported shareholder of certain special purpose acquisition companies (SPACs) initiated derivative lawsuits asserting that the SPACs are investment companies...
    United StatesCorporate/Commercial Law
    Hughes Hubbard & Reed LLP
    Hughes Hubbard & Reed LLP
  • Article

    Continued Regulatory Focus on Breakpoints and B-Share Suitability

    United StatesLitigation, Mediation & Arbitration
    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

    Proposed Exemptions from Commodity Pool Operator and Commodity Trading Advisor Registration

    United StatesCorporate/Commercial Law
    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

    Supreme Court Allows Immediate Challenges To Environmental Compliance Orders In Sackett V. EPA

    On March 21, 2012, the Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Ninth Circuit, holding that a compliance order issued under the Clean Water Act.
    United StatesEnvironment
    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
  • Article

    Second Circuit Dismisses Short-Swing Profit Claim

    In a case of first impression, the Second Circuit in Gibbons v. Malone, No. 11–3620–cv, 2013 WL 57844 (2d Cir. Jan. 7, 2013) declined to apply Section 16(b) of the Securities Exchange Act of 1934, more commonly known as the "short-swing profit rule," to a corporate insider transaction involving shares of two different classes of stock of the same issuer.
    United StatesLitigation, Mediation & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • 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

    IRS Rules That Interest In A Money Market Fund Is A Cash Item For REITS

    The Internal Revenue Service (the "IRS") recently provided guidance to real estate investment trusts.
    United StatesTax
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Reporting Organizational Actions Affecting Basis Of Issued Securities

    If your company, in 2011, engaged in any transaction that affected the basis of all holders of a particular class of stock, including stock-splits, mergers, reorganizations, spin-offs, split-offs, stock redemptions, and distributions in excess of corporate earnings and profits, then your company has until January 17, 2012 to file a new tax form with the Internal Revenue Service.
    United StatesTax
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Over 60 Of The Nation's Leading Law Firms Respond To Investment Company Act Lawsuits Targeting The SPAC Industry

    Recently a purported shareholder of certain special purpose acquisition companies (SPACs) initiated derivative lawsuits asserting that the SPACs are investment companies under the Investment Company...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor

Showing 121–140 of 388 results

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