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On February 13, 2008, the Securities and Exchange Commission proposed to amend foreign issuer reporting requirements on Form 20-F under the Securities Exchange Act of 1934.

This newsletter reports on two important decisions concerning community law released today, the House of Lords’ decision in the Sempra Metals case and the decision of the European Court of Justice in C-231/05 Oy AA.

Last week, the Washington State Legislature amended Washington's Law Against Discrimination ("WLAD"), adding sexual orientation to the list of prohibited categories of discrimination in housing and employment. The amendment will become effective ninety days after the governor's signature, expected this week.

Employers that sponsor defined benefit plans need to comply with a new requirement to post the Form 5500 actuarial information for the defined benefit plan on the employer’s intranet.

The Department of Treasury and the Internal Revenue Service have issued the anticipated final regulations under section 409A of the Internal Revenue Code. Employers must act now to identify arrangements, agreements, and plans subject to section 409A; review these plans for compliance with the final regulations; and amend the plans (often requiring approval by the Board of Directors) by no later than December 31, 2007.

About 25% of U.S. franchisors currently include financial performance representations in their franchise disclosure documents.

Existing state law in California does not require employers to provide employees with any paid sick leave.

Delaware has enacted important amendments to the Delaware General Corporation Law.

A recent decision of the Minnesota Court of Appeals suggests that trustees administering spendthrift trusts should carefully consider the trust’s purposes before consenting to an early termination. This is true even where the termination is requested by all of the beneficiaries.

The National Defense Authorization Act for FY 2008, Pub. L. 110-18 contains provisions expanding the leave available to certain family members of an individual in the Armed Forces under the Family and Medical Leave Act of 1993.

The hottest issue in U.S. corporate governance and investor relations right now is majority election of directors.

The Ninth Circuit Court of Appeals took its first foray last week in Van Asdale v. International Game Technology, No. 07-16597 (9th Cir. 2009), into what a plaintiff must show to establish a whistleblower claim under the Sarbanes Oxley Act, 18 U.S.C. § 1514A (SOX).

A group of more than 50 fixed income investment managers, The Credit Roundtable, has just proposed a set of model covenants for investment grade bonds.

In the flurry of efforts to stem the global financial crisis, one move by the Federal Reserve Board may have been somewhat overlooked: in a statement issued September 22, 2008, the Fed loosened long-standing policies to make it easier for private equity funds and other investors to acquire minority stakes in banks and other financial institutions.

A Germany limited partnership sought to repatriate the losses of its Luxembourg P.E. in circumstances where the double tax convention exempted from tax in Germany branch profits and in turn therefore did not give credit for branch losses.

The Securities and Exchange Commission has adopted new Rule 14a-11 under the Securities Exchange Act of 1934 that will require public companies to permit any shareholder or group of shareholders owning at least 3% of a public company’s voting stock for at least three years to include director nominees in company proxy materials.

We are very pleased to announce that Paul Farmer has now joined the London office of Dorsey from the European Commission where he was head of Analysis and Co-ordination of Tax Policies.

Paul Farmer, the former Head of DG Taxud's Tax Policy Unit, gives his personal take on the news.