From 6 April 2011, the UK ceases to have a "default retirement age" of 65 (the "DRA") at which employers may require an employee to retire automatically without facing unfair dismissal (termination) claims.

The recent Enerwise settlement order provides another example of the Federal Energy Regulatory Commission’s willingness to pursue million dollar penalties in gaming strategies of demand response programs, despite the Chairman’s long-standing support of such programs.

The Commodity Futures Trading Commission ("CFTC")’s Division of Clearing and Intermediary Oversight ("DCIO") recently issued an Advisory which clarifies that certain eligible U.S. persons may transact in foreign security futures products

On July 13, 2012, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (the "CFTC") issued a no-action letter1 responding to a request for no-action relief submitted by the Managed Funds Association, the Investment Adviser Association, the Alternative Investment Management Association, Ltd., and the Investment Company Institute for additional time to comply with (i) the inclusion of swaps in the de minimis threshold calculation under CFTC Rule 4.13(a)(3)

The SEC staff recently issued a no-action letter modifying its position on the use of past investment recommendations in advertisements under Rule 206(4)-1(a)(2) of the Advisers Act.

On December 8, 2011, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) announced a significant change in its policy relating to the review of registration statements of foreign issuers.

In conjunction with a hearing held on September 13, 2011 by the House Financial Services Committee entitled "Ensuring Appropriate Regulatory Oversight of Broker-Dealers and Legislative Proposals to Improve Investment Adviser Oversight," a discussion draft of a bill was issued by Committee Chairman Spencer Bachus (R. Alabama) entitled the "Investment Adviser Oversight Act of 2011" (the "IA Oversight Act").

There have been several cases in Europe and beyond over the past few years concerning the concept of beneficial ownership under double tax agreements ("DTAs").

A recent decision of the UK’s First-Tier Tribunal creates uncertainty in relation to the commonly accepted UK tax treatment of interests in Delaware Limited Liability Companies (Mr Swift v Commissioners, TC00399).

In a long-awaited development, James H. Freis, Jr., Director of the Treasury Department’s Financial Crimes Enforcement Network ("FinCEN"), announced at an anti-money laundering ("AML") conference this week that FinCEN is "revisiting the topic of investment advisers" and drafting a rule proposal that would require certain investment advisers to establish and implement AML programs.

On July 2, 2013, the United States District Court for the District of Columbia vacated Rule 13q-1 under the Securities Exchange Act of 1934

In a ruling issued on 25 April 2012, in the case of Seldon -v- Clarkson Wright & Jakes [2012] UKSC16 ("Mr. Seldon") the UKSC ruled that a compulsory retirement age may be permissible even though it constitutes direct age discrimination.

On April 22, the SEC announced a settled enforcement action against a registered adviser for failing to perform all phases of its advertised due diligence prior to recommending to clients that they invest in certain hedge funds that were later determined to be a fraud.

On May 25, 2011, the Securities and Exchange Commission ("SEC") proposed rules implementing Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") that would disqualify certain "bad actors" from relying upon the Regulation D, Rule 506 safe harbor under the Securities Act of 1933 for private placement.

On July 2, 2012, FINRA announced a voluntary pilot program that encourages participants in arbitrations of at least $10 million to vary FINRA's usual arbitration rules.

The U.S. Supreme Court recently issued its widely-anticipated decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., interpreting for the first time the heightened pleading requirements of the Private Securities Litigation Reform Act of 1995 (the “PSLRA”).

The Commodity Futures Trading Commission is proposing for public comment certain amendments to Rule 18.05 which would (i) require a person holding or controlling a reportable futures or option position to retain books and records and make available to the Commission upon request any pertinent information with respect to all other positions and transactions in the commodity in which the trader has a reportable position, including positions held or controlled or transactions which are executed ove

On Monday, September 22, 2008, Senate Banking Committee Chairman Christopher Dodd introduced his view of a Treasury rescue of the nations financial institutions.

At its heart, the decision in Hexion Specialty Chemicals, Inc. v. Huntsman Corp. (2008 Del. Ch. LEXIS 134 (Del. Ch. Sept. 29, 2008)) serves primarily as a reminder of certain fundamental principles that dealmakers should keep in mind when negotiating and executing buy-out transactions.

Mark Cuban scored a significant victory July 17 when a federal district court dismissed an SEC insider trading case focused on his 2004 trading in Mamma.com.