On 12 October 2011, The Stock Exchange of Hong Kong Limited (the "HKEx") issued "HKEx Guidance Letter HKEx-GL25-11" ("GL25-11") regarding the conditions for waivers from strict compliance with the requirement to include three years’ financial statements in prospectuses pursuant to Rule 4.04(1).

On January 1, 2012, two California bills became effective that create new forms of California corporate entities. AB 361, authored by Assemblyman Jared Huffman, creates the benefit corporation or B-corp, while SB 201, authored by Senator Mark DeSaulnier, creates the flexible purpose corporation or FPC.

Recently, the Securities and Exchange Commission ("SEC") announced that it is adopting amendments which will adjust certain dollar thresholds set forth in Rule 205-3 of the Investment Advisers Act of 1940 (the "Advisers Act"), the rule which permits investment advisers to charge a performance fee to "qualified clients."

Today, the Federal Circuit issued its decision in In re BP Lubricants USA Inc., Misc. Dkt. No. 960 (Fed. Cir. 2011), holding that the heightened pleading requirements for fraud and mistake apply to false patent marking claims.

As part of The Stock Exchange of Hong Kong Limited’s (the "Stock Exchange") environmental friendly initiative to reduce the requirement for printed materials within the confines of the existing regulatory framework,

On October 20, 2011, the Centers for Medicare and Medicaid Services ("CMS") released a final rule (the "Final Rule") regarding the formation of accountable care organizations ("ACOs") and the implementation of the Shared Savings Program (the "Program").

Set out below is a snapshot of some of the key VAT developments that have arisen so far in 2011 and a summary of their impact in the UK.

On December 29, 2011, the California Supreme Court issued its long-awaited opinion in Harris v. Superior Court, the first case in which it has addressed the administrative exemption under California law.

On March 27, 2012, the U.S. House of Representatives voted to approve amendments made by the Senate to the Jumpstart Our Business Startups Act, or "JOBS Act."

This has been (and continues to be) a period of extraordinary change in the investment management industry. During the past three months, the Securities and Exchange Commission ("SEC") has issued numerous proposed and final rulemakings affecting mutual funds and investment advisers. (At right is our survey of recent SEC regulatory activity.) This article briefly discusses one of these proposals: the SEC ’s recent initiative to increase the transparency of a fund ’s investment advisory

On July 22, 2011, the United States Court of Appeals for the District of Columbia (the "Court") vacated Rule 14a-11 ("Rule 14a-11") promulgated under the proxy access provisions of the Securities Exchange Act of 1934, as amended (the "Exchange Act").

Last week, the Ninth Circuit issued its decision in In re Pacific Pictures Corp. holding that a party waives attorney-client privilege in any future litigation by voluntarily disclosing privileged documents to the federal government.

"Zeevi" concerned the effect of a forum selection clause on a proceeding to enforce an international arbitration award.

In Voom HD Holdings LLC v. EchoStar Satellite L.L.C., the First Department states that the New York standard establishing when a party’s duty to preserve evidence is triggered.

The Delaware Court of Chancery recently ruled that a reverse triangular merger does not constitute an assignment by operation of law.

On August 1, 2012, the China International Economic and Trade Arbitration Commission ("CIETAC") headquartered in Beijing, the leading arbitration institution in China, posted an announcement on its website ("Announcement"), declaring that CIETAC’s authorization to two of its branches, i.e., the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission (located in Shenzhen), for accepting and administering arbitration cases has been suspended since the same date.

Any commercial party entering into an international contract will want to be sure that the contract contains a robust and effective mechanism for resolving any future disputes which may arise.

In September last year, after Executive Vice President Margrethe Vestager announced the European Commission (the "EC") new approach to merger control, we expressed the view that merger control in...

The Takeover Panel (the "Panel") has issued its eagerly-awaited consultation paper setting out the details of its proposed changes to the UK takeover regime.