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.

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.

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.

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,

With a wave of initial public offerings ("IPOs") expected in the next few months, hedge fund managers should be aware of FINRA’s rules with regard to investing in new issues.

The Internal Revenue Service (IRS) recently announced a new initiative – the Voluntary Classification Settlement Program (VCSP) – that provides partial relief from back federal employment taxes, penalties and interest to eligible taxpayers that agree to prospectively treat workers as employees.

There are 35 local air quality management districts in California that are responsible for regulating emissions from stationary sources.

Today, the United States Supreme Court in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank unanimously1 affirmed the decision of the Seventh Circuit in In re River Road Hotel Partners, LLC2 that a secured creditor has the right to credit bid at a foreclosure sale of its collateral, even if such sale is conducted pursuant to a plan of reorganization.

On February 8, 2012, the IRS released proposed regulations (Proposed Regulations) interpreting the new Chapter 4 of Subtitle A of the Internal Revenue Code of 1986, as amended, commonly referred to as the Foreign Account Tax Compliance Act (FATCA).