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  • Article

    Hedge Fund Report – Summary Of Rules Affecting Investments In Initial Public Offerings

    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.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    New IRS Voluntary Worker Reclassification Program

    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.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Court Rules "Business As Usual" Method Of Evaluating GHG Impacts Under CEQA Was Unlawful Where Baseline Reflected Hypothetical

    There are 35 local air quality management districts in California that are responsible for regulating emissions from stationary sources.
    United StatesEnvironment
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    United States Supreme Court Affirms Secured Lender’s Right To Credit Bid Pursuant To Plan Of Reorganization

    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.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    IRS Issues Proposed Regulations On The Foreign Account Tax Compliance Act

    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).
    United StatesTax
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    SEC Proposes Rules Under JOBS Act Eliminating Prohibition Against General Solicitation And Advertising In Certain Reg. D/Rule 144A Offerings

    Rule 506 is a non-exclusive safe harbor under the Securities Act which exempts transactions by an issuer "not involving any public offering" from the Securities Act’s registration requirements.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Court Rules in Enron ERISA Litigation - A Cautionary Tale for 401(k) Plan Sponsors, Boards of Directors and Other Plan Fiduciaries

    United StatesStrategy
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    OCC Extends Comment Period On Deposit-Related Consumer Credit Products

    In a proposal published in the Federal Register on June 8, 2011, the Office of the Comptroller of the Currency ("OCC") issued guidance ("Proposed Guidance") addressing issues related to the safety and soundness of deposit-related consumer credit products.
    United StatesConsumer Protection
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Government’s New War on Global Money Laundering Places Greater Demands on Corporations

    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Tax Avoidance: Criminal Liability For A Foreign Company’s Management

    On 22 November 2011 the Criminal Chamber of the Italian Supreme Court ("Corte di Cassazione") heard case No. 7739; on 28 February 2012 it issued the judgment deciding, "inter alia", on the criminal tax consequences for the managers of a company formally resident abroad but "de facto" managed in Italy.
    ItalyTax
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    CFPB Maps Out "Larger Participant" Nonbank Supervision Program

    On June 23, the Consumer Financial Protection Bureau ("CFPB") issued a notice and request for comment ("Notice") on defining which entities should be included as "larger participants" in its nonbank supervision program.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Preliminary Observations Regarding Recent Changes To The UK Takeover Regime

    The outcomes of The Takeover Panel’s (the "Panel") review of the regulation of takeover bids were implemented and came into effect on 19 September 2011.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    NASD Proposals to Curtail Abusive IPO Allocation Practices

    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Eleventh Circuit Holds That Term Lenders Do Not Have Standing To Enforce Funding Obligations Of Revolving Lenders

    On February 20, 2013, the Court of Appeals for the Eleventh Circuit Court in Fontainebleau held that term lenders did not have standing to assert claims against revolving lenders under the same credit agreement for failure to fund, absent specific contractual provisions to the contrary.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Fashion ID: Website Operators Jointly Liable For Data Collection And Transmission Through Social Media Plug-Ins

    The ECJ also decided that the website operator, rather than the plug-in provider, is responsible for obtaining consent and providing notice for such plug-in's data collection and transmission.
    United StatesPrivacy
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Dealing With Stock Options And Free Shares When Launching A Tender Offer On A French Company

    Acquisitions of French companies raise a number of employment law issues, including issues related to employee share compensation plan, information and consultation of employee representatives, management transition and treatment of employee personal data.
    FranceEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    CFPB Ombudsman Annual Report Highlights Consumer Complaint Process, CFPB Enforcement Attorneys at Exams

    On November 30, 2012, the Bureau of Consumer Financial Protection ("CFPB") Ombudsman’s Office delivered its first annual report ("Annual Report") to the CFPB Director.
    United StatesConsumer Protection
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    CIETAC Announces Key Changes To Arbitration Rules

    After two years of debate and several rounds of amendments, the China International Economic and Trade Arbitration Commission (中国国际经济贸易仲裁委员会) (CIETAC) has finalized revisions to its arbitration rules, which came into effect May 1, 2012 (the "Revised Rules").
    ChinaLitigation, Mediation & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Lawmakers Defending Password-Protected Employee Accounts: Employers Need To Proceed Smartly

    "Mortified" is the reported reaction of Robert Collins, a former corrections officer with the Maryland Department of Corrections (DOC), when DOC requested his Facebook username and password about a year ago.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Retailers in California Face New Scrutiny of Credit Card Transactions in Light of "Pineda v. Williams-Sonoma Stores, Inc.", 51 Cal. 4th 524 (2011)

    Every day, hundreds of thousands of consumers use credit cards to pay for goods and services in California. In connection with these transactions, it has become almost routine for retailers to ask consumers to provide their ZIP code.
    United StatesConsumer Protection
    Paul Hastings LLP
    Paul Hastings LLP

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