ArticleNAIC Report: 2021 Fall National MeetingThe 2021 Fall National Meeting of the National Association of Insurance Commissioners (the "Fall National Meeting") was held from December 11-16 in a hybrid format...United StatesInsuranceWillkie Farr & Gallagher
ArticleIncreased Flexibility And Clarity For Owners Of California Pass-Through EntitiesOn February 9, 2022, California Governor Gavin Newsom signed into law Senate Bill 113 (the "Bill"). The Bill introduced much-needed revisions and clarifications to the pass-through entity elective tax ("PTET") enacted in 2021.United StatesTaxWillkie Farr & Gallagher
ArticleSEC Proposes Proxy Voting And Say-on-Pay Voting Disclosure Requirements For Funds And Institutional Investment Managers (March 2022)he SEC's focus on proxy voting and shareholder governance rights continued throughout the fall with two other rule makings.United StatesCorporate/Commercial LawWillkie Farr & Gallagher
ArticleDOL Urges ERISA 401(k) Plan Fiduciaries To Exercise "Extreme Care" Regarding Cryptocurrency InvestmentsThe U.S. Department of Labor (the "DOL") issued its first guidance regarding cryptocurrency investments by ERISA plans on March 10, 2022. The guidance – a Compliance Assistance Release regarding "401(k)...United StatesTechnologyWillkie Farr & Gallagher
ArticleContinuing SEC Focus On Private Equity Conflicts And DisclosureIn a recent enforcement action, the Securities and Exchange Commission (the "SEC") again demonstrated its continuing focus on private equity conflicts of interest and disclosure. United StatesFinance and BankingWillkie Farr & Gallagher
ArticleOFAC Imposes Sovereign Debt Restrictions And Additional Sanctions On Belarusian RegimeIn an action that continues the Biden administration's focus on human rights and democracy building, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC")...United StatesInternational LawWillkie Farr & Gallagher
ArticleHow Strengthened Governance Can Contribute To The Post-Pandemic Recovery In Latin America: Podcast RoundupAs the world continues to deal with the COVID-19 pandemic, several challenges have become more visible globally, along with major opportunities for a transformative and sustainable economic recovery in the long term.WorldwideCorporate/Commercial LawWillkie Farr & Gallagher
ArticleState Of Play: U.S. Sanctions Against Russia For The Crisis In UkraineThis client alert was updated on April 11, 2022 to include a description of additional actions announced by the Biden administration in response to Russia's ongoing invasion of Ukraine.WorldwideInternational LawWillkie Farr & Gallagher
ArticleZTE Penalized $1.19 Billion For Sanctions And Export Control Violations, A Record Fine Against A Non-Financial InstitutionThis is the largest penalty ever levied by the U.S. government for sanctions violations by a non-financial institution and the largest penalty ever levied for an export control case.United StatesInternational LawWillkie Farr & Gallagher
ArticleSEC Proposes Significant Rule Changes For Private Fund AdvisersOn February 9, 2022, the Securities and Exchange Commission ("SEC") voted 3 to 1 to propose five new rules (the "Proposed Rules") under the Investment Advisers Act of 1940 (the "Advisers Act")...United StatesFinance and BankingWillkie Farr & Gallagher
ArticleHow ESG Is Shaping Private Equity: What Is On The Horizon?Fundraising in private equity in recent years was shaped by myriad forces, including ESG considerations. In this Q&A with Claudia Arango, we explore private equity fundraising trends in Latin America after 2020.United StatesCorporate/Commercial LawWillkie Farr & Gallagher
ArticleSEC Approves Nasdaq "Comply Or Explain" Diversity RequirementsThe Securities and Exchange Commission recently approved Nasdaq's proposed rules regarding board diversity. Nasdaq's rules, initially proposed in December 2020, take a "comply or explain" approach...United StatesCorporate/Commercial LawWillkie Farr & Gallagher
ArticleGuidance Published On New UK Asset Holding Company RegimeHMRC, the UK tax authority, has this week published their eagerly awaited guidance (available here) on the UK's new qualifying asset holding company ("QAHC") regime.United KingdomCorporate/Commercial LawWillkie Farr & Gallagher
ArticleSanctions Policy In 2021: Taking Stock After Year One Of The Biden AdministrationIn the last 20 years, each presidential administration in the United States has increasingly turned to economic sanctions to respond to a wide range of U.S. national security and foreign policy issues.United StatesGovernment, Public SectorWillkie Farr & Gallagher
ArticleWill Crypto Make A Hash Of The Sanctions Against Russia? Sanctions Evasion Considerations For The Cryptocurrency SectorThe United States and its allies have responded to Russia's invasion of Ukraine by imposing severe and unprecedented sanctions that isolate Russian-based financial institutions...WorldwideInternational LawWillkie Farr & Gallagher
ArticleEU Court Upholds Highest European Commission Gun-Jumping Fine – Interim Covenants And Information Exchanges Under The SpotlightOn 22 September 2021, the EU's General Court handed down its judgment dismissing a challenge brought by Altice EuropeNV (Altice) against a "gun-jumping" fine imposed on it by the European Commission (the Commission).European UnionCorporate/Commercial LawWillkie Farr & Gallagher
ArticleRepresentation And Warranty Insurance Can Be A Leg Up, But May Not Be A Silver BulletRepresentation and warranty insurance ("RWI") has become a "must have" for many US and European private equity sponsors looking for a remedy solution where there is no or limited post-closing recourse to sellers.United StatesCorporate/Commercial LawWillkie Farr & Gallagher
ArticleFTC Establishes New Cybersecurity BenchmarksLast week, the Federal Trade Commission ("FTC") amended its Gramm-Leach-Bliley Act ("GLBA") Safeguards Rule (or "Rule") to, among other things, modify the scope of companies...United StatesTechnologyWillkie Farr & Gallagher
ArticleFrench Insolvency Law Reform – Rebalancing Of Power Among StakeholdersAfter the "Dutch scheme"1 and the "German scheme"2 entered into force at the beginning of 2021, France has now published its much-anticipated transposition of the European directive of 20 June 2019...FranceInsolvency/Bankruptcy/Re-StructuringWillkie Farr & Gallagher
ArticleWitness Preparation In International ArbitrationFor many people - even senior executives of large corporations - appearing as a witness, giving evidence and being cross-examined is a daunting prospect.United StatesLitigation, Mediation & ArbitrationWillkie Farr & Gallagher