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.

In late 2010, the National Development and Reform Commission ("NDRC") and the State Administration for Industry and Commerce ("SAIC"), two of the three key Anti-Monopoly Law Enforcement Authorities ("Enforcement Authorities") in the People’s Republic of China ("PRC"), formally issued five (5) long-awaited implementing set of rules in relation to the enforcement of the PRC Anti-Monopoly Law ("PRC AML"), which respectively address the enforcement policies against pricing monopolies and prohibition

One of the obstacles to promoting the use of the 2002 ISDA Master Agreement (the "2002 Agreement")is the fact that many of the definitions and credit support documents published before 2002 by the International Swaps and Derivatives Association, Inc.("ISDA")are not compatible with the 2002 Agreement without amendment.

A common current buzzword in Brussels, at the European Commission's Directorate-General for Competition, is that of "regulatory gap." Recently, officials at DG Comp (as it is known),...

In our June 2010 edition of Stay Current, we discussed the Hong Kong Court of Appeal’s decision in "FG Hemisphere Associates LLC v. Democratic Republic of Congo", in which the Court of Appeal held that, while China continues to follow the absolute approach to sovereign immunity, its failure to impose its immunity doctrine on Hong Kong through legislation justified a finding that the common law restrictive immunity doctrine, which had been developed prior to the 1997 transformation of Hong Kong f

A recent decision by the European Court of Justice ("ECJ"), the European Union's highest court, underscores the importance of antitrust compliance for investors that hold portfolio companies.

On August 21st, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit" or "Court"), in a 2-1 split decision, vacated the U.S. Environmental Protection Agency’s ("EPA") Cross-State Air Pollution Rule ("CSAPR" or the "Transport Rule"), which regulates emissions from upwind states that contribute to air quality problems in downwind states.

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.

The Securities and Exchange Commission ("SEC") has proposed Rule 203(b)(3)-2 (the "Rule") under the Investment Advisers Act of 1940 (the "Act") in order to require advisers to hedge funds with at least $25 million in assets under management to register as investment advisers under the Act.

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.

On May 10, 2011, the Securities and Exchange Commission ("SEC") provided notice of its intent to issue an order which will adjust certain dollar thresholds in Rule 205-3 of the Investment Advisers Act of 1940 (the "Advisers Act"),

Patent holders frequently mark products by stamping "patented" or "protected by U.S. Patent No. ________" on the article in order to put potential infringers on notice that the product is patent protected. The Patent Marking Statute (35 U.S.C. § 287(a)) limits the damages a patent holder may recover to those stemming from acts of infringement which occurred after an infringer was given actual or constructive notice of infringement. Marking a patented article establishes such constructive notice.

In the Consumer Financial Protection Bureau’s ("CFPB") first official release of the year, CFPB Bulletin 12-01, the agency addresses the treatment and scope of confidentiality protections accorded information collected from supervised institutions through the CFPB’s supervisory process.

In January 2011, the Institutional Limited Partners Association, a private equity industry association ("ILPA"), released an updated version of its Private Equity Principles, setting forth its recommendations for private equity fund best practices and principles (the "Updated Principles").

Ogier in Jersey and Luxembourg have acted as legal advisors to AEW Value Investors Asia II, which recently held its final closing, having raised commitments totalling $590.2 million...

For today's companies, navigating new paths to growth in the complex and evolving internet of things landscape requires innovative thinking and practical counsel.