ArticleThe Return Of European CMBS:DECO 2011-CSPK And CMBS 2.0After nearly four years, the first significant, fully placed CMBS of European collateral has been issued.United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleModel Participant-Directed Defined Contribution Plan Investment/Expense Disclosure PackageLast year, the Department of Labor issued a regulation, 29 C.F.R. § 2550.404a-5, requiring plan administrators of 401(k) and other defined contribution plans that permit participants to direct how their accounts are invested to provide, starting next year, very detailed investment and expense information.United StatesEmployment and HRPaul Hastings LLP
ArticleThe Future Of LIBOR - The Initial Discussion Paper From The Wheatley ReviewOn July 2, 2012, Rt. Hon. George Osborne MP, commissioned Mr. Wheatley to undertake a review of the structure and governance of LIBOR and the corresponding criminal sanctions regime.United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleSupreme Court's Dismissal Of Invalidity Counterclaim Based On Covenant Not To Sue Raises New Potential Avenues For Argument In Hatch-Waxman Act CasesLast week, in a trademark decision that has potential implication in patent cases, the Supreme Court unanimously affirmed the dismissal for lack of jurisdiction of an alleged infringer's counterclaim for trademark invalidity after the trademark owner provided a covenant not to sue.United StatesIntellectual PropertyPaul Hastings LLP
ArticleADEA Changes: EEOC Muddles The RFOA Defense To Disparate-Impact Age Bias ClaimsOn March 30, 2012, the Equal Employment Opportunity Commission ("EEOC") issued the final rule to amend its Age Discrimination in Employment Act ("ADEA") regulations concerning the reasonablefactors- other-than-age ("RFOA") defense to disparate-impact claims.United StatesEmployment and HRPaul Hastings LLP
ArticleGuidance On The U.S. Foreign Corrupt Practices Act From The Department Of Justice And The Securities & Exchange Commission: The Key, As With The U.K. Bribery Act And The OECD Anti-Bribery Convention, Is A Robust Compliance ProgramA year in the making and on the eve of a major FCPA conference, on November 14, 2012 the Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") issued a joint publication called the Resource Guide to the U.S. Foreign Corrupt Practices Act ("Guide") which outlines the government’s interpretation of the law, provides insight into the government’s enforcement priorities, and provides a tangible and concrete understanding of how the government exercises its discretionGlobalCriminal LawPaul Hastings LLP
ArticleQuarterly FCPA Report: Second Quarter 2011 - Courtroom Activity Defines The Second Quarter Of 2011The second quarter of 2011 was an action packed three months for the Foreign Corrupt Practices Act ("FCPA"), which included judicial opinions, jury verdicts, and a Congressional hearing. United StatesCriminal LawPaul Hastings LLP
ArticleNYSE And NASDAQ Issue FINAL Listing Rule Changes For Compensation Committees And Compensation AdvisersThe NYSE and NASDAQ have recently finalized changes to their listing standards addressing compensation committee independence and committee responsibilities.United StatesCorporate/Commercial LawPaul Hastings LLP
ArticlePLMJ Is The Only Portuguese Law Firm Shortlisted For The Legal Innovation Awards 2016The Legal Innovation Awards recognise law firms that are shaping the future of the legal profession with the work they do in the area of managementPortugalLaw Practice ManagementPLMJ
ArticleUK Employment Law: The Hot TopicsThis Stay Current flags the latest employment law and employment related developments affecting UK Employers. Undoubtedly, the issue of retirement and age discrimination is shaping up to be this year’s hot topic but others are not far behind.United KingdomEmployment and HRPaul Hastings LLP
Article2013 Revised (Higher) Hart-Scott-Rodino Act ThresholdsThe Federal Trade Commission ("FTC") has announced its 2013 jurisdictional and filing fee thresholds under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976, as amended (the "HSR Act"). United StatesAntitrust/Competition LawPaul Hastings LLP
ArticleThe Volcker Rule’s Impact On Bridge LoansThis client alert represents the second installment in a series of client alerts that will explore various issues presented by the current interagency proposal to implement the Volcker Rule. United StatesConsumer ProtectionPaul Hastings LLP
ArticleCartel Regulation 2011 — Global OverviewThe number of countries across the globe that actively pursue cartel enforcement continues to increase, and more countries are imposing significant fines on corporations and creating criminal enforcement programmes. United StatesAntitrust/Competition LawPaul Hastings LLP
ArticleCFPB Seeks Comment On CARD Act’s Impact On Consumer Credit Card MarketPursuant to Section 502 of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD Act"), the Bureau of Consumer Financial Protection ("CFPB") is conducting a review of the consumer credit card market. United StatesConsumer ProtectionPaul Hastings LLP
ArticleFederal Circuit Signals Reigning In Of Janssen And Rasmusson On Enablement/UtilityOn Friday, July 29, 2011, the Federal Circuit issued a decision reversing the District of New Jersey's ruling that patent claims covering the use of tomoxetine (marketed as Strattera®) to treat attention deficit/hyperactivity disorder (''ADHD'') are invalid for lack of ''enablement/utility.United StatesEnergy and Natural ResourcesPaul Hastings LLP
ArticleDo Banks Have A Fiduciary Duty To Shed Their BHC Status?The last thirty years have witnessed a dramatic rise in bank adoption of the bank holding company ("BHC") structure. Inherent in this trend is an apparent accepted orthodoxy about the need of such structures from both a business and regulatory perspective. United StatesFinance and BankingPaul Hastings LLP
ArticleHow To Keep One’s Registered Trademark From Becoming A .XXX Domain NameAfter years of consideration, the Internet Corporation for Assigned Names and Numbers ("ICANN") has approved the use of the .XXX top level domain ("TLD") for adult entertainment websites. United StatesIntellectual PropertyPaul Hastings LLP
ArticleNYSE And NASDAQ Issue Proposed Listing Rule Changes For Compensation Committees And Compensation AdvisersOn September 25, 2012, the New York Stock Exchange ("NYSE") and The NASDAQ Stock Market LLC ("NASDAQ") proposed rule changes1 addressing the independence of compensation committees and their advisers. United StatesFinance and BankingPaul Hastings LLP
ArticleU.S. Supreme Court Further Limits Class ArbitrationOn April 27, 2011, in "AT&T Mobility LLC v. Concepcion", a sharply divided U.S. Supreme Court ruled that the Federal Arbitration Act ("FAA") preempted California’s judicially created "Discover Bank" rule, which found waivers of class arbitration in most consumer contracts to be unconscionable and therefore unenforceable. United StatesLitigation, Mediation & ArbitrationPaul Hastings LLP
ArticleRegulation LL And Recent Developments Under The Federal Reserve Board’s Control Rules: Issues For All Holding Companies And InvestorsThe federal banking laws require that appropriate regulatory approvals must be obtained before an individual or company may take actions to directly or indirectly "control" a bank or savings association.United StatesCorporate/Commercial LawPaul Hastings LLP