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  • Article

    Loan Prohibition and Anti-Retaliation Provisions of the Sarbanes-Oxley Act of 2002

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

    Quarterly FCPA Report: Second Quarter 2011 - Courtroom Activity Defines The Second Quarter Of 2011

    The 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    CFPB Seeks Comment On CARD Act’s Impact On Consumer Credit Card Market

    Pursuant 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 Protection
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Circuit Signals Reigning In Of Janssen And Rasmusson On Enablement/Utility

    On 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 Resources
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Do 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 Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    The Recently Introduced FTT - What’s New And What Are The Implications For FTT Taxpayers?

    A discussion on the subject of a new tax on the value of the transfer.
    United StatesTax
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    NYSE And NASDAQ Issue FINAL Listing Rule Changes For Compensation Committees And Compensation Advisers

    The NYSE and NASDAQ have recently finalized changes to their listing standards addressing compensation committee independence and committee responsibilities.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    U.S. Supreme Court Further Limits Class Arbitration

    On 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 & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    CFPB Advises Consumer Reporting Agencies On Streamlined Process For Free Annual Consumer Reports

    On November 29, 2012, the Consumer Financial Protection Bureau ("CFPB") issued a bulletin ("Bulletin") warning that Nationwide Specialty Consumer Reporting Agencies ("NSCRA") who are not compliant with the Fair Credit Reporting Act’s ("FCRA") Regulation V must "take immediate steps to comply."
    United StatesConsumer Protection
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Guidance 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 Program

    A 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 discretion
    GlobalCriminal Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    ADEA Changes: EEOC Muddles The RFOA Defense To Disparate-Impact Age Bias Claims

    On 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 HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    What UK Employers Need To Know: Staying Ahead In 2012

    We outline the key forthcoming and recent legislative developments in UK employment law for 2012 and summarize the new rates and limits. We also take a look at what is on the horizon so you can stay ahead and we identify the key employment cases due before the European court, the UK courts and the employment tribunals this year.
    United KingdomEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Recent Challenges to Definition Of "Foreign Official" Reinforce Government’s Broad Interpretation

    Critics of the Foreign Corrupt Practices Act ("FCPA"), which prohibits U.S. individuals or businesses from bribing foreign officials to gain a commercial advantage, have long criticized the law’s broad scope, arguing that its vague terminology and lack of interpreting case law can leave international corporations operating in a grey zone with respect to who is and is not a "foreign official" covered by the law.
    United StatesCriminal Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    More Challenges For Federal Contractors As OFCCP Turns Its Focus To Employees With Disabilities

    On December 9, 2011, the Office of Federal Contract Compliance Programs ("OFCCP") issued proposed regulations (the "Proposed Regulations") to implement Section 503 of the Rehabilitation Act of 1973, as amended ("Section 503").
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Novel PPACA "Play-Or-Pay" Compliance Techniques

    The 2010 health care reform act requires all but small employers to offer affordable, minimum value, minimum essential health coverage to at least 95% of their full-time employees or to pay significant excise tax penalties.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Time For A Change - The Thrift Charter And Strategic Considerations For Conversion

    The Dodd-Frank Wall Street Reform and Consumer Protection Act ("DFA") is having a significant impact throughout the financial services industry, but its effects are particularly acute for the U.S. thrift industry.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    NYSE And NASDAQ Issue Proposed Listing Rule Changes For Compensation Committees And Compensation Advisers

    On 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 Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Thirteen New California Laws Will Affect Employers With Operations In The State

    Throughout September, California Governor Jerry Brown signed hundreds of bills amending existing laws or enacting new laws.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Regulation LL And Recent Developments Under The Federal Reserve Board’s Control Rules: Issues For All Holding Companies And Investors

    The 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Proposed Rule May Add Confusion To Already Complex Export Control Regulations

    The United States has some of the most comprehensive and robust export controls on Earth, yet many are holdovers from the Cold War era that no longer adequately address the unique national security threats of the twenty-first century.
    United StatesInternational Law
    Paul Hastings LLP
    Paul Hastings LLP

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