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On March 1, 2012, the Act for the Further Facilitation of the Restructuring of Companies (ESUG) came into effect.

The Commodity Futures Trading Commission (the "Commission" or "CFTC") is proposing to establish a framework for implementing position limits for certain physical commodity derivatives, including exchange-traded futures and options on futures contracts and swaps that are economically equivalent to such contracts, in accordance with Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act").

Hong Kong has become one of the world’s leading destinations for initial public offerings and has recently experienced record years in terms of the number of listings and overall deal value.

In coordinated actions to address the turmoil in the financial markets, the Department of the Treasury (“Treasury”) and the Federal Deposit Insurance Corporation (“FDIC”) have recently taken steps to open the door for US banks and thrifts to issue residential mortgage covered bonds (“Covered Bonds”).

Nineteen states have introduced false claims legislation patterned after the federal False Claims Act within the last year—the vast majority in 2007. Although this is normally a busy time for new legislative proposals, the rapid rate at which state legislatures are introducing these bills indicates that most of them have been prompted by the ten percent financial incentive offered under the Deficit Reduction Act ("DRA") that took effect on January 1, 2007.

On August 22, 2012, the SEC staff issued Frequently Asked Questions to provide guidance on certain provisions of the Jumpstart Our Business Startups Act ("JOBS Act") which affect research analysts and underwriters.

On October 3, 2008, the President signed the Emergency Economic Stabilization Act of 2008, which among other things seeks to remove troubled mortgage and mortgage-related assets from the books of a broad range of financial institutions by transferring them to the US Treasury.

On 6 August 2010, the UK’s Office of Fair Trading ("OFT") launched a market study into equity underwriting and associated services. This review could lead to regulatory reform and/or enforcement action.

A report issued by the Federal Trade Commission ("FTC") on Nov. 17, 2009, shows that merger enforcement activity at the FTC has increased over the past year.

This week, in a 6 - 3 decision, the Supreme Court held that a plaintiff bringing a securities class action under Section 10(b) of the Exchange Act need not prove the materiality of the putative misstatement at the class certification stage to invoke the presumption of reliance established in Basic v. Levinson.

Recently, the Delaware Court of Chancery issued a decision, “San Antonio Fire & Police Pension Fund v. Amylin Pharmaceuticals, Inc.” (“Amylin”), interpreting a “Continuing Director” clause contained in a change of control provision commonly found in many indentures and loan agreements.

Today, the Federal Reserve published in the Federal Register proposed guidance on incentive compensation policies at banking organizations (the “Guidance”).

In an April 2 release, the Securities and Exchange Commission moved its Regulation Fair Disclosure guidance into a new era.

Recently, the Ninth Circuit clarified its approach to determining the nature of the attorney-client relationship between corporate employees and corporate counsel.

For several years, the Justice Department has been advocating for and employing a harsh and aggressive False Claims Act damages methodology that distorts the government's actual damages and leads to unwarranted FCA recoveries.

Traditional wisdom suggests avoiding politics and religion as conversation topics over the holidays. An autumn spate of SEC enforcement actions suggests a third conversation topic should be avoided: events at work.

Even as it acknowledged a circuit split on two major issues affecting the False Claims Act, the Solicitor General informed the Supreme Court, via an amicus brief in Ortho Biotech Products, L.P. v. United States ex rel. Duxbury, No. 09-654, that the United States’s preference is that these disparities remain unresolved – at least for now.

The problems that began in the subprime mortgage market have expanded exponentially and caused large losses throughout the financial services industry.