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  • 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
  • Article

    FRB Proposes Rules For Remittance Transfers

    Signed into law July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act" or the "Act") required implementation of almost all of its provisions through regulations to be promulgated by various agencies over the ensuing 18 months.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Health Care Act W-2 Requirements: To Report or Not To Report—That is the Question

    The Patient Protection and Affordable Care Act amended the Internal Revenue Code ("Code") to generally mandate that employers report on Form W-2 the aggregate cost of employer-sponsored health care coverage (the cost of coverage that is non-taxable under Code Section 106 or would be non-taxable if provided by an employer) for most types of plans with respect to 2012 and beyond.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    EEOC Releases Final Regulations Significantly Expanding Coverage Under The Americans With Disabilities Act

    Last week, the Equal Employment Opportunity Commission (the "EEOC") released its final Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as Amended (the "Final Regulations"),
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Fed Consolidated Regulation Poses New Challenges For Savings And Loan Holding Companies

    The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act") transfers supervisory functions related to savings and loan holding companies ("SLHCs") and their non-depository subsidiaries to the Board of Governors of the Federal Reserve System ("Board") on July 21, 2011 ("Transfer Date").
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    SEC And CFTC Adopt Private Fund Adviser Reporting Form

    In late October 2011, the U.S. Securities and Exchange Commission (the "SEC") and the U.S. Commodity Futures Trading Commission (the "CFTC", and collectively with the "SEC", the "Commissions") jointly adopted Form PF and accompanying rules under the Investment Advisers Act of 1940 and the Commodity Exchange Act of 1936 ("Final Rules") to implement certain provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act").
    United StatesStrategy
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Order No. 1000 - One-Year Later

    Compliance filings to implement the regional planning and cost allocation provisions of Order No. 10001 have been submitted to the Federal Energy Regulatory Commission ("FERC" or the "Commission") since October.
    United StatesAntitrust/Competition Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Reserve Board Introduces Dodd-Frank Enhanced Prudential Supervision And Early Remediation Rules For Foreign Banking Organizations

    The Federal Reserve Board ("FRB") recently announced the issuance of proposed rules to impose enhanced prudential standards and early remediation requirements on certain foreign banking organizations.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Amgen Punctuates Circuit Split: What Must Plaintiff Prove To Establish The "Fraud-On-The-Market" Presumption At Class Certification?

    This Stay Current analyzes a recent Ninth Circuit decision that impacts securities class action litigants at the class certification stage.
    United StatesLitigation, Mediation & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    The Second Circuit’s New 6-Factor Test for Analyzing Joint Employer Liability Under the FLSA and Its Potential Impact on Legitimate Outsourcing Agreements

    Latest news regarding the second circuit's new test.
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Proposal To Revise Rules On Small Generator Interconnections

    The NOPR proposes four reforms geared towards increasing efficiency of small generator interconnections and decreasing costs and barriers to interconnection.
    United StatesEnvironment
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    An Investment Adviser Cannot Be Sued In Private Action Under Rule10B-5 For Inaccurate Statements In A Mutual Fund Prospectus

    In a highly anticipated 5-4 decision, the Supreme Court resolved a split in the circuits and held that an investment adviser to a mutual fund could not be sued under Rule 10b-5 in a private action for incorrect or misleading statements in a mutual fund prospectus, even though the adviser may have prepared those statements.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Section 13 SEC Reporting By Advisers And Brokers And Section 16 SEC Reporting By "Insiders" Of Public Companies

    Under the Securities Exchange Act of 1934, as amended, advisers and brokers who exercise investment discretion over accounts which hold exchange traded equity securities may be required to file acquisition and ownership reports.
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Seventh Circuit Takes Broad View Of FTAIA

    In a much-awaited decision, the Seventh Circuit has taken a broad view of the ability of U.S. courts to hear antitrust cases concerning alleged foreign cartel activity that plaintiffs contend has effects in the U.S.
    United StatesAntitrust/Competition Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Be Wary Of "Backdoor Standstills" In Non-Disclosure Agreements

    make promises you can’t keep…or that you will be unwilling to keep as evolving circumstances give rise to temptation to renege on a prior agreement.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Hedge Fund Report Summary Of Key Developments - Spring 2011

    On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act")
    United StatesFinance and Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Outlook For 2011 Of Merger Control In The EU: First Prohibition Decision In More Than Three Years

    For just the 21st time in the 20-year history of EU merger control and the first time in more than three years, the European Commission has prohibited a proposed merger outright.
    European UnionCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Delaware Court Applies Revlon To "Hybrid" Merger And Provides Guidance

    The Delaware Court of Chancery on May 20 rejected a challenge to the merger of Smurfit-Stone Container Corp. with Rock-Tenn Corporation.1 The challengers sought to delay the stockholder vote by claiming that a 50% cash / 50% stock merger was subject to strict judicial scrutiny under the Revlon line of cases and that for several factors.
    United StatesCorporate/Commercial Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    2013 Guidance On PRC Anti-Bribery Law Focuses On Bribe Givers

    Anti-corruption enforcement efforts in China historically have tended to focus on the recipients of bribery
    ChinaCriminal Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Overview And Practical Implications Of Proposed Rules Requiring Employers To Offer Health Coverage Or Pay A Penalty

    On January 2, 2012, the Internal Revenue Service proposed regulations interpreting the employer "play or pay" requirements under the Patient Protection and Affordable Care Act (PPACA).
    United StatesEmployment and HR
    Paul Hastings LLP
    Paul Hastings LLP

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