ArticleSenate Passes Patent Reform Bill — Significant Changes To U.S. Patent System To ComeToday the U.S. Senate endorsed all provisions in H.R. 1249: Leahy-Smith America Invents Act, a comprehensive patent reform bill.United StatesIntellectual PropertyPaul Hastings LLP
ArticleNinth Circuit Strengthens Pleading Standard In Section 11 Claims: In Re Century Aluminum Co. Securities LitigationA discussion on the recent opinion, in re Century Aluminum Co. Securities Litigation,where the Ninth Circuit provided support for an increasingly vigorous application of the Twombly/Iqbal pleading standard.United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleFederal Banking Agencies Propose New Guidance On Leveraged FinanceOn March 26, 2012, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation (collectively, the "Agencies") jointly issued for comment proposed new leveraged lending guidance, to be applicable to substantially all financial institutions regulated by the Agencies, that would replace the existing guidance issued in April 2001.United StatesFinance and BankingPaul Hastings LLP
ArticleNew Italian Measures Facilitate Debt Restructuring And Protect DIP Financing - UpdateThis is an updated version of the StayCurrent Client Alert published on 2 July 2012 "New Italian Measures Facilitate Debt Restructuring and Protect DIP Financing", following the conversion of law decree No. 83 of 22 June 2012 (with amendments) (the "Decree") into law No. 134 of 7 August 2012.ItalyInsolvency/Bankruptcy/Re-StructuringPaul Hastings LLP
ArticleCommercial Aftershocks Of The Great Eastern Japan Earthquake: Force Majeure And Related IssuesThe March 11, 2011 Tōhoku earthquake and tsunami, which the Japanese government formally named as the "Great Eastern Japan Earthquake" (Higashi Nihon Daishinsai) was undeniably a disaster of Biblical proportions. United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleFCC Overhauls Media Ownership RulesUnited StatesMedia, Telecoms, IT, EntertainmentPaul Hastings LLP
ArticleFinCEN Prepaid Access Rule Imposes New Compliance Duties On Non-Bank Money Services BusinessesOn July 26, 2011, the Financial Crimes Enforcement Network ("FinCEN") issued a long-awaited final rule implementing the Bank Secrecy Act ("BSA") applicable to Money Services Businesses ("MSBs") with regard to stored value, or prepaid access ("Prepaid Access Final Rule" or "Final Rule").United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleUnclear Whether Latest Preemption Developments Create Clear Path Or Muddy Waters For Federally Chartered BanksRecent pronouncements from the courts and the Office of the Comptroller of the Currency ("OCC") have begun to shed some light on what preemption for national banks and federal savings associations will look like on and after July 21, 2011, the effective date of the preemption provisions of Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act").United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleSecond Circuit Provides Cautionary Tale For Contractual Provisions Negating Third Party EnforcementIt has long been the case that third party beneficiaries may, under certain circumstances, enforce a contract to which they are not a party. United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleNinth Circuit Addresses Emerging Issues In ATS LitigationOn October 25, 2011, the United States Court of Appeals for the Ninth Circuit, sitting en banc, decided Sarei v. Rio Tinto, PLC. United StatesLitigation, Mediation & ArbitrationPaul Hastings LLP
ArticleFifth Circuit Affirms Below-Market Interest Rate Used In Cramdown Of Secured Lender In Chapter 11 Plan Based On "Prime-Plus" Formula Established By Supreme Court In Chapter 13 CaseOn March 1, 2013, the Court of Appeals for the Fifth Circuit held in "In re Texas Grand Prairie Hotel Realty" that a bankruptcy court did not err when it confirmed a "cramdown" chapter 11 plan that proposed to pay a dissenting secured lender interest calculated at the national prime rate plus 1.75%.United StatesInsolvency/Bankruptcy/Re-StructuringPaul Hastings LLP
ArticleSecond Circuit Issues Two Key Enforcement RulingsOn January 26, 2012, the U.S. Court of Appeals for the Second Circuit issued its long-anticipated ruling in Chevron Corp. v. Naranjo,1 in which it previously vacated an anti-enforcement judgment prohibiting a group of Ecuadorian plaintiffs from seeking to enforce an $18 billion judgment anywhere outside of Ecuador. United StatesCorporate/Commercial LawPaul Hastings LLP
ArticleThe Federal Energy Regulatory Commission (“FERC”) Shakes Up Regional MarketsUnited StatesInternational LawPaul Hastings LLP
ArticleFederal Circuit’s Myriad Decision Reaffirms Patentability Of Isolated DNA SequencesOn July 29, 2011, The U.S. Court of Appeals for the Federal Circuit decided "Ass'n for Molecular Pathology v. Myriad Genetics, Inc. See" No. 2010-1406 (Fed. Cir. July 29, 2011).United StatesIntellectual PropertyPaul Hastings LLP
ArticleFederal Circuit Reaffirms Patentability Of Isolated DNA Molecules In View Of Supreme Court’s Mayo v. Prometheus DecisionOn August 16, 2012, the U.S. Court of Appeals for the Federal Circuit decided Ass’n for Molecular Pathology v. Myriad Genetics, Inc., No. 2010-1406, on remand from the Supreme Court to consider the impact of Mayo Collaborative Services v. Prometheus, Inc., 566 U.S. ___, 132 S. Ct. 1289 (2012). United StatesIntellectual PropertyPaul Hastings LLP
ArticleStanding Requirements In California UCL Cases Brought In Federal Court In The Wake Of Tobacco II And KwiksetMuch has been written about the California Supreme Court’s developing jurisprudence regarding the standing requirements of California’s Unfair Competition Law ("UCL") Cal. Bus. & Prof. Code § 17200, et seq. and California’s False Advertising Law ("FAL") Cal. Bus. & Prof. Code § 17500, et seq., specifically in the wake of the Court’s opinions in In re Tobacco II Cases, 46 Cal. 4th 298 (2009) and Kwikset Corp. v. Super. Ct. (Benson), 51 Cal. 4th 310 (2011). United StatesLitigation, Mediation & ArbitrationPaul Hastings LLP
ArticleMaples Group Deal Announcement - Hong Kong - August 2021Please find below details of some of the notable transactions on which Maples and Calder, the Maples Group's law firm in Hong Kong...GlobalFinance and BankingMaples Group
ArticleRecent Developments in Secondary Liability Under Section 10(b) and Rule 10b-5 - Central Bank Encounters the "Perfect Storm"United StatesFinance and BankingPaul Hastings LLP
ArticleFCC Overhauls Media Ownership RulesUnited StatesMedia, Telecoms, IT, EntertainmentPaul Hastings LLP
ArticleSEC Finalizes Rules To Implement Dodd-Frank Act Regulation Of Private Investment Funds And Their ManagersOn June 22, 2011, the Securities and Exchange Commission (the "SEC") adopted rules and rule amendments (the "Final Rules") designed to implement a number of significant changes applicable to private investment funds and their managers imposed by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act").United StatesFinance and BankingPaul Hastings LLP