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  • Article

    Senate Passes Patent Reform Bill — Significant Changes To U.S. Patent System To Come

    Today the U.S. Senate endorsed all provisions in H.R. 1249: Leahy-Smith America Invents Act, a comprehensive patent reform bill.
    United StatesIntellectual Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Ninth Circuit Strengthens Pleading Standard In Section 11 Claims: In Re Century Aluminum Co. Securities Litigation

    A 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Banking Agencies Propose New Guidance On Leveraged Finance

    On 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 Banking
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    New Italian Measures Facilitate Debt Restructuring And Protect DIP Financing - Update

    This 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-Structuring
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Commercial Aftershocks Of The Great Eastern Japan Earthquake: Force Majeure And Related Issues

    The 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    FCC Overhauls Media Ownership Rules

    United StatesMedia, Telecoms, IT, Entertainment
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    FinCEN Prepaid Access Rule Imposes New Compliance Duties On Non-Bank Money Services Businesses

    On 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Unclear Whether Latest Preemption Developments Create Clear Path Or Muddy Waters For Federally Chartered Banks

    Recent 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Second Circuit Provides Cautionary Tale For Contractual Provisions Negating Third Party Enforcement

    It 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Ninth Circuit Addresses Emerging Issues In ATS Litigation

    On 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 & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Fifth 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 Case

    On 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-Structuring
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Second Circuit Issues Two Key Enforcement Rulings

    On 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 Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    The Federal Energy Regulatory Commission (“FERC”) Shakes Up Regional Markets

    United StatesInternational Law
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Circuit’s Myriad Decision Reaffirms Patentability Of Isolated DNA Sequences

    On 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 Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Federal Circuit Reaffirms Patentability Of Isolated DNA Molecules In View Of Supreme Court’s Mayo v. Prometheus Decision

    On 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 Property
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Standing Requirements In California UCL Cases Brought In Federal Court In The Wake Of Tobacco II And Kwikset

    Much 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 & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Maples Group Deal Announcement - Hong Kong - August 2021

    Please 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 Banking
    Maples Group
    Maples Group
  • Article

    Recent Developments in Secondary Liability Under Section 10(b) and Rule 10b-5 - Central Bank Encounters the "Perfect Storm"

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

    FCC Overhauls Media Ownership Rules

    United StatesMedia, Telecoms, IT, Entertainment
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    SEC Finalizes Rules To Implement Dodd-Frank Act Regulation Of Private Investment Funds And Their Managers

    On 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 Banking
    Paul Hastings LLP
    Paul Hastings LLP

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