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  • Article

    Foreign Employee Requirements Clarified

    The Ukrainian authority charged with the issuance of work permits has recently clarified the law relating to the employment of foreigners in Ukraine (Letter of the State Employment Center dated March 24, 2006, No. DTs-12- 1556/0/6-06 "Concerning the Use by Employers of Foreign Nationals and Persons without Nationality as Hired Labor").
    UkraineGovernment, Public Sector
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Non-Deliverable Derivatives Transactions May Become Enforceable Under Russian Law

    The legal uncertainty created by the application by Russian courts of Article 1062 (concerning gaming and betting) of the RF Civil Code after 1998 is intended to be addressed by a new section, 1062.2, the first reading of which was approved on June 16, 2006.
    RussiaFinance and Banking
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Court Order Temporarily Stops New U.S. Patent Rules

    On October 31, 2007, a U.S. District Court issued a Temporary Restraining Order ("TRO") stopping the U.S. Patent Office from implementing a series of new rules that would have drastically changed the patent application process on November 1, 2007. For additional detail regarding the new rules, please view our recent client alert.
    United StatesIntellectual Property
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Treasury And IRS Issue Long-Awaited Final 409A Regulations

    Recently, the Treasury Department and Internal Revenue Service issued long-awaited final regulations under Internal Revenue Code Section 409A. The Treasury and IRS have been working on these final regulations for over 18 months, since they issued the proposed regulations under 409A in late September 2005.
    United StatesTax
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Currency Restrictions Lifted Ahead of Schedule

    The RF Central Bank (the "CBR") recently has announced that the requirement to hold special transaction accounts and noninterest reserves for certain transactions will be lifted on July 1, 2006, as opposed to the original deadline of January 1, 2007.
    RussiaFinance and Banking
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    New Banking Amendment Could "Privatize" Payments System

    A draft amendment to the Federal Law "On Banks and Banking Activities" that allows companies other than credit institutions to accept payments that usually fall under banks’ jurisdiction (the "Payments Amendment") passed its third reading by the State Duma on July 7, 2006.
    RussiaFinance and Banking
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Supreme Commercial Court Reconfirms Civil Remedies Against State-Owned Enterprises

    Resolution of the Plenum of the Supreme Arbitration (Commercial) Court of the RF (the "Resolution") concerning the application of Section 120 of the Civil Code with respect to state- and municipality-owned enterprises, was adopted on June 22, 2006 by the Court’s plenary sessi
    RussiaFinance and Banking
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Enforcement of Decisions of the European Court for Human Rights

    On March 20, 2006, the President of Ukraine signed into law Law No. 3477-IV "On the Procedure for Enforcement of Decisions of the European Court for Human Rights." This law is a further step in the process of bringing Ukraine's enforcement system in line with international standards.
    UkraineInternational Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Payments to Universal Communications Services Reserve Fund Declared Unconstitutional

    The RF Constitutional Court (the "Constitutional Court") recently ruled in favor of public communications network operators in a case initiated by the Koryaksky Autonomous District Duma.
    RussiaCorporate/Commercial Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Treasury And IRS Extend Deadline For Amending Plans To Comply With 409A And Provide Additional 409A Relief

    Yesterday, in response to a letter submitted by 92 prominent law firms, including Chadbourne & Parke LLP, the Treasury Department and Internal Revenue Service issued additional transitional relief under Internal Revenue Code Section 409A. The transitional relief provides an extra year (until the end of 2008) for companies to bring their nonqualified deferred compensation arrangements into documentary compliance with 409A.
    United StatesCorporate/Commercial Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Treasury And IRS Extend Deadline For Amending Plans To Comply With 409A And Provide Additional 409A Relief

    Yesterday, in response to a letter submitted by 92 prominent law firms, including Chadbourne & Parke LLP, the Treasury Department and Internal Revenue Service issued additional transitional relief under Internal Revenue Code Section 409A.
    United StatesTax
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    FTC Order In The Rambus, Inc. SDRAM Matter Sheds Light On The Commission’s Ability To Fashion Broad Remedies For Competitive Harm

    In February 2007, the Federal Trade Commission (FTC) issued a final opinion and order that requires Rambus, Inc. to license its SDRAM and DDR SDRAM technology. In addition to the licensing requirement, the FTC order prohibits Rambus from making misrepresentations or omissions to any standard-setting organisation, establishes the maximum royalty rate that Rambus can collect for licensing of its SDRAM and DDR SDRAM technology, and requires that Rambus implement control measures to ensure complianc
    United StatesAntitrust/Competition Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    STATES (1) - FEDS (0): FTC’s Bid to Block Natural Gas Acquisition Rejected Under State Action Immunity Doctrine

    On May 15, 2007, a U.S. District Judge for theWestern District of Pennsylvania dismissed the U.S. Federal Trade Commission’s (FTC) request for a preliminary injunction blocking Equitable Resources Inc.’s proposed acquisition of a Pennsylvania natural gas company.
    United StatesAntitrust/Competition Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    U.S. Supreme Court Holds That Federal Securities Regulations Immunize IPO Underwriters From Antitrust Liability

    On June 18, 2007, in a 7-1 decision, the U.S. Supreme Court in Credit Suisse Securities (USA) LLC v. Billing, U.S., No. 05-1157 127 S.Ct. 2383, 2007 U.S. LEXIS 7724 (Jun. 18, 2007) held that securities laws implicitly preclude the application of antitrust law to investment bank underwriters of initial public offerings of securities because they face active regulation by the U.S. Securities and Exchange Commission.
    United StatesAntitrust/Competition Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    U.S. Supreme Court To Review Standard For Pleading Scienter In Securities Fraud Actions

    The U.S. Supreme Court has granted certiorari in a case that is likely to resolve a split of authority concerning the requirements for pleading scienter in federal securities fraud actions. The applicable standard is set forth in the Private Securities Law Reform Act of 1995 (PSLRA), which requires that "the complaint shall . . . state with particularity facts giving rise to a strong inference" that the defendant acted with scienter, i.e., fraudulent intent.
    United StatesLitigation, Mediation & Arbitration
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Increasing Focus On Competition In Energy Markets: FTC Approves Complaint Seeking To Block Acquisition Of Giant Industries, Inc.

    On April 10, 2007, the Federal Trade Commission (FTC) approved a complaint in opposition to Western Refining, Inc.’s (Western) acquisition of Giant Industries, Inc (Giant). The proposed acquisition, which is valued at approximately $1.4 billion, would combine two of the five bulk suppliers of light petroleum products to northern New Mexico
    United StatesAntitrust/Competition Law
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Don’t Forget To File HSR: Hedge Fund Director Fined $250,000 For Alleged HSR Violations

    On May 21, 2007, the U.S. Department of Justice (DOJ) filed a complaint in U.S. District court to obtain civil penalties against James Dondero, a hedge fund director of Highland Capital Management (Highland), for violating premerger notification requirements of the Hart-Scott- Rodino (HSR) Notification Act, Section 7A of the Clayton Act, 15 U.S.C. § 18a, as amended.
    United StatesLitigation, Mediation & Arbitration
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Client Alert: Treasury And IRS Issue Interim 409A Reporting And Withholding Requirements Guidance For 2007

    The Treasury Department and Internal Revenue Service recently issued interim guidance regarding reporting and withholding requirements under 409A for 2007.
    United StatesTax
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Recent Precedent Provides Liability To Board Members In Bankruptcy Of Bank

    Moscow District’s Commercial Court recently adopted an unprecedented decision, ruling that the debt of an insolvent bank must be repaid by both the bank’s former executive officers and its board members (after the repayment of debts out of the assets of the bank).
    RussiaFinance and Banking
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP
  • Article

    Supreme Court Decision Allows A Patent Licensee To Dispute The Patent And Seek A DJ Without First Breaching The Patent License

    A declaratory judgment (DJ) action may typically be brought by a potential patent infringer to seek a judicial declaration that a patent is invalid, not infringed or unenforceable. Historically, a DJ may only be brought if there is a reasonable apprehension of a patent infringement suit.
    United StatesIntellectual Property
    Chadbourne & Parke LLP
    Chadbourne & Parke LLP

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