GUEST AUTHORS
10 May 2013
James G. Carr, Robert S. Risoleo and Dennis C. Sullivan, Sullivan & Cromwell LLP
On May 2, the Securities and Exchange Commission (SEC) proposed rules and interpretive guidance regarding the application of the U.S. regulatory regime…
26 Apr 2013
Richard Capelouto and Atif Azher, Simpson Thacher and Bartlett
The Delaware State Bar Association has proposed an amendment to the Delaware General Corporation Law (DGCL) that may significantly change…
18 Apr 2013
William H. Hinman, Jr. and Daniel N. Webb, Simpson Thacher & Bartlett LLP
When the CEO of Netflix used his personal, publicly available Facebook account to disclose what the SEC thought was material information…
12 Apr 2013
Nicholas Dietrich, Gowling Lafleur Henderson LLP
On March 14, the Canadian Securities Administrators (CSA) published for comment proposed National Instrument 62-105 Security Holder…
11 Apr 2013
Frank Aquila, Michelle Chen, David Harms, Bob Reeder, Glen Schleyer, Marc Trevino and Ben Weiner, Sullivan & Cromwell LLP
If a company has not adequately alerted the market that it will disclose material information through a social media channel, then disclosure…
28 Mar 2013
Frank Aquila, Sarah Payne and Steve Fisher, Sullivan & Cromwell LLP
A key consideration in structuring any acquisition transaction is the assignability and transfer of the target company’s rights and obligations…
22 Mar 2013
Brian T. Frawley, Matthew M. Friestedt, Richard C. Pepperman II, Glen T. Schleyer, J. Michael Snypes, Jr and Jane Y. Wang, Sullivan & Cromwell LLP
While some companies have taken the heightened litigation risk into account in crafting 2013 proxy disclosure, it seems likely that no…
19 Mar 2013
Andrew J. Sherman and R. Christopher Cook, Jones Day
Virtually every corporate M&A or joint venture transaction today involves some international component. Even if the parties are both based…
12 Mar 2013
Matthew Bozzelli, Will Ledbetter, King & Spalding
In this article, King & Spalding’s Public Company Practice Group offers a brief overview of the new NYSE and Nasdaq listing…
7 Mar 2013
Matthew Schwartz and Matthew Peller, Sullivan & Cromwell LLP
In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085 (Feb. 27, 2013), the U.S. Supreme Court held that a…
5 Mar 2013
Glen Schleyer, James Shea and Janet Geldzahler, Sullivan & Cromwell LLP
On Feb. 22, the United States District Court for the Southern District of New York enjoined Apple Inc from proceeding…
28 Feb 2013
William H. Hinman, Jr. and Daniel N. Webb, Simpson Thacher & Bartlett LLP
Recent press stories have revived speculation that corporate insiders may be abusing rule 10b5-1 trading plans to reap unfair…
26 Feb 2013
Joseph B. Crace, David Killion, Bass, Berry & Sims PLC
We last examined the issue of what we referred to as the “flood” of merger litigation approximately a year ago…
22 Feb 2013
Brian V. Breheny and Joseph M. Yaffe, Skadden, Arps, Slate, Meagher & Flom LLP
As companies prepare for the 2013 annual meeting and reporting season, we have compiled an overview of the corporate governance and disclosure...
14 Feb 2013
Brian V. Breheny and Joseph M. Yaffe, Skadden, Arps, Slate, Meagher & Flom LLP
As companies prepare for the 2013 annual meeting and reporting season, an overview of the corporate governance and disclosure matters...
8 Feb 2013
Carol Hansell, Davies Ward Phillips & Vineberg LLP
The response of boards to shareholders seeking to engage with them on issues of governance and performance will…
5 Nov 2012
Jeffrey Stern and Jeanne Naughton-Carr, Pillsbury Winthrop Shaw Pittman LLP
A raft of new regulations mandated by Title VII of the Dodd-Frank Act are just coming into effect and will substantially restructure the swaps and derivatives markets, with implications...
2 Oct 2012
Andrea Kramer, McDermott Will & Emery LLP
Key Dodd-Frank regulatory requirements kick in October 2012. You need to know if you are a swap dealer, a major swap participant or neither, and the definitions and exceptions have changed...
26 Sep 2012
Gordon Schnell and Marlene Koury, Constantine Cannon LLP
Two recent and conflicting court decisions leave an open question over exactly who is covered by the Dodd-Frank Act whistleblower protections...
21 Aug 2012
Thomas A. Sporkin, Robyn C. Quattrone and Stephen M. LeBlanc, BuckleySandler LLP
Due to the financial crisis and prolonged economic downturn, the credit market has contracted considerably. In this cautious investment climate, a start-up company’s ability to secure...
21 Aug 2012
Jeffrey W. Rubin, Hogan Lovells US LLP
A overview of the Jumpstart Our Business Startups Act, including a brief background and a discussion of the act’s principal provisions…
13 Aug 2012
Andrew J. Sherman, Jones Day
The events of the past ten years have placed the discipline of corporate governance under a strategic as well as a regulatory microscope, and have shareholders…
6 Aug 2012
Laura Hewett and Jeff Stein, King & Spalding
The Society of Corporate Secretaries and Governance Professionals held its 66th National Conference last month. This edition of the Public Company Advisor…
24 Jul 2012
Thomas Vita and Kevin Connolly, Norton Rose LLP
As the tides of economic recovery continue to rise and fall and a sea of uncertainty persists, the shipping industry has experienced a battering on the economic high seas…
17 Jul 2012
Alan Prince and Will Ledbetter, King & Spalding
As the 2012 proxy season draws to a close, it is never too early for companies to begin considering lessons from this year’s results and planning for 2013…
3 Jul 2012
Mark S. Bergman and Nitin S. Konchady, Paul, Weiss, Rifkind, Wharton & Garrison LLP
A company with a comprehensive risk oversight function could be well placed to avoid vulnerabilities to cybercrime and approaches taken to deal with the range of…
29 Jun 2012
Ferzana Haq, Of Counsel, Norton Rose (Asia) LLP
Sukuk are labelled as an "alternative" form of financing to conventional bonds; they mirror the economic effect of conventional debt but are in compliance with…
21 Jun 2012
Michelle L. Jacko, Jacko Law Group
Given the number of new regulations and regulatory requirements, firms are faced with a growing number of policies and procedures to develop and implement. This often leads to the question, “are we ready for our regulatory exam?"
13 Jun 2012
The Financial Services Authority's (FSA) recent enforcement action against Greenlight/David Einhorn/Alexander Ten-Holter/Andrew Osborne/Caspar Agnew has been the subject...
11 Jun 2012
Michael N. Obolensky, Bank of Scotland
Almost buried among the more publicized parts of the Dodd-Frank Act are the amendments to the Electronic Fund Transfer Act. These amendments require providers of remittance...
16 May 2012
Neil M. Leff, Regina Olshan, Alessandra K. Murata, Skadden, Arps, Slate, Meagher & Flom LLP
The JOBS Act consists of a package of bills intended to make it easier for smaller companies to raise public and private capital in the U.S. financial markets...
14 May 2012
John K. Hughes, Sidley Austin
Barely a week goes by where there are not multiple press headlines around established investment banking houses…
11 May 2012
Andrea S. Kramer, McDermott Will & Emery
The SEC and the CFTC have begun to issue final rules under Dodd-Frank. Waiting until these rules are finalized to address compliance matters could be costly and unnecessary…
7 May 2012
Robert Evans, Shearman & Sterling LLP
Securities laws changed significantly with the JOBS Act, which eases some rules for companies seeking to access the U.S. capital markets but also poses interesting compliance challenges...
18 Apr 2012
Mark S. Bergman, Paul, Weiss, Rifkind, Wharton & Garrison LLP
The importance of risk oversight and risk management is underscored by the continued uncertainty in the global marketplace due to factors ranging from…
16 Apr 2012
Ford C. Ladd, DiMuroGinsberg
The JOBS Act creates new opportunities for privately-held and smaller publicly-traded companies, but provisions to allow Internet based “crowdfunding” may turn out to be less attractive...
12 Apr 2012
Robert A. Copen, Skadden, Arps, Slate, Meagher & Flom
Upon implementation, certain provisions of Basel III and the Dodd-Frank Wall Street Reform and Consumer Protection Act will compel banks and certain other financial institutions...
12 Apr 2012
Charles Nathan, Latham & Watkins LLP
The discourse over corporate governance has come to resemble something of a Tower of Babel. This essay attempts to bring some coherence to the topic…
10 Apr 2012
Michael R. Littenberg and James Nicoll, Schulte Roth & Zabel LLP
The JOBS Act loosens restrictions around capital raises, lessens both IPO and ongoing disclosure and other obligations for many issuers and reduces the costs of being...
10 Apr 2012
Juan L. Peña and Matthew S. Poulter, Linklaters
Global depositary notes (GDNs), debt instruments that represent the underlying debt security of foreign companies or sovereigns but trade in U.S. dollars, are growing in…
6 Apr 2012
Bert Lacativo, Kristin Trahan Winford, Hannah Zeffiro, Mesirow Financial Consulting, LLC
Companies without enterprise risk management programs are only as strong as their weakest link and need only look to the damage caused by the failures of others...
29 Mar 2012
Mark S. Bergman and Lyudmila Y. Bondarenko, Paul, Weiss, Rifkind, Wharton & Garrison LLP
While it can be debated whether the JOBS Act will have an impact on employment in the U.S., it will have a significant favorable impact on companies seeking to access capital markets…
27 Mar 2012
Andrea Kramer, McDermott Will & Emery LLP
The SEC and the CFTC recently released economic analyses of the credit derivatives markets, listing some of the factors for when a market participant is considered a swap dealer…
15 Mar 2012
Prajakt Samant, Rashpaul Bahia and Simone Goligorsky, McDermott Will & Emery
An examination of certain legislative developments since the publication of the draft European Market Infrastructure Regulation (EMIR) by the European Commission...
6 Mar 2012
Michael J. Macaluso, DLA Piper LLP
On March 30, 2012, the exemption of advisers to private equity funds and other private funds from the requirement to register with the SEC expires…
24 Feb 2012
Timothy P. Harkness, Freshfields Bruckhaus Deringer
Recent media reports and comments by politicians have suggested there is a fraud epidemic in China. However, the increase in cases is not the whole, or even the most important, story...
22 Feb 2012
Renée M. Dailey and Cheri L. Hoff, Bracewell & Giuliani LLP
While 2012 marks the lucky Year of the Dragon, for those “covered companies” under Dodd-Frank, 2012 is the year of the living will…
16 Feb 2012
Edward D. Herlihy, Richard K. Kim, Lawrence S. Makow, Nicholas G. Demmo, David E. Shapiro, Matthew M. Guest, Patricia A. Robinson and David M. Adlerstein, Wachtell, Lipton, Rosen & Katz
The Federal Reserve’s approval today of Capital One’s application to acquire ING Bank, fsb, taken together with its December approval of PNC’s proposed...
14 Feb 2012
Nicholas Dietrich, Gowlings
On December 22, 2011, the Supreme Court of Canada released its opinion to a question posed by way of reference by the Federal Government which sought an advisory opinion from the SCC as to whether the proposed Securities Act…
24 Jan 2012
David Burton (Akin Gump Strauss Hauer & Feld LLP) and Anne Levin-Nussbaum (Attorney)
The tax considerations involved in a business acquisition vary depending on the form of transaction and the types of entities involved. The structure of the transaction will affect the tax consequences arising from the deal…
18 Jan 2012
Francis H. Byrd, Senior Vice President, Laurel Hill Advisory Group
As we approach annual meeting season, it is time to start thinking about the hot button issues that boards and senior management will face - and that may show up in proxy statements - in 2012...
12 Jan 2012
Brian V. Breheny, Marc S. Gerber, Richard J. Grossman, Regina Olshan and Joseph M. Yaffe, Skadden, Arps, Slate, Meagher & Flom
In this two-part series, we provide an overview of the corporate governance and disclosure matters that companies should consider as they gear up for the 2012 annual meeting and reporting season…
10 Jan 2012
Brian V. Breheny, Marc S. Gerber, Richard J. Grossman, Regina Olshan and Joseph M. Yaffe, Skadden, Arps, Slate, Meagher & Flom
With companies gearing up for the 2012 annual meeting and reporting season, we have prepared a two-part overview of the corporate governance and disclosure matters that companies…
28 Dec 2011
Jeffrey T. Hartlin and Samantha H. Eldredge, Paul Hastings
On December 21, 2011, the Securities and Exchange Commission adopted amendments to the definition of “accredited investor” under Regulation D…
15 Dec 2011
Richard B. Friedman and P. Michael Freed, McKenna Long & Aldridge LLP
Few topics in the practice of law generate as much discussion as alternative fee arrangements. While the potential benefits of AFAs are readily apparent and much-discussed, the potential risks are often less obvious…
13 Dec 2011
Michael R. Littenberg, Schulte Roth & Zabel LLP
The NASDAQ OMX Group recently received approval from the SEC to launch its new listing market, the BX Venture Market. The BX Venture Market is intended to serve as a new listing alternative for early stage and smaller companies that do not qualify for a NASDAQ Capital Market listing…
6 Dec 2011
Mark E. Brossman, William H. Gussman, Jr., Ronald E. Richman, Jill L. Goldberg Mintzer and Anne A. Marchessault, Schulte Roth & Zabel
A recent opinion from the United States Court of Appeals for the Second Circuit should reassure employers worried about employee lawsuits alleging the imprudence of investing in company stock…
17 Nov 2011
Robin J.H. Maxwell and Jacques L. Schillaci, Linklaters LLP
The Volcker Rule has loomed as a significant threat to the profitability of many large banking organizations since the Dodd-Frank Wall Street Reform…
1 Nov 2011
Richard Elliott, Davies Ward Phillips & Vineberg
On October 6, 2011, Canada's Competition Bureau released newly revised Merger Enforcement Guidelines. The MEGs set out the analytical framework…
25 Oct 2011
Demetra Karamanos, Linklaters
Last week added another riveting act to the drama that has been unfolding in Greece and much of the Eurozone over the past several years…
20 Oct 2011
Brian M. Resnick and Erika Diane White, Davis Polk & Wardwell
In a recent decision issued in the Lehman Brothers Inc. SIPA proceeding in the Southern District of New York, In re Lehman Brothers Inc., Case No. 08-01420…
11 Oct 2011
Jamie Koumanakos, Blake, Cassels & Graydon LLP
Amidst the current global economic uncertainty, Canada’s economy has remained relatively strong, bolstered in part by a robust commodities sector…
6 Oct 2011
Mark S. Bergman, Paul, Weiss, Rifkind, Wharton & Garrison LLP
The growing level of uncertainty in the global marketplace and increasing complexity in many sectors -- due to factors ranging from volatile currency markets and continued…
29 Sep 2011
J. Kenneth Menges, Jr. and Frank Reddick, Akin, Gump, Strauss, Hauer & Feld
A recent SEC release will give shareholders direct access to company proxies for inclusion of their director nominees. As a result, there are new considerations for companies that are actual or likely targets of a proxy access proposal…
27 Sep 2011
Hong Kong Institute of Chartered Secretaries - Chartered Secretaries Journal
The first international corporate governance conference, jointly organized by the Corporate Secretaries International Association and the Shanghai Stock Exchange, is…
20 Sep 2011
Suzanne Rab, King & Spalding
India’s modern competition law, heralded by the Competition Act 2002, is probably one of the most debated laws in India in recent years…
30 Aug 2011
Samantha Horn, Stikeman Elliott
Canada’s M&A landscape may look like familiar terrain to U.S. counsel. But the broad similarities between Canadian and U.S. law can for that very reason be dangerously misleading…
18 Aug 2011
Jeannemarie O’Brien and Jeremy L. Goldstein, Wachtell, Lipton, Rosen & Katz
A number of derivative suits have been filed in recent months alleging that the senior executive compensation plans at public companies do not comply with Section 162(m) of the Internal Revenue Code...
9 Aug 2011
Juan Lázaro Peña, Linklaters
Against a backdrop of surging commodity prices and strong Brazilian export performance, the Brazilian economy has had a strong run in the years since the global economic crisis. The Brazilian Central Bank, unlike central banks in developed countries coping with the crisis, maintained relatively high interest rates in order to combat domestic inflationary pressures which have encouraged capital inflows from the U.S. and Europe...
4 Aug 2011
Theodore Mirvis, Adam O. Emmerich and Adam M. Gogolak, Wachtell, Lipton, Rosen & Katz
A divided panel of the U.S. Court of Appeals for the Second Circuit has finally issued its opinion in the CSX case in which the District Court addressed whether the long party in a cash-settled total-return equity swap should be considered the beneficial owner of...
2 Aug 2011
Peter LaVigne, Goodwin Procter
Recent legislation and SEC rulemaking in related areas have prompted the SEC to reexamine the financial reporting requirements for registered broker-deals…
28 Jul 2011
Ackneil M. “Trey” Muldrow (Akin Gump Strauss Hauer & Feld) and Louis Kacyn (Egon Zehnder International)
Due diligence for board nominees should be a two-way endeavor, undertaken by the company as well as the nominee. Yet board nominees rarely complete adequate and systematic due diligence on the prospective company and the members of its board of directors prior to joining...
7 Jun 2011
Samantha H. Eldredge and Jeffrey T. Hartlin, Paul, Hastings, Janofsky & Walker
Reg D’s amendment to the definition of “accredited investor” pursuant to the Dodd-Frank Act is likely to reduce the number of persons who qualify as accredited investors under the federal securities laws and may consequently change the landscape for private placement financings...
1 Jun 2011
Michael S. Sackheim and Predrag Rogic, Sidley Austin
This article discusses the recently proposed position limits for derivatives. All of the rules discussed in this article are currently in proposal and comment phase and the final effective rule may be different...
24 May 2011
Andrea S. Kramer, McDermott Will & Emery
In her keynote address to the Third Annual Chicago OTC & Exchange Traded Derivatives Operations Conference, Andrea S. Kramer, discusses the operational challenges firms face in preparing for the implementation of Dodd-Frank…
19 May 2011
Raymond Davern, Conyers Dill & Pearman
A very great deal of global wealth, but particularly Russian, Asian and Middle Eastern/North African wealth, is held through British Virgin Islands business companies...
12 May 2011
Anthony W. Basch, Kaufman & Canoles China Team
In the past two months, the securities of more than a dozen Chinese companies listed on U.S. exchanges have been halted or delisted as a result of allegations of fraud, accounting irregularities or other regulatory concerns...
28 Apr 2011
John K. Hughes, Sidley Austin
The Delaware Court of Chancery continues to scrutinize and speak on M&A sales processes and proxy statement disclosure that raise potential conflicts of interest considerations...
19 Apr 2011
Deborah K. Hayes, Lincoln Financial Group
To observe that the scope and speed of the Dodd-Frank derivatives rulemaking is “unprecedented” is an understatement...
29 Mar 2011
Jeffrey T. Hartlin, Paul, Hastings, Janofsky & Walker
On Sept. 21, 2010, a federal court of appeals reversed the July 2009 decision of a lower court and reinstated an insider trading case brought by the Securities Exchange Commission against Mark Cuban...
23 Feb 2011
Dr. jur. Klaus Peter Follak
The spectacular merger of the NYSE parent company and Deutsche Boerse AG would be a complex multi-jurisdictional transaction governed by both U.S. and EU law...
17 Feb 2011
James C. Chapman and Linlin Li, Foley & Lardner and Corporate Law Attorney, China
2010 was a very strong year for mergers and acquisitions in the Middle Kingdom. Statistics provided by Thomson Reuters show that over 3000 M&A transactions involving Chinese enterprises with a combined US$131.1 billion were reported in 2010...
15 Feb 2011
Jay Holsten and John Roberti, Torys and Mayer Brown
Antitrust laws—also referred to as competition laws—in the United States and Canada afford companies a great deal of discretion in how they distribute their products...
10 Feb 2011
Dr. jur. Klaus Peter Follak
The German Funding Register was introduced to enhance legally valid and enforceable asset and portfolio transfers as a basis for syndicated bank lending, asset-based funding transactions, and pooled funding...
3 Feb 2011
Angela Wang, Angela Wang & Co.
A recent decision of Hong Kong’s Administrative Appeals Board, an independent statutory body set up to hear appeals against a wide variety of administrative decisions…
1 Feb 2011
Heather Lennox and Joseph M. Witalec, Jones Day
This year may prove to be a watershed for local government entities facing unsustainable tax and budgetary shortfalls, record levels of unemployment, falling real estate values, underfunded pension liabilities...
22 Dec 2010
Michael L. Zuppone, Robert R. Carlson and Meagan Olsen, Paul, Hastings, Janofsky & Walker LLP
On August 25, 2010, the United States Securities and Exchange Commission (the “SEC”) adopted comprehensive revisions to the federal proxy rules in order to facilitate shareholders’ ability to exercise the rights afforded to them under state law to...
16 Dec 2010
Edward P. Smith, Chadbourne & Parke LLP
Employment lawyers and benefit consultants have been scrambling during the past few years to ensure that employment arrangements providing for nonqualified deferred compensation...
14 Dec 2010
Keir D. Gumbs and Matthew C. Franker, Covington & Burling
As part of its effort to improve corporate governance practices at public companies, the Dodd-Frank Act included a number of provisions aimed at greater shareholder oversight of executive compensation. This article highlights steps public companies should be taking to implement the Act for the 2011 proxy season and areas for which a wait-and-see approach would be prudent…
2 Dec 2010
Paul Tetlow and Christopher Raggett, Hunton & Williams
Quoted companies are turning to the cash box structure more than ever before as a way of raising capital quickly and without the need for shareholder approval. Where such transactions are transparent and the reasons for them are communicated to investors…
11 Nov 2010
Paul Tetlow and Christopher Raggett, Hunton & Williams
In July 2003, AIM introduced an expedited admission route for companies already quoted on certain other exchanges (“quoted applicants”). The intention was to encourage more…
2 Nov 2010
Wael Jabsheh, Akin Gump Strauss Hauer & Feld LLP
A large number of global financial institutions and fund managers are intrigued by the possibility of raising a Shariah compliant fund targeting Middle Eastern investors...
28 Oct 2010
Jean-Philippe Brisson, Juan L. Pena and Demetra Karamanos, Linklaters LLP
Once again, on November 2nd we will see one of California’s most unique legislative processes in action. Since 1911, California’s ballot initiatives have afforded voters the chance to...
26 Oct 2010
Andrew J. Sherman, Jones Day
Following the collapse of Enron, WorldCom and several other major multi-national companies, the capital markets experienced the Era of Accountability 1.0, which included the passage of Sarbanes-Oxley...
12 Oct 2010
Andrew J. Sherman, Jones Day
Clients of all sizes and in virtually all industries express a desire to “go global.” But what does that really mean? Sure, the GDP growth of many countries is rising at a pace faster than our own and…
7 Oct 2010
James A. Deeken and Jean Lu, Akin Gump Strauss Hauer & Feld LLP
While the state of the economy has made it more difficult for buyers to obtain the optimal amount of financing desired to consummate leveraged buyouts, buyers have attempted to bridge the financing gap by...
31 Aug 2010
Christopher P. (Kip) Hall and Robert A. Johnston, Jr., DLA Piper
In Anwar v. Fairfield Greenwich Limited, 1:09-cv-00118 (VM) (THK), Judge Victor Marrero of the Southern District of New York adopted a novel view of the effect of...
26 Aug 2010
Jill Basinger and Matthew J. Smith, McDermott Will & Emery
Tucked away in the pages of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act are whistleblower provisions that breathe new life into a once ineffective SEC...
19 Aug 2010
Davyd Wong, Herbert Smith
The Hong Kong Government has recently released the conclusions to its public consultations on a corporate rescue scheme. A statutory regime to facilitate corporate restructurings for...
12 Aug 2010
Jonathan Lawrence, Stephen H. Moller, Anthony R.G. Nolan and Paul de Cordova, K&L Gates
On March 1, 2010, after many months of work, ISDA and IIFM jointly issued the first Shari'ah-compliant master agreement for OTC derivatives...
10 Aug 2010
Erik S. Knutsen Esq., Helen H. Chan (Hong Kong)
China’s insurance market is one part huge opportunity and two parts legal maelstrom. As global insurers like Prudential Plc know, China is starved for vital business protection products…
5 Aug 2010
Robin Maxwell and Rebecca Wasserman, Linklaters
The “swaps push-out” requirement in Dodd-Frank could have a material impact on the way in which banking institutions structure their U.S. derivatives operations. Yet this is not the last word on derivatives regulation, as the legislation explicitly delegates to the SEC and CFTC broad rulemaking authority over derivatives…
27 Jul 2010
Muddassir Siddiqui, Denton, Wilde & Sapte
In an effort to continue to guide the nascent Islamic Finance industry, the Accounting and Auditing Organization for Islamic Financial Institutions recently promulgated 11 new standards…
20 Jul 2010
Andrea S. Kramer and Alton B. Harris, McDermott Will & Emery LLP and Ungaretti & Harris LLP
Over-the-counter derivatives contracts are much in the news because of the new financial reform act, which will change who regulates derivative contracts, where these contracts can be...
13 Jul 2010
David A. Livdahl, Jenny Sheng and Henry Li, Paul Hastings
Under China’s Anti-Monopoly Law and the Filing Thresholds Regulations, the State Council has delegated to MOFCOM the right to investigate…
7 Jul 2010
David A. Livdahl, Jenny Sheng and Henry Li, Paul Hastings
In early November, 2009, the merger-control regulator of the People’s Republic of China, the Anti-Monopoly Bureau under the Ministry of Commerce, announced…
29 Jun 2010
Jamison Lynch and Gary Hnath, Mayer Brown LLP
The Bilski case, decided on June 28, 2010, has been closely followed around the world because of its potential impact on the standard for patentable subject matter and how this standard will affect companies involved in…
15 Jun 2010
Michael Blair, Greenberg Traurig
Merger and acquisition activity involving REITs has fallen off sharply from its peak in late 2007 when the availability of debt financing dried up...
10 Jun 2010
Jason Saltzman, Davies Ward Phillips & Vineberg LLP
As credit markets continued to be tight and capital markets remained volatile in 2009 and early 2010, many issuers, particularly in the mining industry, raised capital through PIPE transactions…
5 May 2010
Michael Chin and David Huang, Dorsey & Whitney
Foreign private equity investors and sponsors have increasingly been exploring opportunities to establish an onshore investment platform (so called “RMB funds”) to make direct investments into China. This interest has been fueled by a number of factors…
16 Apr 2010
Dr. jur. Klaus Peter Follak
The clearing up in the aftermath of the credit crisis is the opening of a Pandora's box of legal issues which have not been tackled at all or, seemingly solved, have not been tested in respect of certain constellations…
24 Mar 2010
Frank Aquila, Sullivan & Cromwell; Melissa Sawyer, Sullivan & Cromwell
The economic recovery seems to be underway, but the credit crunch left a lot of investor fear and distrust in its wake. This climate will continue to impact M&A deals in the near term…
26 Feb 2010
Dr. jur. Klaus Peter Follak, International Lawyer and Economist*
In economic terms, sukuk are very similar to conventional bonds: purchasers aim to earn a profit, and they mature at a set date…
15 Jan 2010
Dr. jur. Klaus Peter Follak, International Lawyer and Economist*
The Shari'ah is not confined to a specific national jurisdiction. Nevertheless, it constitutes a corpus of rules on social conduct that is...
8 Jan 2010
Edward P. Smith, Esq., Chadbourne & Parke LLP*
The Securities and Exchange Commission adopted final rules on December 16, 2009 to expand corporate governance and…