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By Mayah Judovits, Craig Pell, Joseph Romagnoli
On July 7, 2011, the U.S. Federal Trade Commission published final rules amending the Hart-Scott-Rodino (HSR) Premerger Notification Rules, the Premerger Notification and Report Form and the instructions to the Form
By Joseph Romagnoli, Andrew Beck, Amy Johnson-Spina, Mayah Judovits, Stefan Stauder
On June 22, 2011, the Securities and Exchange Commission adopted new rules and amendments (the "Final Rules") under the Investment Advisers Act of 1940, as amended (the Advisers Act), that implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).
By Edward Fan, Karen Townsend
Legislation aimed at making a number of changes to patent law in the United States has now been passed by both the Senate and the House of Representatives.
By Andrew Beck, Sonal Jain, Heding Yang
On May 25, 2011, the U.S. Securities and Exchange Commission approved final rules to implement the whistleblower program, which rewards individuals whose reports of violations of U.S. federal securities laws lead to successful enforcement actions.
By Alison Bauer, William Gray, Jr.
A U.S. bankruptcy court has held that the tolling provisions in the U.S. Bankruptcy Code allowing for extensions of the time to file actions are automatically available to foreign representatives trying to marshal assets for distribution to creditors in crossborder cases.
By Patricia Koval, Tyson Dyck, Dennis Mahony, Michael Pickersgill
The Western Climate Initiative (WCI) recently provided additional details on the expected start date of its proposed cap-and-trade system for greenhouse gases (GHGs), which was originally slated to take effect on January 1, 2012.
By Alison Bauer, William Gray, Jr.
THE PERIL OF GIFT-GIVING, so familiar among family and friends, was recently examined in the Chapter 11 plan context by the U.S. Court of Appeals for the Second Circuit in "In re DBSD N.A. Inc".
On February 15, 2011, in Air Products v. Airgas, the Delaware Court of Chancery upheld a "poison pill" strategy that U.S. companies have for decades used to thwart hostile takeover attempts.
By Alison Bauer, William Gray, Jr.
An important Second Circuit Court decision that secured lenders and strategic investors should take note of has rejected the commonly used insolvency tactic of "gifting" – the transferring of rights or interests by a senior creditor to a junior creditor to gain support for a proposed reorganization plan.
By Joseph Romagnoli, Mayah Judovits, Craig Pell
The U.S. Federal Trade Commission (FTC) has announced its annual revisions to the notification and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR).
By Joris Hogan
The Securities and Exchange Commission (SEC) adopted major changes to the U.S. proxy rules on August 25, 2010, which will facilitate the shareholders’ exercise of their rights under state law to nominate and elect directors to public company boards of directors.
By Joris Hogan
The Securities and Exchange Commission (SEC or Commission) has adopted major changes (New Rules) to the federal proxy rules, which became effective on February 28, to enhance the information provided in connection with proxy solicitations and in other reports filed with the Commission.
By Andrew Beck, Glen Johnson, Daniel Raglan
Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law on July 21, 2010 by President Obama repealed Securities Act Rule 436(g), which had exempted credit rating agencies from the heightened liability standards for experts whose reports or opinions are quoted or summarized in a U.S. registration statement or prospectus.
By Tyson Dyck
Emissions offset systems have become a favored method of containing the compliance costs of capand-trade systems.
By Edward Fan, Jason Gilman
On June 28, 2010, the U.S. Supreme Court (USSC) released its long-awaited decision in the case of Bilski v. Kappos, which was on appeal from the U.S. Court of Appeals for the Federal Circuit (CAFC).
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