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Document(s) published by this organization: 135
Show: results per page Sort by:  | The Impact of Cherryland and Chesterfield on New CMBS Loan Originations
Alston Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 11, 2012 Two recent court decisions and a new piece of legislation from Michigan have spurred a ruckus over the relationship between the single-purpose entity (SPE)/separateness covenant on solvency and the typical CMBS non-recourse carve-out guaranty. The rulings in these cases turned on the interpretation...
| | Final Regulations Implementing Nonresident Alien Deposit Interest Reporting
Tola Ozim, Edward Tanenbaum; Alston & Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 15, 2012 The United States has maintained a longstanding policy of not taxing bank deposit interest of nonresident aliens as a way in which to encourage foreign investment in U.S. banks. Furthermore, except with respect to nonresident aliens from Canada, the United States has not required the reporting of...
| | This Is No Fable: Eleventh Circuit Adopts Moench Presumption and Rejects Duty to Disclose Non-Public Information under ERISA with Regard to Employer Stock
H. Douglas Hinson, Emily Hootkins; Alston & Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 10, 2012 On May 8, 2012, the Eleventh Circuit adopted the Moench presumption of prudence in affi rming the dismissal of employer-stock drop case Lanfear, et al., v. Home Depot, Inc., et al. The court likewise rejected the notion that allegedly inaccurate and incomplete public securities fi lings lead to...
| | TOUSA Redux: The Eleventh Circuit Court of Appeals Affirms Bankruptcy Court’s Avoidance of Constructively Fraudulent Transfers and Reverses the District Court
Alston Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 18, 2012 The outcome of the TOUSA appeal has been much anticipated and closely watched by the lending community, their counsel and advisors, and legal scholars. On May 15, 2012, the Eleventh Circuit Court of Appeals issued its opinion, reversing the District Court for the Southern District of Florida and...
| | A Checklist for Private Labeling Joint Ventures
Susan J. Wilson; Alston & Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 22, 2012 Joint marketing arrangements between unrelated insurers can be an effective sales and financial tool for both companies. For example, Insurer A may have a stronger brand name, or broader jurisdictional authority to write business, than Insurer B. Insurer B may have a distribution force with excess...
| | Iranian Sanctions Update: Enforcement Jurisdiction of Office of Foreign Assets Control and Status of Pending Iran Sanctions Legislation
Thomas E. Crocker; Alston & Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 22, 2012 This client advisory summarizes two recent developments concerning the ever-changing picture of U.S. sanctions on Iran: a recent penalty case issued by the Office of Foreign Assets Control (OFAC), which appears to break new jurisdictional grounds and the status of significant new sanctions...
| | FERC Asserts Jurisdiction over Bundled REC Sales
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article May 10, 2012, previously published on May 8, 2012 The Federal Energy Regulatory Commission (FERC) recently issued an order to clarify the circumstance under which its regulatory authority extends over sales of Renewable Energy Certificates (RECs); specifically, when such a sale is bundled with the sale of electric energy at wholesale. The order,...
| | EEOC Provides Updated Guidance on Use of Criminal Records in Employment Decisions and Finds that Title VII Protects Transgender Workers
Alston Bird LLP;
Legal Alert/Article May 8, 2012, previously published on May 7, 2012 Two recent actions by the Equal Employment Opportunity Commission (EEOC or the “Commission”) are likely to have a signifi cant impact on the Commission’s enforcement of Title VII of the Civil Rights Act of 1964 (“Title VII”). First, the Commission approved updated...
| | New Agency Guidance on Required Contraceptive Coverage Under Group Health Plans
Ashley Gillihan, John R. Hickman, Carolyn E. Smith; Alston & Bird LLP;
Legal Alert/Article May 3, 2012, previously published on May 2, 2012 On August 1, 2011, the Health Resources and Services Administration (HRSA), a part of the Department of Health and Human Services (HHS), issued Guidelines on Women’s Preventive Health (the “HRSA Guidelines”). Under Section 2713 of the Public Health Service Act (PHSA), as added by...
| | President Issues Two New Executive Orders Tightening Sanctions on Iran and Syria
Thomas E. Crocker; Alston & Bird LLP;
Legal Alert/Article May 3, 2012, previously published on May 3, 2012 President Obama has issued two new Executive Orders that impose significant new extraterritorial sanctions on persons who do business with Iran or Syria. One of the Executive Orders has particularly important implications for foreign financial institutions and other non-U.S. persons.
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