Legal Articles: Fried, Frank, Harris, Shriver & Jacobson LLP

 







Document(s) published by this organization: 41


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Adobe PDFWhose Tax Refund is It? Eleventh Circuit Holds That Chapter 11 Debtor Parent Company Must Distribute Tax Refunds to Members of a Consolidated Group Under a Tax Sharing Areement
Fried Frank Harris Shriver Jacobson LLP;
Legal Alert/Article
September 3, 2013, previously published on August 29, 2013
On August 15, 2013, in Zucker v. FDIC (In re BankUnited Finance Corp.), the United States Court of Appeals for the Eleventh Circuit, reversing a decision by the Bankruptcy Court for the Southern District of Florida, held that a holding company in chapter 11, BankUnited Financial Corporation (the...

 

Adobe PDFPrivate Placement Practice under the New Rules Permitting General Solicitation and General Advertising
Fried Frank Harris Shriver Jacobson LLP;
Legal Alert/Article
September 3, 2013, previously published on August 29, 2013
As discussed in our firm memo dated August 6, 2013, the Securities and Exchange Commission issued new rules permitting general solicitation and general advertising in all Rule 144A and select Rule 506 offerings. As a result, issuers may begin to publicly market securities they intend to sell on a...

 

Adobe PDFThe Federal Energy Regulatory Commission Strikes Again - FERC Pursues Yet Another Allegedly Manipulative Energy Trading Scheme
Daniel A. Mullen, J. Peter Ripley, Michael A. Yuffee; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
August 17, 2013, previously published on August 14, 2013
On August 5, 2013, the Federal Energy Regulatory Commission (the “Commission” or “FERC”) issued an order directing BP America Inc. and its affiliates (collectively, “BP”) to show cause why it should not pay a $28 million civil penalty and a $800,000 disgorgement...

 

Adobe PDFUK Corporate Update
Laura Brunnen, Richard May, Helen Shilling, Jerry Walter, James West; Fried, Frank, Harris, Shriver & Jacobson (London) LLP;
Legal Alert/Article
August 12, 2013, previously published on August 8, 2013
This corporate update comments on some changes to the City Code on Takeovers and Mergers (the “City Code”) announced in July, and on a recent Supreme Court decision relating to the circumstances in which English Courts will pierce the corporate veil. It also reports on a consultation...

 

Adobe PDFCFTC Update: Commodity Futures Trading Commission Assesses Penalty in First “Spoofing” Case
William J. Breslin, David S. Mitchell, Daniel A. Mullen, J. Peter Ripley, Michael A. Yuffee; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
August 8, 2013, previously published on August 6, 2013
On July 22, 2013, the Commodity Futures Trading Commission (the “Commission” or “CFTC”) issued an order assessing $2.8 million in civil penalty and disgorgement fees against Panther Energy Trading LLC and its principal Michael J. Coscia (the “Respondents”) for...

 

Adobe PDFStrict Liability for False Statements to the Federal Energy Regulatory Commission?
Daniel A. Mullen, J. Peter Ripley, Michael A. Yuffee; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
August 7, 2013, previously published on August 5, 2013
The Federal Energy Regulatory Commission has been in the headlines lately, but one case received less attention than it might have. On July 23, 2013, the DC Circuit strictly interpreted a FERC regulation requiring truthful communications with the Commission and other FERC-approved entities. The...

 

Adobe PDFUpstream Securities and Financial Assistance in Germany
Thorsten H. Stuecklin, Jüergen van Kann; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
August 7, 2013, previously published on August 5, 2013
German law provides strict rules regarding the ability of a company and its subsidiaries to provide financial assistance for the acquisition of its own shares. In particular, the grant of security interests over the company’s or its subsidiaries’ assets as collateral to a third party...

 

Adobe PDFChanges to the Private Offering Market: SEC Eliminates Prohibition on General Solicitation, Disqualifies Bad Actors, and Proposes New Rules
Jonathan S. Adler, Lawrence N. Barshay, Jessica Forbes, Kenneth I. Rosh, Stacey Song; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
August 7, 2013, previously published on August 5, 2013
On July 10, 2013, the Securities and Exchange Commission (“SEC”) adopted two important rule amendments that significantly impact the private securities offering market:

 

Adobe PDFCFTC Update: Final Guidance on Cross-Border Application of Swaps Provisions of the Dodd-Frank Act and Exemptive Order Regarding Phased Compliance with Certain Swaps Provisions of the Dodd-Frank Act
Fried Frank Harris Shriver Jacobson LLP;
Legal Alert/Article
July 29, 2013, previously published on July 25, 2013
On July 12, 2013, the Commodity Futures Trading Commission (the “CFTC” or “Commission”) approved a final version of its interpretive guidance and policy statement (the “Guidance”) and an exemptive order (the “Exemptive Order”) regarding the...

 

Adobe PDFFirst Circuit Concludes Private Equity Fund Can Be Liable for Pension Obligations of Portfolio Companies
Donald P. Carleen, Rachel Maslansky, Jeffrey Ross; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
July 29, 2013, previously published on July 26, 2013
On July 24, 2013, the U.S. Court of Appeals for the First Circuit became the first appellate court to address whether a private equity fund can become liable under ERISA for the pension plan underfunding (known as “Title IV liability”) of its portfolio companies. The decision in Sun...

 


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