Document(s) published by this organization: 195
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|New New Guidance Regarding Barrier Options|
John Kaufmann; Greenberg Traurig, LLP;
December 15, 2015, previously published on December 7, 2015In a recently released Chief Counsel Advice Memorandum (the “CCA”), the Internal Revenue Service broadened its scrutiny of so-called “barrier option” transactions, which taxpayers have used to defer recognition of income and to convert ordinary income and short-term capital...
|Noticeability Notably Nuanced|
Teresa Charatjan, Jacomijn Christ, Hans Urlus; Greenberg Traurig, LLP;
December 11, 2015On Nov. 26, 2015, the Court of Justice of the European Union (CJEU) ruled in SIA Maxima Latvija v. Konkurences Padome, that a clause in a commercial lease agreement between a shopping center lessor and an anchor tenant, granting that anchor tenant the right to oppose the letting of the commercial...
|CFTC Settles with Total Gas for Attempted Market Manipulation, And What Says FERC Enforcement?|
Douglas M. Grom, Harris L. Kay, Gregory K. Lawrence; Greenberg Traurig, LLP;
December 10, 2015, previously published on December 9, 2015Yesterday, the United States Commodity Futures Trading Commission (CFTC) announced that it had simultaneously filed and settled charges against Total Gas & Power North America, Inc. (Total Gas) and Therese Tran (Tran), for violations of Section 6(c) and 9(a)(2) of the Commodity Exchange Act and...
|U.S. Imposes Burundi Sanctions|
Kara M. Bombach, Cyril T. Brennan, Sandra K. Jorgensen; Greenberg Traurig, LLP;
December 2, 2015, previously published on November 25, 2015On Nov. 23, 2015, President Obama issued an Executive Order to establish a new Burundi sanctions program prohibiting U.S. persons from engaging in most transactions with certain designated individuals and entities who contributed to the recent violence in Burundi.
|The Door to Constitutional Challenges Against SEC Administrative Proceedings May Have Just Opened Wider in the Northern District of GA|
Terry R. Weiss; Greenberg Traurig, LLP;
December 2, 2015, previously published on November 23, 2015Last week, in Ironridge Global IV, Ltd., et al. v. SEC, No. 15-cv-2512, U.S. District Court Judge Leigh Martin May issued her third well-reasoned decision concluding that SEC Administrative Law Judges (“ALJs”) are “inferior officers” and are “likely...
|Dutch Merger Code (SER) Amended|
Rob Van Eldik; Greenberg Traurig, LLP;
November 27, 2015, previously published on November 18, 2015Under the SER Merger Code (SER Fusiegedragregels), a merger or acquisition in the Netherlands that involves an entity with 50 employees or more requires the parties to give notice of the merger to relevant trade unions. This notification should take place before any binding merger documents, like a...
|2015 California Employment Law Legislative Update|
James M. Nelson; Greenberg Traurig, LLP;
November 27, 2015, previously published on November 18, 2015Although not the product of new legislation, on Jan, 1, 2016, the statewide minimum wage increases to $10 per hour. Because the salary threshold for exempt status must be at least twice the full-time equivalent of the minimum wage, exempt employees will need to make at least $3,466.67 per month or...
|Fifth Circuit Clarifies and Complicates Choice of Law Analysis of Interstate Restrictive Covenants|
Michael D. Karpeles; Greenberg Traurig, LLP;
November 27, 2015, previously published on November 20, 2015As companies grow and expand into multiple U.S. states, particularly in our increasingly knowledge and relationship-based economy, determining the applicable law for companywide restrictive covenants can be puzzling. Determining which law applies can make the difference between enforcement or the...
|SEC Adopts Regulation Crowdfunding to Facilitate Early Capital Raises|
Barbara A. Jones, Ira N. Rosner, John K. Wells; Greenberg Traurig, LLP;
November 27, 2015, previously published on November 17, 2015On Oct. 30, 2015, the Securities and Exchange Commission (SEC) adopted Regulation Crowdfunding by a 3-1 vote. The rules were adopted despite concerns expressed in comment letters to the SEC that capital raising through crowdfunding could lead to fraudulent activities, and thereby place...
|Waivers of Certain Fraud and Abuse Laws Permitted in CJR Model|
Robert P. Charrow; Greenberg Traurig, LLP;
November 27, 2015, previously published on November 18, 2015On Nov. 16, 2015, the U.S. Centers for Medicare & Medicaid Services (CMS) issued a Final Rule implementing a new Medicare program in which acute care hospitals in certain geographic areas will be responsible for a retrospective bundled payment for episodes of care to beneficiaries admitted for...