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HTMLNew New Guidance Regarding Barrier Options
John Kaufmann; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 7, 2015
In 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...

 

HTMLNYS Court Invalidates Executive Compensation “Soft Cap” Regulation
Harold N. Iselin, Joshua L. Oppenheimer, Francis J. Serbaroli; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 01, 2015
On Nov. 13, 2015, the Albany County Supreme Court upheld New York Governor Cuomo’s Executive Order regarding executive compensation and administrative expenses of certain service providers (EO 38), as well as several aspects of the EO 38 regulations promulgated by the New York State...

 

HTMLNoticeability Notably Nuanced
Teresa Charatjan, Jacomijn Christ, Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
December 11, 2015
On 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...

 

HTMLCFTC 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;
Legal Alert/Article
December 10, 2015, previously published on December 9, 2015
Yesterday, 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...

 

HTMLU.S. Imposes Burundi Sanctions
Kara M. Bombach, Cyril T. Brennan, Sandra K. Jorgensen; Greenberg Traurig, LLP;
Legal Alert/Article
December 2, 2015, previously published on November 25, 2015
On 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.

 

HTMLThe 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;
Legal Alert/Article
December 2, 2015, previously published on November 23, 2015
Last 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...

 

HTMLModern Slavery Reporting Obligations - Effective from 29 October 2015
Naomi Feinstein, Lisa Navarro; Greenberg Traurig Maher LLP;
Legal Alert/Article
November 27, 2015, previously published on November 12, 2015
As reported in an earlier Alert, the UK’s Modern Slavery Act has imposed far reaching reporting requirements on companies to produce an annual statement explaining the steps they have taken to eliminate modern slavery in their businesses, and also within their supply chains. The concept of...

 

HTMLDutch Merger Code (SER) Amended
Rob Van Eldik; Greenberg Traurig, LLP;
Legal Alert/Article
November 27, 2015, previously published on November 18, 2015
Under 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...

 

HTMLSEC Adopts Regulation Crowdfunding to Facilitate Early Capital Raises
Barbara A. Jones, Ira N. Rosner, John K. Wells; Greenberg Traurig, LLP;
Legal Alert/Article
November 27, 2015, previously published on November 17, 2015
On 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...

 

HTMLFifth Circuit Clarifies and Complicates Choice of Law Analysis of Interstate Restrictive Covenants
Michael D. Karpeles; Greenberg Traurig, LLP;
Legal Alert/Article
November 27, 2015, previously published on November 20, 2015
As 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...

 


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