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HTMLUS Securities and Exchange Commission Decreases Filing Fees
Michael L. Hermsen; Mayer Brown LLP;
Legal Alert/Article
September 10, 2014, previously published on September 8, 2014
The US Securities and Exchange Commission (SEC) announced a decrease in the filing fees to be paid by public companies and other issuers.

 

HTMLUS Banking Regulators Adopt Final Rule to Impose Liquidity Coverage Ratio on Large US Banking Institutions
Scott A. Anenberg, J. Paul Forrester, Carol A. Hitselberger; Mayer Brown LLP;
Legal Alert/Article
September 9, 2014, previously published on September 5, 2014
The Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC—and, together with the FRB and FDIC, Agencies), have each adopted a final rule (the Final Rule) to impose a quantitative...

 

HTMLTip of the Month: Staying Informed About State Data Breach Laws
Rebecca S. Eisner, Kim A. Leffert, Lei Shen; Mayer Brown LLP;
Legal Alert/Article
September 1, 2014, previously published on August 29, 2014
A growing consumer products company is expanding its sales from brick and mortar stores to the Internet. The general counsel, who is charged with overseeing information governance at the company, is interested in keeping abreast of state data breach laws as the company grows and expands into new...

 

HTMLCalifornia Supreme Court Ups the Ante for Employers to Meet the Commissioned Employee Exemption
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: The California Supreme Court recently issued a unanimous decision in Peabody v. Time Warner Cable, Inc., clarifying several issues regarding employer commission plans. Under Time Warner’s commission plan, employees had to meet three specified conditions to “earn” their...

 

HTMLCalifornia District Court Reaffirms that Collective Bargaining Agreements Define When Overtime Begins
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: In Kilbourne v. Coca-Cola Company, the US District Court for the Southern District of California granted partial summary judgment in favor of Coca-Cola in connection with a former employee’s overtime claims. The court held that, although California Labor Code Section 510 sets forth...

 

HTMLDeductibility of Settlement Payments: US First Circuit Rejects the IRS’s Interpretation of Talley and Section 162(f)
Hayden D. Brown, Geoffrey M. Collins, Brian W. Kittle; Mayer Brown LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
In Fresenius Medical Care Holdings, the US Court of Appeals for the First Circuit held that taxpayers can meet their burden of proving that a government settlement was compensatory—and thus deductible—with evidence beyond the settlement’s terms. Thus, if the settlement agreement...

 

Adobe PDFGovernmental Plan Investors and the Borrowing Base
Zachary K. Barnett, John A. Janicik, Kristin M. Rylko, Matthew A. Simmons; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
A subscription credit facility, also frequently referred to as a capital call facility (a “Subscription Facility”), is a loan made by a bank or other credit institution (a “Lender”) to a private equity fund (a “Fund”). What distinguishes a Subscription Facility...

 

HTMLThe Curious Case of LabMD: New Developments In The “Other” FTC Data-Security Case
Lei Shen, Evan M. Wooten; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on August 11, 2014
By now, businesses with an interest in data security are aware of FTC v. Wyndham Worldwide Corp., in which a US District Court of New Jersey held that the Federal Trade Commission (FTC) can bring enforcement actions for perceived data-security violations without first issuing guidance or standards....

 

HTMLNLRB Franchisor-Liability Decision Could Reach Professional Services Firms
Dana S. Douglas, Stanley J. Parzen; Mayer Brown LLP;
Legal Alert/Article
August 7, 2014, previously published on August 5, 2014
A recent decision from the US National Labor Relations Board (NLRB) could open the door to new sources of liability for some professional services firms. The decision allows franchisors to be treated as “joint employers” along with their franchisees in labor complaints. In considering...

 

Adobe PDFDo What I Say, Not What I Do: The US Internal Revenue Service Finalizes Changes to the Mixed Straddle Rules
James R. Barry, George W. Craven, Mark H. Leeds; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 21, 2014
In 1981, when Congress enacted the straddle rules preventing selective loss recognition, it directed the IRS to allow taxpayers to recognize built-in gain and loss on mixed straddles. In response, the IRS wrote regulations that permit such gain and loss recognition. The IRS has changed its view and...

 


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