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Adobe PDFWTO Appellate Body Upholds Panel in China - Rare Earths Dispute
Duane W. Layton, Nikolay Mizulin, Paulette Vander Schueren; Mayer Brown LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The Appellate Body of the World Trade Organization (WTO) has affirmed a WTO dispute settlement panel’s March 2014 finding that China’s export restraints on rare earths, tungsten, and molybdenum are inconsistent with China’s WTO obligations. The August 7, 2014, decision in China -...

 

HTMLIRS Clarifies Beginning of Construction Rules for Renewable Energy Projects
Jeffrey G. Davis; Mayer Brown LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
The US Internal Revenue Service (the IRS) has released Notice 2014-46 (the Notice), which provides further clarification about how a taxpayer can satisfy the requirement that construction of a renewable energy project began before January 1, 2014. The Notice, released on August 8, 2014, is welcome...

 

Adobe PDFNew York State Department of Financial Services Proposes a “BitLicense” Regulatory Framework for Virtual Currency Businesses
Matthew Bisanz, Alex C. Lakatos, Jeffrey P. Taft; Mayer Brown LLP;
Legal Alert/Article
August 7, 2014, previously published on August 6, 2014
The New York State Department of Financial Services (the “NYSDFS”) has released a proposed regulatory framework (the “Proposed Rules”) for New York virtual currency businesses. The Proposed Rules build upon the NYSDFS’ prior activities in the virtual currency space....

 

Adobe PDFUS Appellate Court Clarifies Due Process Rights for Parties Subject to CFIUS Review of Foreign Investments
Timothy J. Keeler, Simeon M. Kriesberg, Kelsey Rule, Margaret-Rose Sales; Mayer Brown LLP;
Legal Alert/Article
July 26, 2014, previously published on July 22, 2014
The US Court of Appeals for the DC Circuit has reversed a lower court’s ruling and held that companies undergoing review by the Committee on Foreign Investment in the United States (CFIUS or the Committee) have a due process right to notice of unclassified evidence and an opportunity to rebut...

 

HTMLUS Federal Trade Commission Challenge Reminds Companies To Be Wary About Communicating with Competitors
Scott P. Perlman, Matthew A. Tabas; Mayer Brown LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
The US Federal Trade Commission (FTC) has settled charges that two of the leading online barcode resellers violated Section 5 of the FTC Act by inviting competitors to collude and raise prices for barcodes sold over the Internet. Even though the settlement essentially only requires the online...

 

HTMLWyndham Seeks Immediate Appeal Over FTC Authority To Regulate Data Security While District Court Allows Case To Proceed On Common-Enterprise Theory
Stephen Lilley, Archis A. Parasharami; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 21, 2014
For the past two years, a federal court in New Jersey has considered important data security issues in the FTC v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news—and made clear that the stakes are as high as ever.

 

Adobe PDFCFPB Enforcement Action Against Payday Lender Has Broad Implications for Financial Institutions
Stephen Lillley, Andrew J. Pincus, Jeffrey P. Taft; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
The US Consumer Financial Protection Bureau (CFPB) has entered a consent order with a payday lender for debt collection practices that the CFPB alleged violated the Dodd-Frank Act’s prohibition on unfair, deceptive or abusive acts or practices. The $10 million settlement casts a significant...

 

HTMLNinth Circuit Decision Clarifies the Applicability of US Antitrust Law to Foreign Conduct; Leaves Some Ambiguities
Robert E. Bloch, Kelly B. Kramer, Stephen M. Medlock; Mayer Brown LLP;
Legal Alert/Article
July 17, 2014, previously published on July 16, 2014
One of the most important topics in cartel enforcement today is the extent to which the Foreign Trade Antitrust Improvements Act (“FTAIA”) limits the extraterritorial reach of the Sherman Act. On July 10, 2014, the Ninth Circuit weighed in on this question by affirming a broad...

 

Adobe PDFUS Securities and Exchange Commission Issues Final Rules Regarding the Application of Security-Based Swap Intermediary Definitions to Cross-Border Security Based Swap Activity
Joshua Cohn, Curtis A. Doty, Alex C. Lakatos, Jerome J. Roche, David R. Sahr; Mayer Brown LLP;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
The US Securities and Exchange Commission (“SEC”) has adopted final rules (the “CrossBorder Rules”) regarding the cross-border application of certain security-based swap (“SBS”) provisions of Title VII of the DoddFrank Wall Street Reform and Consumer Protection...

 

HTMLWTO Appellate Body Rules on Dispute over US Countervailing Duty Law
Timothy J. Keeler, Duane W. Layton, Matthew J. McConkey, Paulette Vander Schueren; Mayer Brown LLP;
Legal Alert/Article
July 17, 2014, previously published on July 14, 2014
The Appellate Body of the World Trade Organization (“WTO”) has issued its decision in the dispute between the United States and China over the so-called “GPX Legislation.” The GPX Legislation expressly authorizes the US Department of Commerce (“Commerce”) to...

 


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