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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...

 

Adobe PDFAdministrative and Legislative Options to Address US Corporate Inversions
David M. McIntosh, Anthony "Toby" Moffett; Mayer Brown LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
The topic of tax incentives for US corporations seeking to “invert” and become a subsidiary of a foreign corporation is receiving heightened attention in Congress and federal agencies.

 

HTMLPresumption Against Extraterritoriality in Morrison v. National Australia Bank Extended to Private Party Whistleblower Retaliation Cases
Matthew Bisanz, Marcus A. Christian, Mark G. Hanchet, Alex C. Lakatos, Richard M. Rosenfeld; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
The US Court of Appeals for the Second Circuit has ruled that the presumption against extraterritoriality applies to private party actions under Section 21(h) of the Securities Exchange Act of 1934 (“Exchange Act”). The Second Circuit’s August 14, 2014 decision in Liu v. Siemens...

 

HTMLGetting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...

 

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....

 

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...

 

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...

 

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.

 


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