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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...

 

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...

 

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...

 

HTMLUS Trade Representative Initiates an Environmental Review of Free Trade Agreement with the European Union
Timothy J. Keeler, Margaret-Rose Sales; Mayer Brown LLP;
Legal Alert/Article
July 14, 2014, previously published on July 9, 2014
The United States Trade Representative (USTR) has published a notice in the Federal Register announcing the initiation of an environmental review of the Transatlantic Trade and Investment Partnership Agreement (T-TIP), a free trade agreement currently being negotiated between the United States and...

 

HTMLUS Securities and Exchange Commission Settles Its First Whistleblower Anti-Retaliation Case
Marcus Christian, Adam D. Kanter, Stephanie M. Monaco, Jerome J. Roche, Richard M. Rosenfeld; Mayer Brown LLP;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
The US Securities and Exchange Commission (SEC or the Commission) has announced a $2.2 million settlement in the Commission’s first whistleblower anti-retaliation case. As part of the settlement order, the SEC charged Paradigm Capital Management, Inc., a registered investment adviser, and...

 

HTMLUS Banking Regulators Issue Additional Guidance Regarding Tax Allocation Agreements in Holding Company Structures
Scott A. Anenberg, Hayden D. Brown, J. Paul Forrester; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 20, 2014
US banking regulators (the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency) have issued final joint supplemental guidance (Guidance) regarding tax allocation agreements involving holding companies and...

 

HTMLUS Navy Issues Solicitation for “Drop-In” Biofuel Blends
J. Paul Forrester, Cameron S. Hamrick, Marcia G. Madsen; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
The Defense Logistics Agency (DLA), in conjunction with the US Navy, has issued a solicitation for bulk fuels for DLA Energy’s customers located in the Inland/East/Gulf Coast regions of the United States. The Inland/East/Gulf Coast is the single largest bulk fuels acquisition program, and it...

 

HTMLApplicability of US Antitrust Law to Foreign Conduct Clarified by Recent Appellate Decisions
Robert E. Bloch, Kelly B. Kramer, Stephen M. Medlock; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 11, 2014
Recent decisions issued from the Second and Seventh Circuits have clarified the applicability of US antitrust law to foreign conduct. On June 4, 2014, the Second Circuit Court of Appeals decided Lotes Co. Ltd. v. Hon Hai Precision Industry Co., Ltd., an important case regarding the applicability of...

 

HTMLUS Federal Circuit Rules for Inclusion of Voluntary Respondents' CVD Rates in Calculation of "All Others" Duty Rate
Matthew J. McConkey, Margaret-Rose Sales; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
The US Court of Appeals for the Federal Circuit (CAFC) has reversed a US Court of International Trade (CIT) decision on the calculation of the “All Others” duty rate in countervailing duty (CVD) Investigations. Specifically, the CAFC ruled that the duty margins assigned to the exporters...

 

HTMLFourth Circuit Holds that Experts Must Separate Opinions From Fact Testimony and Lay Adequate Foundation for Both
Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
Increasingly, in a number of contexts, experts are playing the role traditionally filled by attorneys: reviewing and explaining the relevance of the evidence, integrating it into the party’s narrative, and mixing in opinions along the way. This has the potentially dangerous effect of placing...

 


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