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HTMLNew York State’s Highest Court Clarifies Scope of “No-Action” Clause Under Trust Indenture
Michael F. Lotito, Joel Moss, Brian Trust; Mayer Brown LLP;
Legal Alert/Article
June 19, 2014, previously published on June 18, 2014
New York’s highest court has concluded that a “no-action” clause in a New York law-governed indenture does not bar the commencement of an action or proceeding on a securityholder’s common law or statutory claims relating to the securities when the no-action clause at issue...

 

HTMLBeijing Average Monthly Wage Increased to CNY 5,793
Duncan A. W. Abate, Helen H. Liao, Hong Tran, Andy S. Yeo; Mayer Brown JSM;
Legal Alert/Article
June 19, 2014, previously published on June 17, 2014
On 6 June 2014 the Beijing Municipal Human Resource and Social Security Bureau and the Beijing Municipal Statistics Bureau announced that the average monthly wage for 2013 was CNY 5,793. This is an increase of 10.9 percent on the previous average monthly wage of CNY 5,223 determined in 2012.

 

HTMLProperty Management Services Bill — A Proposed Mandatory Licensing Regime To Regulate The Property Management Industry
Fun Kuen Au; Mayer Brown JSM;
Legal Alert/Article
June 19, 2014, previously published on June 18, 2014
The Bill proposes a mandatory licensing regime to regulate the provision of property management services, under the supervision of a Property Management Services Authority (the "Authority"). It is proposed to make it a criminal offence for a property management company ("PMC")...

 

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...

 

HTMLUS Federal Circuit Limits Right of Appeal from Contested Cases at the USPTO
Kyle Friesen, Sharon A. Israel; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
In an appeal from a decision in an inter partes reexamination before the US Patent & Trademark Office (USPTO), the US Court of Appeals for the Federal Circuit has ruled that the challenger must show some injury-in-fact to have Article III standing at the Federal Circuit. Despite a statutory...

 

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...

 

HTMLUS Supreme Court Rules that Bankruptcy Courts Can Issue Proposed Findings in “Core” Matters Involving Stern v. Marshall-Type Claims
Thomas S. Kiriakos, Michael F. Lotito, Brian Trust; Mayer Brown LLP;
Legal Alert/Article
June 17, 2014, previously published on June 10, 2014
On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”) that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v. Marshall (“Stern”).

 

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...

 

HTMLBrazil’s Office of the Comptroller General issues Guidelines in Connection with Entertainment of Public officials during the FIFA World Cup in Brazil
Kelly B. Kramer, Salim Jorge Saud Neto; Mayer Brown LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
Yesterday (2 June 2014), Brazil’s Office of the Comptroller General enacted Normative Guideline N. 01/2014 prescribing the terms under which Brazilian federal public officials may accept invitations to attend the 2014 FIFA World Cup being held in Brazil. The FIFA 2014 World Cup is the...

 

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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