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|New Filing Obligations at Companies House|
Alison Paines, Chris Priestley; Withers Bergman LLP;
July 21, 2016, previously published on June 30, 2016From 30 June the annual return is to be replaced with an annual confirmation statement; the statement should be less burdensome for charitable companies to complete as it simply requires confirmation that all changes in circumstances, such as the appointment and retirement of directors/trustees and...
|Maximize The Protection Offered By Louisiana's Non-Compete Law When Buying a Louisiana Business|
Jude C. Bursavich; Breazeale, Sachse & Wilson, L.L.P.;
July 20, 2016, previously published on June 2016When purchasing an existing Louisiana business, a buyer should make sure as part of the sale that the seller doesn’t immediately open up a competing business. How do you do so under Louisiana law? How long can a buyer be protected from competition from the seller? While Louisiana law on...
|Second Circuit Rejects Government's Theory of Fraud in Major FIRREA Case: Court's Ruling Restricts When a Contractual Breach May Be Held Fraudulent Under Federal Law|
Harold K. Gordon, Lisa M. Ledbetter, Rajeev Muttreja; Jones Day;
July 15, 2016, previously published on July 2016On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants (collectively, "Countrywide") under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989...
|Madden v. Midland Funding, LLC: Supreme Court Denies Review of Controversial Second Circuit Ruling|
Traci L. Lovitt, Matthew A. (Matt) Martel, Anthony M. (Tony) Masero, Joseph B. (Joe) Sconyers; Jones Day;
July 15, 2016, previously published on June 2016On June 27, 2016, the United States Supreme Court denied certiorari in Madden v. Midland Funding, LLC. This outcome is consistent with the Solicitor General's position that further review is not appropriate at this time. We previously addressed this case and petition here and the Solicitor...
|Indonesia Loosens Foreign Investment Limits, but Some Industries Remain Protected|
Michelle Angela, Elizabeth Cole, Sushma Jobanputra, Paul C. Kuo; Jones Day;
July 12, 2016, previously published on June 2016On May 18, 2016, the Indonesian government revised its Negative Investment List (Daftar Negatif Investasi or DNI) through Presidential Regulation No. 44 of 2016. The revised Negative Investment List, which was part of a recent series of economic stimulus packages, creates opportunities for foreign...
|Texas Federal Court Declines to Apply State Law Privilege in False Claims Act Case|
Joshua L. (Josh) Fuchs, Jane W. Walker, Molly M. Wilkens; Jones Day;
July 11, 2016, previously published on June 2016The Eastern District of Texas reminded practitioners that it is an uphill battle to use a state law privilege as a shield in qui tam False Claims Act cases. The court held that West Virginia's statutory bank examiner privilege did not apply to documents related to West Virginia's investigation of...
|First fines imposed in Germany on companies for still relying on Safe Harbor|
Viola Bensinger, Carsten Kociok; Greenberg Traurig Germany, LLP;
July 7, 2016, previously published on June 14, 2016On June 6, 2016, the Hamburg Commissioner for Data Protection imposed fines on three internationally operating companies for still relying on Safe Harbor as the basis for their data transfers to the U.S.
|Remembering Bill Cunningham|
Alan Behr; Phillips Nizer LLP;
June 30, 2016, previously published on June 28, 2016The term fashion photographer typically brings to mind a specialist who works on assignment for advertisements or editorials and who brings to each shoot enough equipment to light a stadium and enough digital photographic gear to document a war. Bill Cunningham, who died on Saturday at the age of...
|Preparing for the EU General Data Protection Regulation: A Checklist for Businesses|
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
June 30, 2016, previously published on June 16, 2016The new European Union General Data Protection Regulation (GDPR) (Regulation 2016/679, Apr. 27, 2016), approved by the European Parliament and the Council of the European Union, will replace the Data Protection Directive (Directive 95/46/EC) effective May 25, 2018. The GDPR has been a long time...
|The Pitfalls of “Rollovers as Business Startups” Transactions|
Benjamin L. Rackliffe; Pannone Lopes Devereaux & West LLC;
June 26, 2016, previously published on June 22, 2016Versions of qualified plans, sometimes referred to as “Rollovers as Business Startups” or simply “ROBS,” are marketed with increasing frequency to would-be business owners as a way to access tax-deferred retirement funds without paying distribution taxes, in order to cover...