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HTMLSpanish Parliament Passes Bill Amending Insolvency Act and Public Sector Contracts Act
Iván Martín Barbón, Juan Ferre, Javier López Antón, Fernando Lillo; Jones Day;
Legal Alert/Article
October 14, 2015, previously published on October 2015
On October 1, 2015, the Public Sector Legal Regime Act (Ley 40/2015, 1 de octubre, de Régimen Jurídico del Sector Público) ("PSLR Act") was passed by the Spanish Parliament. As discussed in more detail below, the PSLR Act introduces, among other things, the following...


Adobe PDFSecuritisation: Keeping it Simple?
Bruce C. Bloomingdale, Robert Cannon, Merryn Craske, Stephen Day, Angus Duncan; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 13, 2015, previously published on October 1, 2015
On 30 September 2015, the European Commission (the “Commission”) published a proposal for a regulation (the “Proposed Regulation”)1 intended to harmonise existing EU laws applying to securitisations (including proposed changes to the EU risk retention rules) and to create a...


HTMLSafe Harbor Invalidated - What’s Next on the Chopping Block?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 6, 2015
There are two key elements of the ECJ’s decision. The first is that national data protection authorities in the EEA are authorized ¿ indeed, required ¿ to hear complaints from individuals with regard to the transfer of their personal data outside of the EEA regardless of whether...


HTMLEU Top Court Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 6, 2015
A press release issued by the Court of Justice of the EU (ECJ) regarding its decision in the Schrems Safe Harbor case (C-362/14) confirms that the ECJ has declared Safe Harbor invalid. The ECJ has sent the case back to the Irish Data Protection Authority to determine whether Facebook...


HTMLJurisdiction of Australia's Independent Commission Against Corruption Before and After Cunneen and Duncan
John Emmerig, Michael J. Legg; Jones Day;
Legal Alert/Article
October 7, 2015, previously published on September 2015
In 2014, Margaret Cunneen, a Deputy Senior Crown Prosecutor of the State of New South Wales, was summoned by ICAC to give evidence at a public inquiry. The purpose of the inquiry was to investigate an allegation that she and her son, Stephen Wyllie, with the intention to pervert the course of...


HTMLMore on US-EU Safe Harbor — What’s Next?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 1, 2015, previously published on September 28, 2015
EU data protection law prohibits the transfer of personal data to countries or territories outside the EEA unless they are considered to provide adequate protection. One of the ways certain US organisations can demonstrate an adequate level of protection is by signing up to the Safe Harbor...


HTMLSafe Harbor - Trouble Ahead for Data Transfers from Europe to the U.S.?
Elizabeth Harding; Holland Hart LLP;
Legal Alert/Article
September 25, 2015, previously published on September 23, 2015
The European Court of Justice's ("ECJ") top lawyer declared today that the EU-U.S. Safe Harbor regime is invalid. If this advice is adopted by the ECJ, it could have widespread consequences for how data is transferred to, and used by, U.S. companies.


HTMLThe Yates Memo: Corporate Officers Under the Gun
Jackie M. Bennett, Edwin J. Broecker; Taft Stettinius & Hollister LLP;
Legal Alert/Article
September 18, 2015, previously published on September 15, 2015
Much has been written in the last days regarding the “Yates Memorandum” and whether it will truly mark the beginning of individual responsibility for corporate fraud or whether it is just more of the same, in a different format. The Yates Memo refers to the Sept. 9, 2015, memorandum...


HTMLU.S. Courts Continue to Deny Attempts to Bring Foreign Law Actions in U.S. Courts to Recover for Potential Losses in Foreign Transactions
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 18, 2015, previously published on September 16, 2015
As we have mentioned previously, in the wake of Morrison v. National Australia Bank, securities plaintiffs are no longer able to assert claims under the U.S. securities laws to recover potential losses for transactions that occur on non-U.S. exchanges. However, particularly in cases where...


HTMLEurozone Crisis: Possible Outcomes
DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 1, 2015
There is no precedent for a country leaving the Euro, and speculation continues as to how the crisis will unfold, and what the consequences would be of an exit of a member. There is uncertainty around various scenarios, not least because there is no existing legal mechanism in the EU Treaties for...


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