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HTMLNew York State Court Extends Common Interest Privilege to Merger Talks
Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 17, 2014, previously published on December 10, 2014
In a December 4, 2014 decision, the New York Appellate Court, First Department, held that documents and discussions related to negotiation of a merger could be protected by the common interest privilege. The ruling represents a change in New York law which, unlike Delaware, previously limited the...

 

HTMLBalancing Act - Sixth Circuit Attempts Middle-of-the-Road Approach with New Corporate Scienter Standard
Jessica F. Nwokocha; Butler Snow LLP;
Legal Alert/Article
December 15, 2014, previously published on October 21, 2014
In KBC Asset Mgmt. N.V. v. Omnicare, Inc. (In re Omnicare, Inc. Sec. Litig.), No. 13-5597, 2014 U.S. App. LEXIS 19326, at *42 (6th Cir. Oct. 10, 2014), the Sixth Circuit Court of Appeals opted for a middle ground approach with its formulation of a new securities-fraud standard for determining...

 

HTMLChanges to the Charities Annual Return Announced
Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
December 12, 2014, previously published on November 28, 2014
The Charity Commission has announced that the annual return for 2015 will contain three new questions following consultation on its proposals to increase transparency and accountability through annual reporting.

 

HTMLParliamentary Committee Calls for Evidence on Draft Protection of Charities Bill
Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
December 12, 2014, previously published on November 28, 2014
The parliamentary committee of MPs and peers considering the new powers set out in the draft Protection of Charities Bill heard evidence from the Charity Commission on 18 November 2014 as part of their call for evidence.

 

HTMLDonations to a Charity from its Trading Subsidiary: Unlawful?
Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
December 12, 2014, previously published on November 28, 2014
The Charity Commission has withdrawn its longstanding endorsement of donations to a parent charity that exceed the donating subsidiary’s distributable profits in light of a report by the Institute of Chartered Accountants in England and Wales.

 

HTMLOne Extenders Deal Put Off After Veto Threat, 2014 Extension Vote May Be Coming Soon
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 12, 2014, previously published on December 2, 2014
For a few hours last week, it appeared that there was a bipartisan agreement on expiring tax provisions, but shortly after press reports on the deal, the agreement fell apart under threat of a White House veto. In a surprise to many, about 10 expiring tax provisions would have been made permanent...

 

HTMLCharity Commission Compliance Case: Founder Benefit and Conflicts of Interest
Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
December 12, 2014, previously published on November 28, 2014
The Charity Commission recently reported on an Operational Compliance case into the alleged conflicts of interest and private benefits relating to the estate agency business of the founder of House the Homeless.

 

HTMLCFTC Clarifies Dealer Requirement to Notify Customers of Right to Segregation of Initial Margin for Uncleared Swaps
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 4, 2014
On October 31, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued a staff interpretation regarding the notification of the right to segregation of initial margin in uncleared swap transactions.1 The interpretation also...

 

HTMLDe Facto vs Shadow Directorships
Kate Eades, Amy Moore; Greenberg Traurig Maher LLP;
Legal Alert/Article
December 10, 2014, previously published on October 28, 2014
In a recent case, Smithton Ltd v Naggar [2014] EWHC 680 Ch, the Court of Appeal reconsidered the difference between de facto and shadow directors.

 

HTMLESMA Issues Revision of the Technical Standards on Reporting under Article 9 of EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 24, 2014
On November 10, the European Securities and Markets Authority (ESMA) published a consultation paper relating to the Regulatory Technical Standards and Implementing Technical Standards (collectively, the Technical Standards), which address the reporting obligations under the European Market...

 


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