|
May 2012
“Third country” issues in current EU financial services regulation
Butterworths Journal of International Banking and Financial Law
This article examines how EU financial services legislation in the aftermath of the financial crisis impacts non-EU firms, and focuses in particular on the third country provisions of the Alternative Investment Fund Managers Directive, European Market Infrastructure Regulation and proposed new Markets in Financial Instruments Directive and Regulation.
|
|
Articles
|
|
April 20, 2012
President Approves Sanctions on Financing of Iranian Petroleum Purchases
International Law Office
On March 30, 2012, President Obama determined that there is a sufficient supply of petroleum products in world markets to allow countries to reduce their petroleum imports from Iran significantly. The finding clears the way for new sanctions under Section 1245 of the 2012 National Defence Authorisation Act on foreign financial institutions that conduct or facilitate financial transactions related to purchases of petroleum products from Iran.
|
|
Articles
|
|
April 2012
Getting the Deal Through - Vertical Agreements 2012
Sidley lawyers wrote four of the chapters in this year's edition of "Getting the Deal Through — Vertical Agreements," a book recently published by Global Competition Review. The book is intended for in-house counsel and provides an overview of antitrust regulation of distribution arrangements in 37 jurisdictions worldwide. The Sidley authors and their respective subject areas are: Chen Yang and Lei Li (China); Stephen Kinsella, Stephen Spinks and Patrick Harrison (European Union); Stephen Kinsella, David Went, Patrick Harrison and Rosanna Connolly (United Kingdom); Joel Mitnick (United States). Stephen Kinsella (Brussels) has served as the contributing editor of this publication each year since its inception in 2007.
|
|
Articles
|
|
March/April 2012
Lessons Learned: The EU and its Aviation Directive
Trends
With debates on unemployment, growth, and sovereign debt dominating government agendas, global warming in the United States is a topic relegated to the cold. Yet, as the global aviation community can testify, climate policy remains hot in at least a few jurisdictions. From January 1, 2012 onward, new European rules require all aircraft landing and departing from European territory to participate in Europe’s cap and trade greenhouse gas permitting system, commonly referred to as the EU ETS(European Union Emissions Trading System).
|
|
Articles
|
|
March 2012
The New EU Data Protection Regulation: What will the Impact be on the Life Sciences Industry?
Scrip Regulatory Affairs
The EU Data Protection Regulation proposed by the European Commission in January will - if adopted in its current form - require pharmaceutical and medical device companies to adopt a new approach to data processing and data protection.
|
|
Articles
|
|
March 2012
Quantifying Antitrust Damages—Convergence of Methods Recognized by U.S. Courts and the European Commission
Competition Policy International
The degree to which plaintiffs pursue antitrust damages actions in the United States and the European Union varies considerably. For almost 100 years, private enforcement of the antitrust laws through damages actions has played a major role in the development of U.S. antitrust jurisprudence. In the European Union, although private suits have increased in number in recent years, successful actions are infrequent, and legislative advances are piecemeal and limited to certain jurisdictions.
|
|
Articles
|
|
February 24, 2012
President Blocks All Property of Iranian Government and Financial Institutions
International Law Office
President Obama has issued an executive order blocking all property of the government of Iran and Iranian financial institutions, including the Central Bank of Iran, which became effective on February 6, 2012. The executive order, which implements the National Defence Authorisation Act 2012, comes in the midst of growing international concern regarding Iran's nuclear programme and its recent threats to block the Strait of Hormuz.
|
|
Articles
|
|
February 15, 2012
Allowing Discovery Of A Confidential Witness’s Identity
Law360
Two recent decisions in the Southern District of New York reflect a trend toward allowing discovery of the identities of so-called “confidential witnesses” that are increasingly becoming the backbone of class action securities complaints. In November 2011, U.S. District Judge Paul A. Engelmayer granted a motion to compel discovery of the identities of “confidential witnesses” relied upon in the lead plaintiff’s complaint and held that the identities were not protected from discovery by the attorney work product doctrine. See Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund v. Arbitron Inc., --- F.R.D. ----, No. 08 Civ. 4063,2011(S.D.N.Y. Nov. 14, 2011).
|
|
Articles
|
|
February 10, 2012
Long-awaited Changes to Defense Trade Brokering Rules Proposed
International Law Office
On December 19, 2011, the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) proposed long-awaited changes to the rules governing the brokering of defense articles and defense services under the International Traffic in Arms Regulations (ITAR). Comments on the proposed changes are due by February 17, 2012.
The proposed rule entails far-reaching changes to the ITAR brokering provisions, as well as certain related provisions applicable to manufacturers and exporters of defense articles and defense services. The principal changes proposed by DDTC are summarized below.
|
|
Articles
|
|
February 5, 2012
FDA Regulation Of Off-Label Promotion: An Answer
Social Science Research Network
The FDA-approved labeling for prescription drugs contains only the information that FDA has found essential to uses for which the manufacturer has provided “substantial evidence” of efficacy in accordance with strict regulatory standards. As a result, the labeling, while authoritative, is incomplete. Changes in the environment for prescribing decisions, including the increasing importance of comparative effective research (CER) information, make it timely to consider reforms to the current regulatory framework for drug labeling. This paper sets forth a proposal for legislative adjustments to the Federal Food, Drug, and Cosmetic Act to make the approved labeling for drugs more pertinent to clinical decisions by providing for the inclusion of a more heterogeneous mix of information from CER sources and clinical trials not meeting the traditional “substantial evidence” standard—without abandoning a central role for FDA review. These reforms would not only clarify the rules governing manufacturer distribution of off-label use information but also enhance patient care by improving prescribing decisions.
|
|
Articles
|
|
February 2012
Sports and Competition Law: An Overview of EU and National Case Law
e-Competitions
Practitioners and others with an interest in the interface between sports and competition law are only too aware of the scarcity - until now - of effective resources to monitor and understand the multitude of parallel developments arising in the EU and the EU’s member states. Resources such as these are vital: while the European Commission's decisions have far reaching effects and are well publicized, they are relatively few in number and sports bodies, teams, rights owners, and sport practitioners (or those advising them) have a need to learn and draw from national practices, cases and decisions. Such national cases have also increased in number and importance since the advent of decentralized competition law enforcement in 2004.
|
|
Articles
|
|
January 10, 2012
NDA Approval Under FDCA Section 505(B)(1) Based On Effectiveness Data From One Clinical Trial
Social Science Research Network
For new drug approval, the Food and Drug Administration (FDA) generally requires two or more clinical trials that demonstrate effectiveness. Notwithstanding, the Federal Food, Drug, and Cosmetic Act (FDCA) expressly authorizes FDA to approve drugs based on one trial with “confirmatory” evidence, and the Agency has issued guidance describing when only one trial is sufficient. To evaluate the frequency with which FDA approves new drugs based on only one trial, we researched the relevant statutory background and FDA guidance, and also reviewed new drug and biological product approvals since 1997. Out of 394 products approved from 1998 to 2011, we identified 30 products that were approved based on effectiveness data from one trial.
|
|
Articles
|
|
January 6, 2012
Consumer Financial Protection Bureau Proposes Two-page Credit Card Agreement
International Law Office
On December 7, 2011 the Consumer Financial Protection Bureau announced a new Know Before You Owe project. The stated goal of the project is to simplify credit card agreements to enhance consumer understanding of the prices, risks and terms of credit cards.
|
|
Articles
|
|
January-March 2012
A Move to Self-Assessment in Mergers
MLex Magazine
It may be hard for some to believe now, but when the European Commission was first given jurisdiction over large mergers in the 1989 Merger Control Regulation (which came into force in late 1990) it was enacted in the face of substantial opposition and scepticism. Many commentators expressed reservations that the commission was bound to fail in its task. Some of the objections turned on substantive issues but even more of them were essentially procedural. In particular, how could an organisation which routinely took two or three years to review a simple notification of a commercial practice be expected to handle potentially complex mergers in large numbers and in a fraction of that time? References to “old dogs” and “new tricks” abounded. There was widespread concern that the tight deadlines which were imposed as part of the bargain for being given these powers would prove impossible to respect, and there was much discussion of the consequences of those fixed time limits expiring without a decision.
|
|
Articles
|
|
January 2012
FAQs: New Listing Rules in Respect of Debt Securities Offered to Professional Investors
Hong Kong Lawyer
This article discusses the most frequently asked questions about what the new regime entails for the listing of debt securities issued to professional investors and the impact it will have on issuers in the Hong Kong debt market.
|
|
Articles
|
|
January 2012
Chapter H16- Insurance Companies
Totty, Moss and Segal: Insolvency
Insurance, is an area where almost every member of the public has some involvement. As a result, special legislation attempting to prevent insolvency and to deal with its particular problems if insolvency nonetheless occurs has been in force for some years. This legislation has, until relatively recently, not been greatly altered by the Insolvency Act of 1986. A fundamental change, introduced on April 20, 2003, is the giving of priority to insurance creditors over other uninsured creditors (including reinsurance creditors) in the winding-up of an insurer. This chapter deals with the special legislation for insurance companies, and the features in ordinary insolvency proceedings which are peculiar to both companies and brokers. The Lloyd's market is outside the scope of this chapter.
|
|
Articles
|
|
January 2012
Antitrust Concerns From Partial Ownership Interest Acquisitions: New Developments in the European Union and United States
Competition Policy International
This article will focus on recent developments in the European Union and the United States relating to antitrust issues arising from the acquisition of partial ownership interests in an entity. An important distinction exists in the treatment of partial ownership acquisitions between the European Union and the United States. While the European Commission (the “EC”) does not (currently at least) have competence under its merger control rules to review partial ownership acquisitions that do not confer control on the purchaser, the U.S. authorities (and certain EU Member States) have broader jurisdiction.
|
|
Articles
|
|
December 16, 2011
FinCEN Releases FAQs on Pre-paid Access Rule
International Law Office
On November 2 2011 the Treasury Department's Financial Crimes Enforcement Network (FinCEN) released a set of frequently asked questions (FAQs) to assist providers and sellers of pre-paid access in understanding certain aspects of the final pre-paid access rule that FinCEN issued on July 29 2011. FinCEN makes clear that the FAQs are intended to provide interpretive guidance only, and do not supersede or replace any aspect of the pre-paid access rule. This article discusses certain aspects of the guidance that the FAQs provide with respect to the pre-paid access rule.
|
|
Articles
|
|
December 16, 2011
New US Sanctions Imposed Against Iran
International Law Office
On November 21, 2011, the United States imposed new sanctions against Iran in response to the recent alleged plot to assassinate the Saudi Ambassador in the United States and new findings by the International Atomic Energy Agency concerning Iran’s nuclear activities. Because the United States already maintains a nearly comprehensive embargo of Iran, these new sanctions primarily target non-U.S. persons with dealings in Iran’s petroleum, petrochemical, banking and nuclear sectors. The sanctions are accompanied by complementary measures imposed by the United Kingdom and Canada, with additional jurisdictions expected to impose similar measures in the coming days.
|
|
Articles
|
|
December 9, 2011
First Look: Leaked Draft of New EU Data Protection Regulation Suggests Significant Impacts for Global Businesses
BNA's Privacy and Security Law Report
A draft of a new EU Regulation on Data Protection to replace the existing EU Data Protection Directive was released un-officially earlier this week. The draft Regulation once adopted will have a significant impact on virtually all businesses established in the EU, or who carry on business with the EU, introducing significant internal compliance requirements and fines that range up to 5% of worldwide turnover.
In an article published by the Bureau of National Affairs, John Casanova and William Long of the London office of Sidley Austin and Alan Raul and Ed McNicholas of the Sidley Washington office provide their initial analysis of this significant new EU development.
|
|
Articles
|
|
November/December 2011
China’s New Drug GMP: Higher Standard, New Compliance Philosophy
The Food and Drug Law Institute
China’s major new drug Good Manufacturing Practices regulations (GMP 2010) took effect on March 1, 2011. Multinational companies can no longer rely solely upon compliance with U.S. or EU GMP regulations, and will need to review current procedures in China.
|
|
Articles
|
|
November 23, 2011
Professional Responsibility Issues for Swaps Lawyers Under Dodd-Frank
The Review of Securities & Commodities Regulation
Mandated by Dodd-Frank, the CFTC’s proposed new anti-evasion and final whistleblowing rules present novel professional responsibility issues and some fine lines for lawyers. Under the anti-evasion rules, a transaction may be deemed an evasion if it lacks a legitimate business purpose or involves deception or other illegitimate activity. The new whistleblower rules will require lawyers to assist clients in developing plans to encourage whistleblowers to report violations internally and to protect them from retaliation. The author discusses the rules and their potential for interference with the lawyer’s traditional role as trusted confidential adviser.
|
|
Articles
|
|
November 11, 2011
OFAC Eases Rules for Food Exports to Iran and Sudan
International Law Office
On October 12, 2011, the Office of Foreign Assets Control (OFAC) issued a final rule authorizing the export and re-export of food to Iran and Sudan. These changes come in the form of two new general licenses under the Iranian Transactions Regulations and the Sudanese Sanctions Regulations. These licenses replace a 2009 interim final rule that required agricultural and other commodity exporters to apply for specific licenses on an annual basis.
|
|
Articles
|
|
November 2011
When the Government’s Best Defense Is a Good Offense: Litigating Fraud and Other Counterclaim Cases Before the U.S. Court of Federal Claims
Briefing Papers
The U.S. Federal Government is always the defendant in cases before the U.S. Court of Federal Claims. The Federal Government cannot initiate suit in the COFC; rather, a private party initiates an action in the COFC by filing suit against the Federal Government, which is represented, in such cases, by the U.S. Department of Justice. The initial litigation risk calculus performed by the assigned DOJ trial attorney handling a COFC matter often favors the plaintiff because, from the Government’s point-of-view, as the defendant, there is only downside. In other words, assuming that the Government may owe the plaintiff some money, the issue becomes one of quantum only. Put yet differently, the best outcome the Government can hope for at the outset of a case is dismissal or a judgment in the Government’s favor, but there is no potential upside.
|
|
Articles
|
|
October 28, 2011
A Transatlantic Initiative to Prevent a Digital Trade War in the Cloud
The Washington Times
Just about the last thing the world economy needs right now is a trumped up, digital trade war about electronic data stored and processed on servers located virtually anywhere. However, unless the governments of United States and Europe, and multinational tech companies, start talking soon about reconciling and simplifying international data protection rules, some ominous storm clouds could threaten transatlantic eCommerce.
|
|
Articles
|
|
October 18, 2011
Financial Advisors and the Attorney-Client Privilege
Bloomberg Law Reports - Corporate and M&A Law
Investment bankers and other business advisors frequently are key participants in corporate transactions. This makes it important for counsel to understand the application of the attorney-client privilege with respect to such advisors and to carefully consider the circumstances under which such advisors are considered third parties whose review of or participation in confidential communications may waive the privilege.
|
|
Articles
|
|
October 2011
Futures-Based Exchange-Traded Funds - What are They, How are They Structured and Who Regulates Them?
Futures & Derivatives Law Report
The popularity of exchange traded funds (“ETFs”) has led to almost constant innovation in this relatively young market. Many newer ETF offerings are more tailored in their investment objectives, creating greater diversity within the ETF space. This evolution includes the introduction in 2006 of the first futures-based ETFs (“Futures-Based ETFs”). This subset of the ETF industry differs from its predecessors principally because of the type of investments it makes (e.g., futures contracts), its fund structure, and the cocktail of futures regulations and securities and broker-dealer regulations that apply. As the title indicates, this outline focuses on Futures-Based ETFs and attempts to shed some light on a segment of the market that has amassed substantial assets under management in a relatively short time.
|
|
Articles
|
|
September 14, 2011
Must FDA Engage in Rulemaking to Regulate Laboratory-Developed Tests?
FDLI's Food and Drug Policy Forum
For more than a year, the Food and Drug Administration (FDA) has been signaling plans to develop a risk-based framework for laboratory-developed tests (LDTs), which largely have been outside of the agency’s regulatory purview. In July 2010 FDA held a public meeting at which officials unveiled plans to regulate clinical laboratories that develop and perform LDTs as “manufacturers” of medical devices and to subject the LDTs to certain of FDA’s medical device requirements, including establishment registration and device listing. More recently, in the context of discussions regarding the reauthorization of the Medical Device User Fee Amendments, FDA confirmed that the agency plans to regulate clinical laboratories and LDTs using a risk-based approach.
|
|
Articles
|
|
September 9, 2011
A New Battleground in Class Actions: Rule 23(a)(2)’s Commonality Requirement
BNA's Class Action Litigation Report
The U.S. Supreme Court’s landmark decision in Wal-Mart v. Dukes has thrust the commonality requirement of Fed. R. Civ. P. 23(a)(2) on to center stage for class litigation, says attorney Jeffrey E. Crane in this BNA Insight. This author summarizes Rule 23(a)(2) standards prior to Wal-Mart, and ponders how future class actions will adapt to Wal-Mart’s standard for Rule 23(a)(2) commonality and for complying generally with Rule 23.
|
|
Articles
|
|
September 2, 2011
United States Tightens Sanctions Against Syria
International Law Office
On August 18, 2011 President Obama imposed further sanctions on Syria. The new sanctions block all property interests of the government of Syria and prohibit many trade transactions by US persons with Syria. These sanctions represent the strongest US financial action taken against the regime of Syrian President Bashar al-Assad since the start of popular protests in Damascus earlier this year.
|
|
Articles
|
|
September 2011
Gates, A Primer
Bloomberg Law Reports - Securities Law
Redemption gates have been applied more than ever before in the past few years. This article discusses various aspects of gates that should be considered by managers and investors, including different types of gates and their various features, drawbacks and benefits within the overall context of liquidity issues confronting hedge funds. As such, it provides a framework for discussion related to the establishment of a gate and negotiation between a hedge fund and its investors with respect to the gate’s attributes. Gates which apply on a fund-wide basis and gates that apply on an investor by investor basis are addressed.
|
|
Articles
|
|
2011 Edition
Participation of Third Parties in International Arbitration: Thinking Outside of the Box
The International Comparative Legal Guide to: International Arbitration 2011
Large multinational firms frequently involve more than one corporate entity in the performance of cross-border contracts. It is likewise common for a number of parties to participate in a single economic transaction through multiple contracts, or for contracts to continue in force following the sale or other disposition of a business. These scenarios can generate complex disputes which involve the conduct of multiple parties, some not signatories to an arbitration agreement, or at least not to the same arbitration agreement. In these circumstances, the involvement of third parties in an arbitration may be essential to the twin goals of efficiency and justice, and can even lead to the early resolution of a dispute. Joining such third parties to an arbitration, however, can be procedurally complex, particularly when they are unwilling participants.
|
|
Articles
|
|
September 2011
Privacy and Mobile Apps
This paper first provides a background discussion of the rapidly developing mobile app industry. It discusses the market for apps, the key players in the industry, and focuses on the privacy and security implications of mobile apps. The paper next examines the roles of key United States regulators of app privacy, as well as current relevant legislation and litigation. We next explore non-U.S. legal frameworks for app privacy. Lastly, we analyze new directions for app privacy propounded by privacy advocates and NGOs.
|
|
Reports
|
|
September 2011
The New Arbitration Legislation in Hong Kong and France: A Comparative Study
Mealey's International Arbitration Report
Hong Kong and France are both strong promoters of arbitration as a means of alternative dispute resolution. They both have legal systems that are well developed and arbitration friendly. And coincidentally, both have recently enacted new arbitration legislation. Hong Kong’s new Arbitration Ordinance came into force on 1 June 2011, and France’s new arbitration law, Decree 2011-48 of 13 January 2011 came into force on 1 May 2011. The writer does not profess to be an expert on French law. Nevertheless, the differences between the two new regimes are so striking that it hardly matters. This article highlights some of them.
|
|
Articles
|
|
September 2011
The Raj Rajaratnam Conviction: What Does It Really Indicate?
Financial Fraud Law Report
As has been well publicized, a New York jury has convicted Raj Rajaratnam, founder and principal of the Galleon Group, of all 14 counts charged against him in a criminal indictment. The case is widely and correctly perceived as a seminal case in the prosecution and defense of insider trading. Many commentators have proclaimed that this will encourage aggressive prosecutions in the future, signals the end of the mosaic defense, and is a significant victory for the prosecutors. On a closer look, however, this verdict was neither the easy result the prosecutors might have expected nor the end of sound defenses in insider trading cases. In many ways, this verdict stems from unique facts not present in many insider trading prosecutions. While the full implications of the case will have to await the outcome on appeal, two lessons are immediately apparent.
|
|
Articles
|
|
September 2011
OCC Moves to Implement Dodd-Frank Act Preemption Provisions
The Banking Law Journal
The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) amended the National Bank Act to specifically address the preemption of state law. The Office of the Comptroller of the Currency (“OCC”), the regulator of national banks, recently issued two releases — a letter and a proposed regulation — regarding the implementation of the Dodd-Frank Act. These releases have provided important and long-awaited guidance into the OCC’s interpretation of the Dodd-Frank Act preemption provisions and the continuing applicability of the preemption regulations adopted by the OCC in 2004 (“OCC Preemption Regulations”). The authors review the Dodd-Frank preemption provisions and new regulatory developments with respect to preemption.
|
|
Articles
|
|
August 2011
Wisconsin Courts Reject Heightened Scrutiny in Mergers and Acquisitions Litigation
Bloomberg Law Reports - Corporate and M&A Law
Other than Delaware, very few states have well-developed jurisprudence concerning the law to be applied in shareholder lawsuits challenging merger and acquisition transactions. Over the last few years, the Wisconsin courts have had the opportunity to develop law in this area, applying the business judgment rule to evaluate the validity of merger transactions and rejecting Delaware-style heightened scrutiny. Absent specific allegations of a breach of the duty of loyalty or bad faith, the Wisconsin courts are not likely to interfere with a board’s decision to enter into a merger transaction. The Wisconsin courts have also suggested that the same analytical framework may apply to the judicial review of proxy materials.
|
|
Articles
|
|
July 26, 2011
Real Harmony in Cloud Computing Between U.S., EU Closer Than You Think
BNA's Daily Report for Executives
Laws in the European Union and the United States regarding government access to personal information in the cloud are more harmonious than many in the EU believe. Those governments specifically authorize derogations from individual privacy rights in the interest of protecting national security, combating terrorism, and investigating serious crime, writes Alan Charles Raul, partner in Sidley Austin LLP's Washington, D.C., office. The United States is not an outlier because Europe recognizes the same imperatives to balance data protection and privacy against security and law enforcement needs, the author says. Raul contends that concerns of an EU parliamentarian from the Netherlands—that U.S.-based cloud-computing providers are more exposed to government intrusion than EU providers—do not acknowledge parallels between U.S. and EU law.
|
|
Articles
|
|
July 21, 2011
Dodd-Frank Act Has its First Birthday, But Derivatives End Users Have Little Cause to Celebrate
Harvard Business Law Review
A year has passed since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). Title VII of the Dodd-Frank Act, entitled the Wall Street Transparency and Accountability Act of 2010 (“Title VII”) created a new transparent exchange-type trading marketplace for over-the-counter swaps subject to regulation by the Commodity Futures Trading Commission and security-based swaps subject to regulation by the Securities and Exchange Commission (collectively, “OTC derivatives” or “swaps”). This article will discuss the significant impact Title VII has, and will continue to have, on the end user, or “buy” side, of the derivatives markets.
|
|
Articles
|
|
June 2011
Delegation Dilemma: Can HHS Require Medicare ACOs To Undergo Pre-Clearance by the Antitrust Agencies?
BNA's Health Law Reporter
One of the most anticipated aspects of last year’s health reform legislation, the Patient Protection and Affordable Care Act (PPACA), is the Medicare Shared Savings Program. That program seeks to cut Medicare costs and promote quality care through the use of accountable care organizations (ACOs). This article addresses the question of whether or not HHS can require Medicare ACOs to undergo pre-clearance by the antitrust agencies and concludes that the proposed ACO regulations, to the extent they make the antitrust agencies the final arbiters of whether certain proposed ACOs qualify to participate in the Medicare Shared Savings Program, likely exceed HHS’s statutory authority.
|
|
Articles
|
|
June 24, 2011
Evolving Use of Experts in Class Certification Proceedings
BNA's Class Action Litigation Report
Prior to the Seventh Circuit’s landmark 2010 decision in American Honda Motor Co. v. Allen, federal courts applied varying standards to the admissibility of expert reports at the class certification stage, say attorneys Joel S. Feldman, Christopher M. Assise, and Laura Bayard in this BNA Insight. In addition to examining the disparate ways courts assessed expert testimony in certification proceedings before American Honda, the authors analyze the seminal ruling, and place it in the context of ‘‘a growing movement among federal courts to apply more exacting evidentiary and burden of proof standards to plaintiffs’ requests for class certification.’’
|
|
Articles
|
|
July 2011
New Rules in China Tighten ADR Reporting Environment
Regulatory Affairs Pharma
This article discusses the new reporting rules on adverse drug reactions.
|
|
Articles
|
|
June 1, 2011
Position Limits for Commodity Derivatives Under Dodd-Frank
Business Law Currents
This article discusses the recently proposed position limits for derivatives. All of the rules discussed in this article are currently in proposal and comment phase and the final effective rule may be different.
|
|
Articles
|
|
April - June 2011
A Bosman Moment for Online Content Delivery?
MLex Magazine
This article analyses the EU’s task of creating a comprehensive framework for territorial licensing of broadcasting and digital rights, and the wider ramifications of AG Kokott’s Opinion in Murphy and QC Leisure.
|
|
Articles
|
|
June 2011
Proposed Changes to ISDA Section 2(a)(iii) and the "Flawed Asset" Approach
Bloomberg Law Reports - Derivatives Law
One of the cornerstones of the ISDA Master Agreement is Section 2(a)(iii), which provides in relevant part that "Each obligation of each party under Section 2(a)(i) [that is, each obligation of that party to make a payment or delivery] is subject to (1) the condition precedent that no Event of Default or Potential Event of Default with respect to the other party has occurred and is continuing . . . ."
|
|
Articles
|
|
|