Our lawyers provide sophisticated analysis, practical guidance and thought leadership on a wide range of topics. We encourage our readers to review this collection of client alerts, articles and white papers and benefit from the authors’ exceptional experience, market knowledge, practiced judgment and singular insights.
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Washington, D.C. partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are the authors of "Climate Change: A Heat Wave of New Federal Regulation and Legislation" [PDF] published in the June 2009 issue of The Federal Lawyer.Reprinted with the permission of The Federal Laywer.
Client Alert | June 1, 2009
Government investment funds, often referred to as "sovereign wealth funds," have become increasingly visible investors in the United States, a trend that has not escaped the attention of Congress.
Client Alert | May 29, 2009
This week Pequot Capital Management announced that it will wind down in the wake of public disclosures that the government has reopened a previously closed investigation of potential insider trading. The announcement is a stark reminder of the high costs that can be imposed by a pending government investigation irrespective of the outcome and reinforces the need to (1) prevent investigations, and, if they cannot be avoided, (2) conclude them successfully and rapidly.
Client Alert | May 28, 2009
San Francisco associates Matthew S. Kahn and Matthew L. Berde are the authors of "Considering Coupons" published in the May 27, 2009 issue of the Daily Journal.
Client Alert | May 27, 2009
On May 26, 2009, the United States Supreme Court granted certiorari in Merck & Co. v. Reynolds, No.
Client Alert | May 27, 2009
On May 22, 2009, President Obama signed into law the Weapons Systems Acquisition Reform Act of 2009. The legislation passed unanimously in the House and Senate the previous week. In April, the Government Accountability Office issued a report regarding the Pentagon's weapons systems, which found that 95 major systems exceeded their original budgets by $295 billion and on average were delivered two years late. Obama announced that the new law will crack down on defense programs with huge cost overruns and increase competition for contracts. The new law amends certain sections of Title 10 of the U.S.
Client Alert | May 27, 2009
Two important deadlines for amending tax-qualified retirement plans (such as "401(k)" plans) and executive bonus arrangements are rapidly approaching. All employers need to review their plans and bonus arrangements and ensure that appropriate amendments are adopted in a timely manner.Tax-Qualified Retirement PlansPursuant to IRS procedures that were issued in 2005, employers generally are required to adopt "good faith" amendments to their tax-qualified retirement plans no later than the end of the "remedial amendment period" for the year in which law changes become effective. For calendar year taxpayers, the remedial amendment period generally is September 15 of the next year. The key changes that became effective for most plans in 2008 were t
Client Alert | May 27, 2009
On May 20, 2009, President Obama signed into law significant changes to the False Claims Act, 31 U.S.C. § 3729 et seq. ("FCA"). The amendments will increase the liability exposure of every company that does business with the federal government and of every company that supplies goods or services that are reimbursed by federal government dollars. This update provides an overview of the changes brought about by the new law, which (among other things), legislatively overturns the Supreme Court's 9-0 ruling last term in Allison Engine Co., Inc.
Client Alert | May 26, 2009
California's Unfair Competition Law (Cal. Bus. & Prof.
Client Alert | May 26, 2009
Denver partner Robert C. Blume and New York of counsel Alexander Southwell are the authors of "A Sword or a Shield-The New Administration's Approach to Cybercrime and Cybercrime Fighting" [PDF] published in the May/June issue of The Champion, a publication of the National Association of Criminal Defense Lawyers.
Client Alert | May 25, 2009
On May 7, 2009, the Securities and Exchange Commission settled charges against INTECH Investment Management, LLC, a registered investment adviser with over $55 billion in assets under management, and David E.
Client Alert | May 21, 2009
Today, the Securities and Exchange Commission ("SEC") approved the publication of proposed amendments to the SEC's proxy rules to permit shareholders to nominate directors in a company's proxy materials (also known as "proxy access"). The proposals include: (1) a federal proxy access right that would preempt state law and a company's charter and bylaws; and (2) an amendment to Rule 14a-8 to permit proxy access shareholder proposals.
Client Alert | May 20, 2009
Recent reports suggest at least one-third of California's 267,000 foreclosure sales in 2008 were foreclosures of rental units. Generally a mortgage lien which is first in time takes priority over the encumbrance of a lease which was entered into after the mortgage lien was created. As a result, the purchaser of a foreclosed property may generally terminate the subordinate leases on the property and evict its tenants.
Client Alert | May 19, 2009
On May 18, 2009, the United States Supreme Court granted certiorari in Conrad M. Black v. United States, No. 08-876, agreeing to decide whether and to what extent private sector conduct can be prosecuted under 18 U.S.C.
Client Alert | May 19, 2009
Mergers and acquisitions have been hit hard by the downturn, with Thomson Reuters reporting that the ratio of "withdrawn deals" to completed deals in 2008 was at an all-time high - higher even than during the tech meltdown of 2001.The U.S.
Client Alert | May 19, 2009
Washington, D.C. partner Andrew Tulumello, New York partner Aric Wu and Washington, D.C. associate Brian D. Boone are the authors of "Will 'Bridge' Lead to More RICO Fraud-Based Certifications?" [PDF] published in the May 18, 2009 issue of the New York Law Journal.
Client Alert | May 18, 2009
The economic downturn has virtually frozen acquisition financing and collapsed the value of many companies, which is credited for breaking up numerous acquisitions.
Client Alert | May 18, 2009
On May 14, 2009, the U.S. Securities and Exchange Commission held an open meeting to consider proposed amendments to rule 206(4)-2 under the Investment Advisers Act of 1940. According to Andrew J.
Client Alert | May 15, 2009
Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jennifer D. Greenston are the authors of "A Potentially Game-Changing Ruling on CERCLA Liability" [PDF] published in the May 14, 2009 issue of The Daily Journal.
Client Alert | May 14, 2009
This May 2009 alert focuses on Congress' expected creation of an independent commission to examine the domestic and global causes of the U.S. financial and economic crisis.
Client Alert | May 13, 2009