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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Los Angeles partners Michael Farhang and Debra Wong Yang were panelists in the "White Collar Roundtable 2008" [PDF] published in the March 2008 issue of California Lawyer.
Client Alert | March 3, 2008
At the end of last week, the German Federal Cartel Office (FCO), Germany’s competition authority, fined several manufacturers of personal care products for price-fixing.
Client Alert | February 28, 2008
On February 20, the Supreme Court of the United States issued an 8-1 decision in Preston v. Ferrer, which held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (FAA) supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.
Client Alert | February 27, 2008
The Supreme Court's decision last week in LaRue v. DeWolff, Boberg & Associates, No. 06-856, slip op. (U.S. 2008), addressed the first of several issues that have divided the courts in ERISA "stock drop" cases, which concern losses to company 401(k) plans resulting from downturns in the company's stock.The defendant employer in the case, DeWolff, maintained a 401(k) plan in which plaintiff LaRue had been a participant.
Client Alert | February 25, 2008
In reliance on the IRS's view as expressed in private letter rulings in 1999 and 2006, many public companies have taken the position that amounts can qualify as “performance-based compensation” under section 162(m) of the Internal Revenue Code if the amounts are payable in connection with an executive’s termination of employment without “cause” or for “good reason” regardless of whether the performance goals have been satisfied. However, in a controversial private letter ruling issued in late January, the IRS reversed its longstanding position that such provisions are permissible in performance-based arrangements, thereby calling into question deductions that many companies have taken in prior years and the attendant financial reporting, as well as the deductibility of
Client Alert | February 22, 2008
On February 20, the Supreme Court of the United States issued an 8-1 decision in Riegel v. Medtronic, Inc., which held that federal law preempts state-law products liability claims challenging the design and labeling of medical devices that the federal Food and Drug Administration ("FDA") has found to be safe and effective.
Client Alert | February 22, 2008
At its open meeting on February 13, 2007, the SEC voted to propose several amendments to its disclosure and reporting requirements for foreign private issuers.
Client Alert | February 20, 2008
In a previous client update ("UK House of Lords confirms the limitations of the economic torts of intentionally causing economic loss"), we discussed the landmark judgment handed down on 2 May 2007 by the UK Judicial Committee of the House of Lords in three separate appeals involving claims for economic torts (OBG v Allan)1 "Economic torts" or "intentional torts" are perpetrated by a party (D) if D causes economic loss to another (P) in situations where D is in neither a contractual nor other legal relationship with P. In their May 2007 judgment, whilst their Lordships specifically considered, and clarified, the economic torts of (i) procuring or inducing a breach of contract between P and a third party (T); and (ii) unlawful interference with P's trade
Client Alert | February 19, 2008
New York partners Jonathan C. Dickey and Aric Wu and associate Ross Wallin are authors of "2008 Securities Litigation Reform Forecast: Cloudy, Chance of Rain" [PDF] published in the February 2008 issues of Securities Litigation Report.
Client Alert | February 15, 2008
New York partner Jonathan C. Dickey, Washington, D.C. partner Mark A. Perry, and Los Angeles partner Julian W. Poon are authors of "Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: The Supreme Court Rejects 'Scheme' Liability" [PDF] published in the January 2008 issue of Insights.
Client Alert | February 10, 2008
Brussels Associate Vassili Moussis is the author of "Parallel competences - Patchwork or framework?" [PDF] in the February 2008 issue of Global Competition Review.--------------------------------------------------------------------------------Reprinted with permission. www.GlobalCompetitionReview.com
Client Alert | February 5, 2008
London partner James Barabas and associate Sarah Trapani are the authors of "Changes to English Company Law: Directors' Duties" [PDF] which appeared in the February 2008 issue of Insights.
Client Alert | February 1, 2008
Washington, D.C. partner Mark Perry is the author of "Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action" [PDF] published in the February 2008 issue of Wall Street Lawyer.
Client Alert | February 1, 2008
Partner James J. Moloney and associate David C. Lee are authors of "Inside the SEC - Highlights from the 35th Annual Securities Regulation Institute" [PDF] published in the February 2008 issue of Insights. Reprinted with the permission of Aspen Publishers www.aspenpublishers.com.
Client Alert | February 1, 2008
Munich partner Michael Walther and associate Ulrich Baumgartner are authors of "Standardisierungs-Kooperationen und Kartellrecht" [PDF] (roughly translates as "Standard-Setting Bodies and Antitrust Law") published in the German competition and antitrust magazine Wirtschaft und Wettbewerb (WuW), Volume 58, Issue 2.
Article | February 1, 2008
Welcome to the latest Quarterly Executive Summary, in which we highlight key developments in UK Employment and Labour Law over the last quarter of 2007 and look forward to key developments in 2008. A headline summary of cases and developments is provided below.
Client Alert | January 31, 2008
Victims of state-sponsored terrorism will more readily be able to recover damages from terrorist states as a result of a provision of the National Defense Authorization Act for Fiscal Year 2008, which was signed into law today.
Client Alert | January 28, 2008
Orange County partner Craig H. Millet is the author of "The Impact of Financial Stress on the Exercise of a Director's Fiduciary Duties" [PDF] published in the January 19, 2008 issue of the Orange County Business Journal.
Client Alert | January 19, 2008
On December 12, 2007, the French Supreme Court upheld the Paris Court of Appeals' ruling of March 28, 2007, which found a French lawyer criminally liable for violating the 1980 Blocking Statute that prohibits, inter alia, the gathering in France of business-related information to be used in foreign litigation (the "Decision"). Factual BackgroundThe Decision is one aspect of the lengthy Executive Life case.In 1998, the California Insurance Commissioner launched an investigation against a French consortium for an alleged fraudulent take-over of the U.S.
Client Alert | January 17, 2008
On January 15, 2008, the Supreme Court issued an important decision clarifying the contours of private actions under the key anti-fraud provision of the securities laws.
Client Alert | January 15, 2008