Client Alert

PH Quarterly - Q1 2011

April 01, 2011

By Paul Hastings Professional

Antitrust and Competition

• Cartel Regulation 2011 - Global Overview

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Complex Litigation and Trial_

• Kwikset Corp. v. Superior Court Clarifies UCL Standing Requirements

• Retailers in California Face New Scrutiny of Credit Card Transactions in Light of Pineda v. Williams-Sonoma Stores, Inc., 51 Cal. 4th 524 (2011)

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Employment Law_

• U.S. Government Set to Impose Export Control Certification for Foreign Worker Visa Program - Are You Ready?

• Federal and State Warn ACT Summary

• EEOC Releases Final Regulations Significantly Expanding Coverage under the Americans with Disabilities Act

• An Employment Decision Can Be Discriminatory Even If The Decision-Maker Has No Discriminatory Intent, Supreme Court Rules

• Ninth Circuit Finding in Pharmaceutical Sales Reps Case is a Coup for Big Pharma

• New Yorks New Wage Theft Law: What It Means, and What To Do Now

• UK Employment Law: The Hot Topics

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ERISA and Global Benefits_

• The Swan Song of Schedule SSA to Form 5500

• Final Say on Pay Rules - No Surprises, Other than from Shareholders

• Crossing the Pond . In Search of Better Executive Compensation Practices

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Finance and Restructuring_

• Game Changer: Second Circuit Finds "Gifting" By Secured Creditor to Old Equity Pursuant to Chapter 11 Plan Violates Absolute Priority Rule

• UPDATE: The Insolvency Point of No Return for Securitisation Issuers

• Changes In Bank Of Italys Requirements For Recognition Of Securitization Transactions

• Electronic Money: New Authorisation Regime Effective In The United Kingdom (UK) From 9 February 2011

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Global Banking and Payment Systems_

• Implementing the Durbin Amendment: The Proposed Rule on Debit Network Interchange Fees and Rules

• Time for a Change - the Thrift Charter and Strategic Considerations for Conversion

• Federal Reserve Board Proposal Defines Parameters of FSOC "Systemically Significant" Designation

• (http://www.paulhastings.com/publicationDetail.aspx?publicationId= 1826)

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Global Compliance and Disputes_

• Quarterly FCPA Report: Fourth Quarter 2010

• FCPA and UK Bribery Act Risks Facing Financial Institutions

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Intellectual Property_

• "25 Percent Rule" Axed for Patent Infringement Damages and Test for the Entire Market Value Rule Reaffirmed

• Intellectual Property Outlook for 2011

• Federal Circuit Applies Heightened Pleading Requirements To False Patent Marking Claims

• FDA Requires Reformulation and Recertification by Generic - Results in Dismissal of Declaratory Judgment Action

• Lapsing of Patent for Failure to Pay Maintenance Fees Held Not to Invalidate Terminal Disclaimer

• Patent Reform, Including Supplemental Examination, Passes Todays Senate Judiciary Committee Vote

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Investment Management_

• ILPA Private Equity Principles 2.0

• SEC and CFTC Propose Private Fund Adviser Reporting Form

• Section 13 SEC Reporting by Advisers and Brokers and Section 16 SEC Reporting by "Insiders" of Public Companies

• CFTC Proposes Amendments to Compliance Obligations of CPOs and CTAs

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Mergers and Acquisitions_

• Outlook for 2011 of Merger Control in the EU: First Prohibition Decision in More Than Three Years

• Delaware Chancery Court Confirms that Non-Signatory Shareholders are Bound to Terms of Merger Agreement

• Roam-Tel Partners v. AT&T Mobility Wireless Operations Holdings, Inc.

• Air Products v. Airgas: Rumors of Death of the Poison Pill Have Been Greatly Exaggerated

• Proposed Changes to the UK Takeover Regime

• 2011 Revised (Higher) Hart-Scott-Rodino Act Thresholds

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Real Estate_

• CMBS 2.0: The Future of European CMBS?

• Blueprint 2010-2011: The Los Angeles Planning Department Announces Major New Reorganization and New Staff Assignments

• Effects of and Reactions to Governor Brown's Proposal to Eliminate Redevelopment Agencies

• Deadline Fast Approaching for Submission of New York City Building Energy Use Benchmarking Data

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Securities Litigation and Enforcement_

• SEC Adopts First of ABS Disclosure Regulations

• Supreme Court Rejects Bright Line Test of "Statistical Significance" for Materiality in Securities Claims

• SEC Implements New Cooperation Program With Historic First Non-Prosecution Agreement

• What Ashcroft v. Iqbal Means for Securities Pleading Standards

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Tax_

• Treasury Issues Proposed Regulations Expanding the Definition of Publicly Traded Property

• Eliminating Enterprise Zones in California: An Analysis of the Proposed Budget and Its Effects on California Businesses

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Telecommunications and Media_

• FCC Adopts Controversial Net Neutrality Rules Governing Broadband Internet Access Services