Client Alert

PH Quarterly - Q4 2010

January 01, 2011

By Paul Hastings Professional

Antitrust and Competition

• New Rules Applicable to Distribution Agreements: A New Competition/Antitrust Challenge for Suppliers in the EU?

• What Price Cooperation? The Ever Increasing Cost of Global Antitrust Cases

Banking and Financial Institutions

• Further Developments in the Operation of the ECB Repo Facility

• UK Securities Law Update - Q3, 2010

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

China Matters

• China Matters: Technology Companies Operating in Asia Remain a Focus for FCPA Enforcement

• China Matters: What's Next for Foundations in China?

• China Matters: New Rules Reiterate Existing Restrictions on the Acquisition of Real Estate in China

Employment Law

• A Lunch Break from the Meal Period Law: Certain California Workers Now Exempted

• Adrift in a Sea of Disclosure: New DOL Rules Require Disclosure of Plan Fees to Participants

• DOL Proposes New ERISA Rule to Expand the Definition of "Fiduciary"

• New DOL Proposed Regulations Require Additional Disclosures for QDIAs and Target Date Retirement Funds

• The EEOC Has Issued Final Regulations Implementing GINA

• The SEC Issues Proposed Rules on Dodd-Franks Executive Compensation Shareholder Approval Rules

• Health Care Reform Requires Action in 2010: Action Items Employers Must Implement Before Year-End

Healthcare

• CMS' New Self-Referral Disclosure Protocol

• Healthcare Industry Reps Provide Input to Federal Regulators on How Best to Accommodate ACOs

International Dispute Resolution

• A Comparison of the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act

• Comments on the Whistleblower Program of the Dodd-Frank Act

• Quarterly FCPA Report: Third Quarter 2010

• Dodd-Frank Act Provides Rewards for Whistleblowers Who Report FCPA Violations

International Arbitration

• The European Union Adopts Restrictive Measures Against Iran

• Second Circuit Holds Corporations Not Liable Under Alien Tort Statute

Investment Management

• SEC Proposes Rules to Implement Dodd-Frank Act Regulation of Private Investment Funds and their Managers

• Hedge Fund Report - Summary of Key Developments - Fall 2010

• EU Alternative Investment Fund Managers Directive - Implications for non-EU based Alternative Investment Fund Managers

Intellectual Property

• District of Delaware Allows Generic Drug Manufacturers to "Carve Out" Two AstraZeneca Patents Claiming FDA-Approved Uses of Crestor

• FDA Revokes Final ANDA Approval, Determining That a Preliminary Injunction Extends the 30 Month Stay

• Federal Circuit's Prometheus Decision Reaffirms Patentability of Methods of Treatment

• Federal Circuit Vacates Injunction Against Generic Drug Manufacturer, Determining That A Settlement Agreement Term Is Ambiguous

• Todays En Banc Oral Argument in Therasense: The Federal Circuit Wrestles With How Much To Reform Inequitable Conduct

• Crucial Biotech Patentability Question in Myriad Case

Mergers and Acquisitions

• Delaware Supreme Court Affirms NOL Poison Pill Under Unocal

Real Estate

• The California Air Resources Board Sets Ambitious Greenhouse Gas Emissions Reduction Targets Under SB 375

• New Law Strengthens Cal/OSHA's Enforcement Authority

• California Enacts Landmark Energy Storage Law

• Californias Latest Attempt to Streamline the California Environmental Quality Act

• Passage of Proposition 26 Alters Future of Regulatory Fees in California

• City Brownfields Program Aims To Accelerate Site Cleanup

Securities and Capital Markets

• The SEC Adopts Final Proxy Access Rules

Securities Litigation and Enforcement

• FASB Postpones Changes to Loss Contingency Disclosure Requirements Amid Widespread Criticism

• Delaware Court Holds That Creditors Lack Standing to Pursue Derivative Claims On Behalf of Insolvent LLCs

• SEC Continues to Prosecute Regulation Fair Disclosure Violations

• Pleading and Proving Loss Causation: Litigating Securities Fraud in a Post-Dura World

Tax

• New Two-Year Gift, Estate And GST Tax Law Enacted

• Congress Passes Tax Legislation Affecting Regulated Investment Companies

• New Law Creates Zero Percent Effective Tax Rate for Certain Qualified Small Business Stock

• Certain Gulf Opportunity Zone Tax Incentives Extended through 2011

• Renewable Energy Cash Grant in Lieu of Tax Credit Program Extended through 2011

• Certain Exceptions to Subpart F Income Are Extended for Two Additional Years Under The Tax Relief Act of 2010