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KIRKLAND & ELLIS INTERNATIONAL LLP

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The page below contains links to publications authored by this office. To view a searchable listing of all Firm publications, please click here.

June 2012 - Article
The Banking Law Journal
Landmark German Bankruptcy Reform Law Creates Opportunities for Stakeholders
Bernd Meyer-Lowy, Leo Plank, Carl Pickerill and Florian Bruder discuss changes to German restructuring law.
5/18/2012 - Newsletter
Kirkland & Ellis LLP
Pro Bono Annual Review 2011
4/12/2012 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – April 12, 2012
This issue includes the article “The EU Alternative Investment Fund Managers Directive: Where are we now?” which discusses how, with the AIFMD settled nearly a year ago, the European Commission looks to advance to “Level 2,” which will move towards implementing the regime into each country’s national law. Also featured is “CRC Energy Efficiency Scheme: Steps Towards Simplification,” which states that criticisms of the UK CRC Energy Efficiency Scheme have been taken into consideration, and simplification proposals have been published, which if adopted, could simplify administration for private equity-backed portfolio companies.
4/5/2012 - Alert
Kirkland & Ellis International LLP
Landmark German Bankruptcy Reform Law Creates Opportunities for Stakeholders
The German parliament recently enacted a broad package of corporate bankruptcy reforms that will align Germany’s restructuring laws with Anglo-American practice and eliminate certain challenges currently faced by stakeholders seeking to protect their interests.
3/1/2012 - Article
Financier Worldwide
Impact Of German ESUG On Distressed M&A Transactions
Dr. Martin Ströhmann authored this article about restructuring in Germany.
March 2012 - Article
American Bankruptcy Institute Journal
The New German Insolvency Code: Decoding Improvements and Remaining Risks
Dr. Leo Plank, Dr. Bernd Meyer-Löwy and Carl Pickerill authored this article regarding developments in German restructuring laws.
Jan/Feb 2012 - Article
The TMA Journal of Corporate Renewal
Addressing Multijurisdictional Complexity in Europe
Leo Plank and Carl Pickerill authored this article regarding restructuring in the European Union.
1/12/2012 - Article
The Deal Pipeline
Germany's Revised Bankruptcy Code
Leo Plank, Bernd Meyer-Löwy, Jon Henes and Carl Pickerill authored this article regarding developments in German restructuring law.
7/13/2011 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – July 13, 2011
This issue includes the article “EU Alternative Investment Fund Managers Directive: Countdown to Implementation,” which reports that after repeated delays, the two-year countdown to implementation of the EU Alternative Investment Fund Managers Directive has begun. Also featured is “FTC/DOJ Announce Changes to HSR Rules and Notification Form,” which discusses the new changes to HSR premerger notification rules and form.
5/10/2011 - Newsletter
Kirkland & Ellis LLP
Pro Bono Annual Review 2010
4/28/2011 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – April 28, 2011
This issue includes the article “UK Bribery Act 2010,” which reports that under the UK Bribery Act, which will take effect on July 1, 2011, a commercial organization, which includes corporations, LLPs and partnerships, commits an offense if a person “associated with” it bribes another person with the intention of obtaining a business advantage for the organization.
3/15/2011 - Newsletter
Kirkland & Ellis LLP
Firmwide Diversity Digest
2/23/2011 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – February 23, 2011
This issue includes the article “SEC Registration Update,” which reports that, although the final Dodd-Frank Act rules are not expected to be published until April 2011, it currently appears that only firms with U.S. offices will be required to register with the SEC.
11/22/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – November 22, 2010
This issue includes the article “EU Alternative Investment Fund Managers Directive: The End of the Beginning,” which reports that the AIFMD, recently approved on November 11, 2010, is expected to become effective across the EU in January 2013; however, some provisions relating to non-EU funds and non-EU fund managers will be deferred until at least 2015.
11/12/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – November 12, 2010
This issue includes the article “EU Alternative Investment Fund Managers Directive: What Does it Mean for U.S. Private Fund Managers?” which discusses how the newly approved AIFMD will establish a new EU regulatory regime for all alternative investment fund managers, including private equity and hedge fund managers. The majority of rules are expected to come into effect in January 2013.
10/14/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – October 14, 2010
This issue includes the article “SEC Registration: Practical Pointers for Non-U.S. Fund Managers,” which reports that most non-U.S. fund managers with U.S. investors are required to register with the SEC by July 21, 2011. In order to meet this deadline, a firm will need to submit the necessary forms by late April/early May 2011.
October 2010 - Article
Internal Auditing
Digital Britain
Pierre-André Dubois and Shannon Yavorsky discuss the Digital Economy Act.
9/6/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – September 6, 2010
This issue includes the article “Regulatory Round-Up: Did Anything Happen While I Was Away?” which sets forth a quick overview of how key regulatory initiatives have progressed over the summer and where things now stand.
Authors: Stephanie Biggs
8/2/2010 - Newsletter
Kirkland & Ellis LLP
Pro Bono Annual Review 2009
7/27/2010 - Foundation Booklet
Kirkland & Ellis LLP
2009 Foundation Booklet
7/22/2010 - Alert
Kirkland & Ellis LLP
New Legislation Further Lengthens Reach of Extraterritorial Application of U.S. Embargo of Iran
In the wake of the June 9, 2010 adoption of United Nations Security Council Resolution 1929, on July 1, 2010, President Obama signed into law H.R. 2194, the “Comprehensive Iran Sanction, Accountability, and Divestment Act of 2010” (“CISADA”), which had been approved by both the U.S. House of Representatives and the U.S. Senate on June 24, 2010 by overwhelming majorities of 408 - 8 and 99 - 0, respectively. The legislation principally expands the scope of the Iran Sanctions Act (“ISA”) to more effectively target persons, including non-U.S. entities, engaged in activities relating to the Iranian petroleum sector.
Authors: Laura Fraedrich
7/21/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – July 21, 2010
This issue includes articles which address three of the primary ways in which the Dodd-Frank Act affects private fund managers and investors: “Time for Many Private Fund Managers to Prepare for Investment Adviser Registration,” “Dodd-Frank Act May Prevent Private Fund’s Representative from Serving on Public Company’s Compensation Committee,” and “Volcker Rule Requires BHCs and their Affiliates to Divest Investments in Private Funds.”
5/18/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – May 18, 2010
This issue includes the article “EU Alternative Investment Fund Managers Directive: Are We Nearly There Yet... ?” which reports that, although two key votes on the EU Alternative Investment Fund Managers Directive took place this week, it is not a done deal, with certain major issues still up for negotiation.
4/1/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – April 1, 2010
This issue includes the article “UK CRC Energy Efficiency Scheme,” which states that the UK CRC Energy Efficiency Scheme will require some private equity firms with controlling stakes in portfolio companies that have UK operations to register with the UK Environment Agency.
3/17/2010 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter – March 17, 2010
This issue includes the article “Regulation of Private Equity Firms: EU and U.S. Developments,” which discusses the postponement of the EU AIFM Directive, pending further negotiations.
2/10/2010 - Article
Daily Bankruptcy Review
Crossing Borders: International Reorganizations
James Sprayregen and David Agay authored this article regarding developments in international restructurings.
1/20/2010 - Article
IP Value
Sponsored Keywords – Greater Clarity Needed in Europe
Pierre-André Dubois and Shannon Yavorsky co-authored this article on the topic of keyword advertising.
1/20/2010 - Article
IP Value
United Kingdom: Recent Developments in Patent Law
Pierre-André Dubois and Catherine Schreier co-authored this article regarding hot topics and trends in patent litigation.
1/13/2010 - Article
Kirkland & Ellis International LLP
Accounting Requirements for UK Limited Partnerships
In this issue of Kirkland Brief, partners Richard Watkins and Stephanie Biggs discuss the accounting requirements for English and Scottish limited partnerships, contained in the Partnerships (Accounts) Regulations 2008, which implement the EU accounting directives.
12/18/2009 - Article
Kirkland & Ellis International LLP
Regulation of European Private Equity Firms: Where are we now?
In this issue of Kirkland Brief, partners Lisa Cawley, Scott A. Moehrke, P.C. and Stephanie Biggs discuss new developments affecting European private equity fund managers in relation to both the EU Alternative Investment Fund Managers Directive and the U.S. Private Fund Investment Advisers Registration Bill.
12/11/2009 - Alert
Kirkland & Ellis LLP
Serious Fraud Office Brings Overseas Corruption Charges Against British Executive
Britain’s Serious Fraud Office (“SFO”) launched its first prosecution of a British executive for overseas corruption. The SFO is the lead agency in England, Wales, and Northern Ireland responsible for investigating and prosecuting cases of corruption.
11/20/2009 - Article
Kirkland & Ellis International LLP
EU Alternative Investment Fund Managers Directive: Swedish Presidency Issues Compromise Proposal
In this issue of Kirkland Brief, partners Lisa Cawley and Stephanie Biggs focus on the debate over the EU Alternative Investment Fund Managers Directive and discuss recently suggested changes that seem to be broadly favourable to the private equity industry.
11/18/2009 - Article
Kirkland & Ellis International LLP
Private Equity Conflicts of Interest: IOSCO Consultation
In this issue of Kirkland Brief, partner Stephanie Biggs discusses the recently published consultation report from the International Organization of Securities Commissions, which outlines principles that industry and national regulators can use in assessing private equity firms for best practice in managing conflicts.
Authors: Stephanie Biggs
10/28/2009 - Article
Kirkland & Ellis International LLP
Regulation of Private Equity Firms: FSA Authorisation
In this issue of Kirkland Brief, partners Lisa Cawley and Stephanie Biggs discuss the regulation of private equity firms in the United Kingdom by the Financial Services Authority.
10/12/2009 - Newsletter
Kirkland & Ellis LLP
ILPA - Private Equity Principles
In the inaugural issue of Kirkland Brief, a publication addressing current issues relevant to our European clients and contacts, partner Richard Watkins discusses a recent release from the Institutional Limited Partners Association (ILPA) of its "Private Equity Principles," which include its "wish list" for private equity fund terms and highlight several issues on which LPs think GPs have pushed the boundaries in recent years.
Authors: Richard Watkins
9/21/2009 - Article
The European Antitrust Review
A Busy Year for the European Commission
Pierre-André Dubois and Arabella Hinton co-authored this article regarding developments in the relationship between competition law and intellectual property rights.
9/21/2009 - Article
The European Antitrust Review
Private Equity – A Review of Issues in a Downturn Economy
Pierre-André Dubois and Arabella Hinton co-authored this article discussing issues of competition law that arise in private equity deals.
9/15/2009 - Article
Kirkland & Ellis International LLP
U.S. Regulation Update: Investment Advisers Act Registration for Private Fund Managers
In this issue of Kirkland Brief, partners Scott Moehrke, Lisa Cawley and Stephanie Biggs discuss how U.S. federal regulation of private investment fund managers is likely as part of an overall financial services regulatory reform package.
9/1/2009 - Article
Financier Worldwide
The Economic Downturn And The Failing Firm Defence
Pierre-André Dubois authored this article regarding trends in competition following the economic downturn.
5/29/2009 - Article
Kirkland & Ellis International LLP
EU Alternative Investment Fund Managers Directive Q&A: What is the impact for private equity firms?
On 30 April 2009, the European Commission published a proposed Alternative Investment Fund Managers Directive. If and when enacted, this Directive will regulate alternative investment fund managers operating within the European Union. This Q&A highlights key aspects of the proposals.
5/5/2009 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter — May 5, 2009
This issue includes the article “Private Fund Manager Regulation Continues: Proposed European Regulation of Alternative Investment Fund Managers,” which reports that the proposed EU legislation will impose significant regulation on managers of alternative investment funds, such as private equity and hedge funds, operating and marketing within the EU.
1/27/2009 - Article
IP Value: Building and enforcing intellectual property value
European Trademark Law: Latest Case Law Developments
Pierre-André Dubois and Shannon Yavorsky authored this article regarding trends in trademark law.
1/27/2009 - Article
IP Value: Building and enforcing intellectual property value
Recent Patent Law Developments: A New Test for Obviousness and a Statement on the Principles for Determining Industrial Applicability
Pierre-André Dubois and Shannon Yavorsky authored this article regarding trends in patent law.
12/19/2008 - Article
Butterworths Journal of International Banking and Financial Law
Borrower Debt Buybacks: The Case Becomes Ever-more Compelling
John Markland authored this article regarding trends in banking law.
12/5/2008 - Article
Global Competition Review
Private Equity: a Snapshot of Activity Before the European Commission
Pierre-André Dubois and Arabella Hinton authored this article regarding the examination of private equity transactions by the European Commission.
12/5/2008 - Article
Global Competition Review
Technology: Developments and Trends
Pierre-André Dubois and Arabella Hinton co-authored this article regarding developments in information technology law.
10/7/2008 - Article
World Data Protection Report
Data Protection and Health Related Data: Recent European Developments and Possible Wider Implications for Barnardised Data
Pierre-André Dubois and Shannon Yavorsky co-authored this article on data protection.
4/15/2008 - Article
Kirkland & Ellis International LLP
Debt Buy-backs by Borrowers - a real option or a red herring?
Can borrowers buy back their own debt? This apparently simple question has been troubling loan market practitioners over the past few weeks following the high profile purchase by Danish telecoms operator TDC of €200 million of its senior debt, something which has, apparently, caused the Loan Market Association to review its standard form documentation to see whether transfer provisions need to be "clarified" in relation to this issue.
3/25/2008 - Article
Intellectual Asset Management Magazine
The European Patent Convention and the London Agreement
Pierre Dubois and Shannon Yavorsky wrote this article about changes in the European patent system.
1/4/2008 - Foundation Booklet
Kirkland & Ellis LLP
2008 Foundation Booklet
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