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Overview Lawyers News Publications
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September 21, 2017 - Article
Bloomberg Law: Corporate Law & Accountability Report
CFIUS After Lattice: What Boards, Investors, and Bankers Need to Know Now
Mario Mancuso and Lucille Hague discuss the top five things about the Committee on Foreign Investment in the United States (‘‘CFIUS’’) climate that boards, investors, and bankers need to know now.
9/18/2017 - AIM
Kirkland & Ellis LLP
SEC Risk Alert Cites Frequent Advertising Rule Compliance Issues
On September 14, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert detailing the most frequent Advertising Rule compliance issues identified in examinations of registered advisers.
September 11, 2017 - Article
Law360
Sanctions Compliance Lessons From Recent OFAC Actions
Mike Casey, Zach Brez and Mario Mancuso authored this article regarding the Office of Foreign Assets Control's resolution of a trio of enforcement actions against U.S.-based and foreign-organized companies that had run afoul of the Iranian Transactions and Sanctions Regulations.
9/8/2017 - Alert
Kirkland & Ellis LLP
The Trump Administration Sharpens Secondary Sanctions — China and Russia Are On Notice
As recently as July 25, 2017, in a wide-ranging interview with the Wall Street Journal, President Trump suggested a willingness to offer trade-related inducements to China in return for China's assistance in peacefully resolving the North Korea problem. In recent weeks, however, as the threat from North Korea has intensified, the Trump administration has signaled a shift in tactics in dealing with China, North Korea's principal economic partner and strategic ally, and Russia.
September 2017 - Article
Global Investigations Review: The Investigations Review of the Americas 2018
United States: Handling Internal Investigations
Brigham Cannon, Erica Williams and Mark Schneider authored this article detailing the process of conducting an internal investigation in the United States.
September 2017 - Article
Getting the Deal Through
e-Commerce: United States
Gregg Kirchhoefer, Daniel Bond, Ashley Eisenberg and Adine Mitrani authored this article regarding developments in e-commerce law.
August 16, 2017 - Article
Law360
A Closer Look At EPA's Approach To CPP Rollback
Paul Tanaka, Devi Chandrasekaran and James Dolphin authored an article regarding the repeal of the Clean Power Plan.
Authors: Paul D. Tanaka
8/14/2017 - AIM
Kirkland & Ellis LLP
Revised Form ADV Effective for Filings After October 1, 2017
The SEC recently sent a notice to all SEC-registered investment advisers and exempt filers stating that all investment advisers filing Form ADV (e.g., for annual amendments or interim updates) must use the revised version of Form ADV for filings made on or after October 1, 2017.
8/4/2017 - Alert
Kirkland & Ellis LLP
President Trump Signs Sanctions Bill Targeting Russia, North Korea and Iran
On August 2, 2017, President Trump signed into law the “Countering America’s Adversaries Through Sanctions Act,” which imposes new sanctions on Russia, North Korea and Iran and highlights the continuing challenges that companies face in complying with the constantly evolving sanctions landscape.
8/3/2017 - Alert
Kirkland & Ellis LLP
Unanimous Texas Court of Appeals Reverses Controversial Jury Verdict — No “Common Law” Business Partnership in Texas
On July 18, 2017, the Court of Appeals for the Fifth District of Texas at Dallas reversed an over $450 million trial judgment in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., 05-14-01383-CV, 2017 WL 3033312 (Tex. App. —Dallas July 18, 2017, no pet. h.).
8/2/2017 - AIM
Kirkland & Ellis LLP
SEC Settles with Affiliated Advisers and their Principal/CCO over Registration and Other Practices
The SEC recently settled a proceeding against two affiliated investment advisers related to the failure to register an investment adviser to two private funds and a number of other practices, which were inconsistent with the advisers’ obligations under the Advisers Act.
August 2017 - Article
Landslide: Section of Intellectual Property Law
Contentious Construction
Joshua Simmons and Megan McKeown authored this article regarding the copyrightability of computer language.
07/27/2017 - Alert
Kirkland & Ellis LLP
New Court Decision May Affect PE Fund Blocker Corporation Structures
Where a private equity fund invests in a flow-through portfolio company engaged in a U.S. business (i.e., a portfolio company organized as a partnership or LLC), certain tax-sensitive fund LPs — virtually all non-U.S. LPs and many U.S. tax-exempt LPs — typically elect to hold their share of such fund investment through a “blocker corporation.”
07/27/2017 - PEN
Kirkland & Ellis LLP
Private Equity Newsletter - July 27, 2017
This issue includes the article "New Court Decision May Affect PE Fund Blocker Corporation Structures," which discusses a recent U.S. Tax Court decision that may cause private equity investors to consider using non-U.S. (rather than U.S.) blocker to hold investments in flow-through portfolio companies.
7/20/2017 - Alert
Kirkland & Ellis International LLP
No Comparison: Google Hit with Record EC Fine
Last month, the European Commission (EC) fined Google €2.4 billion for abusing its dominance in the search engine marketplace by favoring its own price comparison service in searches. This is the largest ever penalty against a single company by the EC.
7/18/2017 - Alert
Kirkland & Ellis LLP
Increasing U.S., Global Scrutiny of Foreign Investment: Things to Watch
In the past several weeks, stakeholders on both sides of the Atlantic have voiced increasing skepticism and concern regarding the potential impact of foreign investment on national security.
July 2017 - Article
Chambers and Partners: Law and Practice
Energy: Oil & Gas 2018
Kirkland partners Anthony Speier, David Castro and Chris Heasley authored this article regarding trends and developments in the energy space.
7/6/2017 - Alert
Kirkland & Ellis LLP
EU Renews Sanctions and Restrictive Measures Targeting Russia
Recently, the European Union (EU) renewed territorial sanctions and restrictive measures in respect of Russia, Crimea and Sevastopol.
July/August 2017 - Article
Intellectual Property Magazine
Home is Where the Heartland Is
This article discusses the need for lawyers to pay close attention to future rulings that implement May 2017's game-changing TC Heartland case.
6/30/2017 - Alert
Kirkland & Ellis LLP
SEC Allows All Companies to File Confidential Draft IPO Registration Statements
On June 29, 2017, the U.S. Securities and Exchange Commission (“SEC”) announced that, effective July 10, 2017, all companies will be permitted to confidentially file a draft registration statement with the SEC for an initial public offering or any other offering during the first 12 months after the effectiveness of a company’s IPO registration statement.
6/29/2017 - Alert
Kirkland & Ellis LLP
Getting Ahead of the Curve: Issues to Consider Before New Revenue Recognition Accounting Standard Takes Effect
The new revenue recognition standard ASU No. 2014-09, Revenue from Contracts with Customers (Topic 606) (“ASC 606”) from the Financial Accounting Standards Board goes into effect for fiscal years starting after December 15, 2017.
6/29/2017 - M&A Update
Kirkland & Ellis LLP
The Long Arm of the MAC
Dealmakers have long recognized the implications of a Material Adverse Effect (MAE/MAC) standard in a merger agreement.
6/21/2017 - Alert
Kirkland & Ellis LLP
Changes in U.S. Cuba, Russia and Iran Sanctions Create Uncertainty for Global Businesses
On June 16, 2017, President Trump announced that the U.S. government would reverse certain of the Obama administration’s policy efforts to liberalize U.S. relations with Cuba.
June 19, 2017 - Article
PLI
Financial Services Mediation Answer Book: Mediation Submissions Chapter
Mediation submissions are often the first—and many times the best—opportunity to advocate in mediation. This chapter in the leading treatise on financial services mediation discusses these submissions, and includes helpful suggestions and considerations.
6/16/2017 - AIM
Kirkland & Ellis LLP
House Passes the Financial CHOICE Act, But Further Progress Uncertain
On June 8, 2017, the U.S. House of Representatives approved the Financial CHOICE Act (H.R. 10) along party lines. If the bill were to become law, it would replace much of the Dodd-Frank Act and scale back many post-2008 financial regulations.
6/14/2017 - Alert
Kirkland & Ellis LLP
U.S. Supreme Court Holds That Post-Sale Restrictions Are Unenforceable Under Patent Law and That Foreign Sales Exhaust U.S. Patents
The U.S. Supreme Court recently issued its much-anticipated opinion in the Impression Products patent exhaustion case.
6/6/2017 - AIM
Kirkland & Ellis LLP
Supreme Court Limits SEC Disgorgement Remedy to Five Years
On June 5, the Supreme Court ruled that a five-year statute of limitations applies to disgorgement remedies that may be imposed by the SEC. The unanimous decision settles a previous Circuit split and overturns longstanding SEC practice, as it treats disgorgement as a penalty subject to the relevant statute of limitations, rather than as a matter of restitution, which generally is not.
June 2017 - Article
IAM Life Sciences 2017
Patent Eligibility and Life Sciences Patents
Leora Ben-Ami and Thomas Fleming authored this article regarding the impact of a U.S. Supreme Court ruling in a patent eligibility matter on biotech and diagnostic patents.
May 22, 2017 - Article
The New York Law Journal
Searching for Web Crawling's Legal Boundaries
Joshua Simmons discusses the increased use of web crawling technology.
March 21, 2017 - Article
Intellectual Property Magazine
Laches Do Not Trump Six-Year Limit on Damages
This article discusses the SCOTUS decision to significantly reduce the use of the laches defense in U.S. patent litigation.
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