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May 23, 2012 FSOC Proposes Hearing Procedures for Systemic Designations of Nonbank Financial Companies and Financial Market
Client Newsflash
Client Publications
May 22, 2012 CFTC Proposes Exemptions from Aggregation under Its Position Limits Rule
Client Memorandum
Client Publications
May 22, 2012 Merger enforcement across political administrations in the United States
Concurrences: Competition Law Journal
Lawyer Publications, Publications
May 21, 2012 CFTC Chairman Gensler Previews Key Elements of Dodd-Frank Title VII Cross-Border Guidance
Client Newsflash
Client Publications
May 17, 2012 Investment Management Regulatory Update
Client Newsletter
Client Publications
May 16, 2012 Hong Kong Regulator Turns Up the Heat on IPO Sponsors
Client Memorandum
Client Publications
May 16, 2012 SEC Approves MSRB Interpretive Notice on Municipal Security Underwriters
Client Memorandum
Client Publications
May 11, 2012 Federal Reserve’s Comprehensive Consolidated Supervision Determination for Chinese Banks Has Broader Implications
Client Memorandum
Client Publications
May 11, 2012 Hong Kong Capital Market Developments
Client Newsletter
Client Publications
May 9, 2012 Regulatory Collateral: TerreStar, Tracy Broadcasting, AMR
DBR Small Cap
Dow Jones
Publications
May 8, 2012 SEC Reopens Comment Period for Proposed Amendments to Financial Responsibility Rules for Broker-Dealers
Client Memorandum
Client Publications
May 7, 2012 Delaware Court Temporarily Blocks Martin Marietta’s Hostile Bid to Acquire Rival Vulcan
Client Memorandum
Client Publications
May 7, 2012 SEC Staff Updates Guidance on JOBS Act
Client Memorandum
Client Publications
May 2, 2012 CFTC and SEC Adopt Final Swap Dealer, Major Swap Participant and Eligible Contract Participant Definitions
Client Memorandum
Client Publications
May 2, 2012 Major Swap Participant Analysis under Joint CFTC/SEC. Definitions Finalized on April 18, 2012
Slide Presentation
Client Publications
May 1, 2012 Dodd-Frank Progress Report
Client Publications
April 26, 2012 The JOBS Act: Potential Benefits for Foreign Private Issuers
Client Memorandum
Client Publications
April 23, 2012 SEC Issues Exemptions from Large Trader Reporting Rule
Client Newsflash
Client Publications
April 20, 2012 Volcker Rule Conformance Period Guidelines
Client Memorandum
Client Publications
April 19, 2012 Investment Management Regulatory Update
Client Newsletter
Client Publications
April 19, 2012 White Paper on the Separate Entity Doctrine as Applied to the U.S. Branches of Foreign Headquartered (Non-U.S.) Banks
Client Publications
April 18, 2012 SEC Approves Amendments to FINRA Communications Rules
Client Memorandum
Client Publications
April 10, 2012 JOBS Act Implementation Chart
Client Memorandum
Client Publications
April 9, 2012 Federal Reserve Issues Supplemental Notice of Proposed Rulemaking on Requirements for Determining Whether Companies are Predominantly Engaged in Financial Activities
Client Memorandum
Client Publications
April 9, 2012 The JOBS Act: Implications for Private Company Acquisitions and M&A Professionals
Client Newsflash
Client Publications
April 5, 2012 CFTC Adopts Swap Clearing Documentation, Timing and Risk Management Rules
Client Memorandum
Client Publications
April 5, 2012 JOBS Act Becomes Law
Client Newsflash
Client Publications
April 5, 2012 JOBS Act Becomes Law: Reduced Compensation Disclosure for Many IPO Companies and Exchange Act Relief for Private Companies with Significant Equity Compensation
Client Memorandum
Client Publications
April 4, 2012 FSOC Issues Final Rule on Designation of Systemically Important Nonbank Financial Companies
Client Memorandum
Client Publications
April 2, 2012 Dodd-Frank Progress Report
Client Publications
April 1, 2012 Impact of FATCA on Foreign Funds
Practical Law The Journal
Lawyer Publications, Publications
March 30, 2012 Regulation of Foreign Banks & Affiliates in the United States (6th ed.) (Co-Editor)
Westlaw
Publications
March 30, 2012 The STOCK Act: Implications for Trading on Political Intelligence
Client Memorandum
Client Publications
March 30, 2012 U.S. Supreme Court Holds that the Statute of Limitations for Section 16(b) Short-Swing Liability Claims Is Not Tolled
Client Newsflash
Client Publications
March 28, 2012 The JOBS Act: Implications for Broker-Dealers
Client Memorandum
Client Publications
March 27, 2012 Congress Passes the JOBS Act
Client Newsflash
Client Publications
March 26, 2012 JOBS法: 資本市場プロフェッショナル、IPO前企業及び私募に対する含意 (参考和訳)
Client Memorandum
Client Publications
March 26, 2012 The JOBS Act: Implications for Capital Markets Professionals, Pre-IPO Companies and Private Offerings
Client Memorandum
Client Publications
March 23, 2012 Senate Passes Legislation To Raise the 500 Shareholder Threshold for SEC Registration and To Relax General Solicitation Prohibition in Reg D Offerings
Client Newsflash
Client Publications
March 22, 2012 U.S. Senate Passes Amended Version of the Jumpstart Our Business Startups Act
Client Newsflash
Client Publications
March 21, 2012 Investment Management Regulatory Update
Client Newsletter
Client Publications
March 12, 2012 CFTC Adopts Internal Business Conduct Rules for Swap Dealers and Major Swap Participants
Client Memorandum
Client Publications
March 9, 2012 Chinese Antitrust Authorities Approve Western Digital/Hitachi GST Deal with Significant Conditions
Client Memorandum
Client Publications
March 9, 2012 Quicker to Market? U.S. House of Representatives Passes the Jumpstart Our Business Startups Act
Client Memorandum
Client Publications
March 7, 2012 CFTC and SEC Jointly Propose Identity Theft Rules
Client Memorandum
Client Publications
March 7, 2012 Summary of the Proposed FATCA Regulations
Client Memorandum
Client Publications
March 1, 2012 Dodd-Frank Progress Report
Client Publications
February 23, 2012 CFTC Adopts Amendments to Registration Exemptions for CPOs and CTAs and Proposes Harmonization Rules for Registered Fund CPOs
Client Memorandum
Client Publications
February 21, 2012 Investment Management Regulatory Update
Client Newsletter
Client Publications
February 8, 2012 Treasury Issues Proposed FATCA Regulations, Seeks to Respond to Market Concerns
Client Memorandum
Client Publications
February 2, 2012 Hong Kong Capital Market Developments
Client Newsletter
Client Publications
February 2, 2012 香港資本市場における近時の進展(参考和訳)
Client Newsletter
Client Publications
February 1, 2012 China Antitrust Review 2011
Client Memorandum
Client Publications
February 1, 2012 Corporate Governance Practices for IPOs in the United States
Director Notes
Lawyer Publications, Publications
February 1, 2012 Dodd-Frank Progress Report
Client Publications
January 31, 2012 Creditor Protection in Bank Insolvencies
Too Big to Fail: Do We Need Special Rules for Bank Resolutions?
Institute for Law and Finance, Frankfurt, Germany, 2012
Publications
January 31, 2012 Preparing Your 2011 10-K and 20-F – Environmental Disclosure Considerations
Client Memorandum
Client Publications
January 27, 2012 CFTC Adopts Business Conduct Rule for Swap Dealers
Client Memorandum
Client Publications
January 27, 2012 Revised Jurisdictional Thresholds Under the HSR Act and For the Prohibition of Interlocking Directorates
Client Memorandum
Client Publications
January 23, 2012 CFTC Adopts Final Rule on Protection of Cleared Swap Customer Collateral
Client Memorandum
Client Publications
January 23, 2012 Investment Management Regulatory Update
Client Newsletter
Client Publications
January 20, 2012 New Regulations Address Withholding on “Dividend Equivalents”
Client Newsflash
Client Publications
January 18, 2012 CFTC Establishes Registration Process for Swap Dealers; Key Registration Requirements To Be Set Later
Client Memorandum
Client Publications
January 17, 2012 FINRA Communication Rules – Recent Developments Affecting Structured Notes
Client Newsflash
Client Publications
January 17, 2012 Preparing Your 2011 Form 20-F
Client Memorandum
Client Publications
January 17, 2012 2011 年度フォーム20-F の作成について(参考和訳)
Client Memorandum
Client Publications
January 11, 2012 CFTC Adopts Rules Establishing Swap Reporting Regime
Client Memorandum
Client Publications
January 9, 2012 SEC Changes “Neither Admit Nor Deny” Practice for Criminal Conviction Cases
Client Newsflash
Client Publications
January 9, 2012 SEC Staff Issues Guidance on European Sovereign Debt Exposures
Client Newsflash
Client Publications
January 5, 2012 Indian Competition Law - Annual Review (2011)
Client Memorandum
Client Publications
January 3, 2012 Dodd-Frank Progress Report
Client Publications
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Insolvency and Restructuring Update
Client Publications
January 1, 2012 Corporate Governance Practices for Initial Public Offerings in the United States
The Conference Board, January 2012
Publications
2012 Foreign Bank Acquisitions of U.S. Banks and Thrifts (Chapter 6, Co-Author)
Regulation of Foreign Banks and Affiliates in the United States (6th ed.)
Publications
2012 Foreign Banks as U.S. Financial Holding Companies (Chapter 10, Co-Author)
Regulation of Foreign Banks and Affiliates in the United States (6th ed.)
Publications
December 31, 2011 Acquisition par un concurrent
Concurrences, N° 2-2010, pp. 110-112
Publications
December 31, 2011 Compétence de la Commission
Concurrences, N° 4-2010, pp. 162-164
Publications
December 31, 2011 Contrôle des concentrations
Panorama de la pratique décisionnelle de l’Autorité de la concurrence en 2010
Concurrences, N° 1-2011, pp. 58-66
Publications
December 23, 2011 Comment: 12 Regulatory Reform Predictions for '12
Financial Times
Publications
December 23, 2011 Summary of the Federal Reserve’s Proposed Rules for Enhanced Prudential Standards and Early Remediation Requirements for Covered Companies
Client Memorandum
Client Publications
December 21, 2011 Key Elements of the Revised Model Credit Agreement Provisions
ABA Commercial Law Newsletter, Winter 2011
Lawyer Publications, Publications
December 20, 2011 Law of Unintended Consequences: Competing Plans in Post-BAPCPA World
New York Law Journal, Vol. 246, No. 118
Publications
December 13, 2011 Say-on-Pay Year Two: a Planning Primer
Client Memorandum
Client Publications
forthcoming 2012 Deskbook on the Dodd-Frank Act
Practising Law Institute
Publications
December 8, 2011 SEC Staff to Limit Non-Public Initial Review Process for Non-U.S. Issuers
Client Newsflash
Client Publications
December 7, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
December 1, 2011 Dodd-Frank Progress Report
Client Publications
December 1, 2011 Enron: 10 Years Later
Law360
Lawyer Publications, Publications
December 1, 2011 Recent Developments in Adequate Protection Under Section 361
Thomson Reusters/West
Publications
November 29, 2011 New ISS Policies Overhaul Say-on-Pay Analysis
Client Memorandum
Client Publications
2012 Are Bailouts Inevitable?
Yale Journal on Regulation, Vol. 29, No. 2
Publications
November 18, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
November 7, 2011 CFTC Adopts Final Position Limits for 28 Physical Commodity Futures, Options, and Swaps
Client Memorandum
Client Publications
November 3, 2011 Proposed Treasury Regulations Clarify U.S. Taxation of Investments by Foreign Governments
Client Newsflash
Client Publications
November 2, 2011 A Practitioner's Guide to Prepackaged Bankruptcy: A Primer Publications
November 1, 2011 Dodd-Frank Derivatives Implementation: If Not Now, When?
Washington Watch
Futures Industry
Publications
November 1, 2011 Dodd-Frank Progress Report
Client Publications
November 1, 2011 Navigating the U.S. Living Wills Requirements
A.B.A. Banking L. Comm J.
Publications
October 31, 2011 Governance Practices for IPO Companies: A Davis Polk Survey
Client Memorandum
Client Publications
October 30, 2011 Hong Kong Capital Market Developments
Client Newsflash
Client Publications
October 30, 2011 香港IPO資本市場における近時の進展(参考和訳)
Client Newsflash
Client Publications
October 27, 2011 SEC Approves Private Fund Systemic Risk Reporting
Client Newsflash
Client Publications
October 24, 2011 U.S. and European Union Antitrust Agencies Issue Revised “Best Practices” for Coordinating Merger Reviews
Client Newsflash
Client Publications
October 21, 2011 Delaware Court of Chancery Awards $1.26 Billion in Entire Fairness Case
Client Newsflash
Client Publications
October 20, 2011 Cybersecurity: SEC Provides Guidance on Disclosure Considerations
Client Memorandum
Client Publications
October 19, 2011 SEC Staff Rejects Introducing Broker as Appropriate Evidence of Ownership for Shareholder Proposals and Provides Other Technical Guidance
Client Memorandum
Client Publications
October 18, 2011 SEC Proposes Rules on the Registration of Security-Based Swap Dealers and Major Security-Based Swap Participants
Client Memorandum
Client Publications
October 17, 2011 FSOC's Proposed Rules for SIFI Designations
Client Memorandum
Client Publications
October 15, 2011 ボルカー・ルール規制案:ヘッジファンド/プライベート・エクイティ・ファンド(参考和訳)
Client Memorandum
Client Publications
October 15, 2011 ボルカー・ルール規制案:自己勘定取引(参考和訳)
Client Memorandum
Client Publications
October 14, 2011 Investment Management Regulatory Update
Client Publications
October 12, 2011 Volcker Rule Proposed Regulations: Hedge / PE Funds Summary
Client Memorandum
Client Publications
October 12, 2011 Volcker Rule Proposed Regulations: Proprietary Trading Summary
Client Memorandum
Client Publications
October 12, 2011 Volcker Rule Proposed Regulations: Hedge / PE Funds Summary with Annexes
Client Memorandum
Client Publications
October 12, 2011 Volcker Rule Proposed Regulations: Proprietary Trading Summary with Annexes
Client Memorandum
Client Publications
October 11, 2011 Lehman Bankruptcy Court Holds Contractual Right to Triangular Setoff Unenforceable In Bankruptcy and Not Protected by Safe Harbors
Client Newsletter
Client Publications
October 7, 2011 Leaked Volcker Release – Funds
Client Memorandum
Client Publications
October 7, 2011 Leaked Volcker Release – Proprietary Trading
Client Memorandum
Client Publications
October 6, 2011 Lehman Bankruptcy Court Holds Contractual Right to Triangular Setoff Unenforceable in Bankruptcy and Not Protected by Safe Harbors
Business Law Currents
Thomson Reuters
Publications
October 6, 2011 SEC Staff Alert Reveals Expansive Application of Market Access Rule
Client Newsflash
Client Publications
October 5, 2011 SEC Large Trader Rule: Impact on Corporations and Related Individuals
Client Memorandum
Client Publications
October 4, 2011 Tighter Circuit Breakers in Equities Markets
Client Newsflash
Client Publications
October 3, 2011 Dodd-Frank Progress Report
Client Publications
October 1, 2011 Settling the Valuation Question (Chapter 20)
Contested Valuation in Corporate Bankruptcy
Matthew Bender
Publications
September 30, 2011 Reevaluating Individual Arbitration of Antitrust Claims After AT&T Mobility v. Concepcion
The Antitrust Counselor
Lawyer Publications, Publications
September 21, 2011 SEC Clears the Way for “Private Ordering” for Proxy Access; Related Rules also Effective
Client Memorandum
Client Publications
September 20, 2011 Second Washington Mutual Plan Confirmation Denial May Have Significant Impact on Claims Trading and Plan Negotiation
Insolvency and Restructuring Update
Client Publications
September 19, 2011 Credible Living Wills Under the U.S. Regulatory Framework
Client Memorandum
Client Publications
September 19, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
September 13, 2011 Bankruptcy Court Decision May Impact Claims Trading and Plan Negotiation
The Harvard Law School Forum on Corporate Governance and Financial Regulation
Publications
September 13, 2011 FINRA Watching for Promises of Favorable Research in Exchange for Investment Banking Business
Client Newsflash
Client Publications
September 7, 2011 Federal Reserve Interim Final Rule Adopts Regulations for Savings and Loan Holding Companies
Client Memorandum
Client Publications
September 6, 2011 Dodd-Frank Progress Report
Client Publications
September 2, 2011 Compensation Clawback under Dodd Frank: Impact on Foreign Issuers
Client Memorandum
Client Publications
September 2, 2011 SEC Seeks Public Comment on Mutual Fund Derivatives Use and Asset-Backed Issuers and Mortgage-Related Pools under the Investment Company Act
Client Newsflash
Client Publications
September 1, 2011 Getting the Deal Through - Merger Control 2012
United States
Law Business Research
Publications
September/October 2011 In the News: Exclusive Forum Charter and Bylaw Provisions
The Corporate Governance Advisor
Publications
September 1, 2011 La protection offerte aux entreprises françaises par le Chapter 15 américain
Décideurs : Stratégie Finance Droit – Collection Guide : Annuaire 2011
Publications
September 1, 2011 ドッド=フランク法に基づく報酬クローバック: 海外発行体に対する影響 (参考和訳)
Client Memorandum
Client Publications
August 23, 2011 SEC's Temporary Suspension of EDGAR Filing System
Client Newsflash
Client Publications
August 22, 2011 FINRA Files Amended Communications Rules – Impact on Broker-Dealers
Client Newsflash
Client Publications
August 22, 2011 FINRA Files Amended Communications Rules – Impact on Structured Products
Client Memorandum
Client Publications
August 12, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
August 1, 2011 SEC Adopts Large Trader Reporting Requirements
Client Memorandum
Client Publications
August 1, 2011 Transparency and Confidentiality in the Post Financial Crisis World -- Where to Strike the Balance?
Harvard Business Law Review, Vol. 1
Publications
July 29, 2011 U.S. Dodd-Frank Act’s Application to Non-U.S. Issuers That are Not Financial Institutions – Rulemaking Progress Report
Client Memorandum
Client Publications
July 28, 2011 Key Considerations Relating to Issuances of Contingent Convertible Instruments in or into the United States
Client Memorandum
Client Publications
July 26, 2011 SEC’s Final Rules Modify Form S-3 and F-3 Transaction Eligibility Criteria for Debt Issuances
Client Newsflash
Client Publications
July 22, 2011 D.C. Circuit Vacates SEC Proxy Access Rule
Client Newsflash
Client Publications
July 22, 2011 One-Year Anniversary Dodd-Frank Progress Report
Client Publications
July 22, 2011 The Logic and Limits of Credit Bidding by Secured Creditors Under the Bankruptcy Code
Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganizaiton
American Bankruptcy Institute / New York University School of Law
Publications
July 21, 2011 SEC Proposes New Custody-Related Reporting and Audit Requirements for Broker-Dealers
Client Memorandum
Client Publications
July 13, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
July 11, 2011 Counterparty Credit Risk Management: Links Between Supervisory Guidance, Dodd-Frank and Basel
Client Newsflash
Client Publications
July 8, 2011 The FTC Issues Amendments to HSR Rules and Notification Form
Client Memorandum
Client Publications
July 1, 2011 Dodd-Frank Progress Report
Client Publications
June 29, 2011 SEC Issues Final Rules Implementing Dodd-Frank Amendments to the Investment Advisers Act of 1940
Client Memorandum
Client Publications
June 29, 2011 Seventh Circuit Delivers a Major Win for Secured Creditors; Holds that Secured Creditors Cannot be Denied Right to Credit Bid in a Sale Under a Plan
Insolvency and Restructuring Update
Client Publications
June 27, 2011 Stern v. Marshall – Supreme Court Limits the Power of Bankruptcy Courts to Hear Certain State Law Claims Brought by Debtors Against Creditors
Insolvency and Restructuring Update
Client Publications
June 23, 2011 Federal Banking Agencies Implement Collins Amendment by Establishing Risk-Based Capital Floor
Client Memorandum
Client Publications
June 22, 2011 SEC Approves New FINRA Rule Requiring the Qualification and Registration of Operations Professionals
Client Newsflash
Client Publications
June 17, 2011 CFTC and SEC Act to Defer Dodd-Frank Swaps Requirements
Client Memorandum
Client Publications
June 13, 2011 Supreme Court Limits False Statement Liability Under Rule 10b-5 To Those Who Actually Make Misstatements
Client Newsflash
Client Publications
June 10, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
June 9, 2011 SEC Adopts Rule on Beneficial Ownership of Security-Based Swaps
Client Newsflash
Client Publications
June 7, 2011 SEC Whistleblower Rules: What You Need to Know
Webcast
Client Publications
June 6, 2011 Supreme Court Determines that Class Certification Does Not Require Proof of Loss Causation in Securities Fraud Cases
Client Newsflash
Client Publications
June 1, 2011 Dodd-Frank Rulemaking Progress Report
Progress as of June 1, 2011
Client Publications
June-July 2011 Potential Extraterritorial Application of Regulations Issued Under Title VII of the Dodd-Frank Act
Futures & Derivaties Law Report, Vol. 31, Issue 6
Publications
June 1, 2011 Proposed Credit Risk Retention Rules Raise Serious Concerns
Client Memorandum
Client Publications
June 1, 2011 Resolution of U.S. Banks and Other Financial Institutions
Debt Restructuring (Chapter 8)
Oxford University Press
Publications
May 25, 2011 SEC Adopts Final Whistleblower Rules
Client Newsflash
Client Publications
May 23, 2011 Davis Polk Alumnae Newsletter – 2011
Publications
May 18, 2011 SEC Proposal Would Replace Regulation M Exemption for Investment Grade Securities
Client Memorandum
Client Publications
May 17, 2011 60 Days - Over 175 New Derivatives Provisions
Client Memorandum
Client Publications
May 17, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
May 5, 2011 Delaware Weighs in on the Meaning of “Substantially All” for a Series of Transactions
Client Newsflash
Client Publications
May 3, 2011 Say-on-Pay: An Interim Report
Client Memorandum
Client Publications
May 2, 2011 Dodd-Frank Rulemaking Progress Report
Progress as of May 1, 2011
Client Publications
May 2, 2011 Treasury Proposes FX Swap and Forward Exemption
Client Newsflash
Client Publications
May 1, 2011 Leveraged Buyout Bankruptcies, The Problem of Hindsight Bias, and the Credit Default Swap Solution
Colum. Bus. L. Rev. 118 (2011)
Publications
May 1, 2011 Third Circuit Finds DCF Analysis is "Commercially Reasonable Determinant of Value"
On the Edge
ABI Journal Vol. XXX, No. 4, May 2011
Publications
April 27, 2011 Supreme Court Rejects Rule Disfavoring Arbitration of Disputes Between Companies and Consumers
Client Newsflash
Client Publications
April 27, 2011 The Final Round For Gift Plans?
Dow Jones DBR Small Cap
Publications
April 26, 2011 Credible Living Wills: The First Generation
Whitepaper by Davis Polk & Wardwell LLP and McKinsey & Company
Publications
April 26, 2011 Credible Living Wills: The First Generation
Whitepaper by Davis Polk & Wardwell LLP and McKinsey & Company
Client Publications
April 25, 2011 Dodd-Frank Act May Require New SEC Registration for Non-U.S. Advisers
Client Memorandum
Client Publications
April 20, 2011 CFTC Releases Swap Margin Proposal
Client Newsflash
Client Publications
April 15, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
April 14, 2011 Regulators Propose Swap Margin and Capital Rules
Client Memorandum
Client Publications
April 12, 2011 FINRA Proposes Rule on the Use of Third-Party Service Providers
Client Newsflash
Client Publications
April 12, 2011 SEC Confirms IFRS Filers Will Not be Required to Provide Interactive Data Until SEC Specifies Taxonomy
Client Newsflash
Client Publications
April 12, 2011 SFC Raises Concerns on IPO Sponsor's Due Diligence
Client Newsflash
Client Publications
April 5, 2011 FDIC Releases Joint Notice of Proposed Rulemaking on Resolution Plans and Credit Exposure Reports
Client Memorandum
Client Publications
April 4, 2011 Davis Polk Dodd-Frank Rulemaking Progress Report
Progress as of March 31, 2011
Client Publications
April 1, 2011 SEC Proposes Independence Rules for Compensation Committees and Advisers
Client Memorandum
Client Publications
March 31, 2011 Federal Agencies Finalize Proposed Interagency Rule on Incentive-Based Compensation for Financial Institutions
Client Newsflash
Client Publications
March 28, 2011 FDIC's Second Notice of Proposed Rulemaking under the Orderly Liquidation Authority
Client Memorandum
Client Publications
March 22, 2011 Decision in Matrixx Initiatives, Inc. v. Siracusano Rejects Bright-Line Rule in Securities Fraud Action Based on Pharmaceutical Company's Failure to Disclose Adverse Event
Client Newsflash
Client Publications
March 18, 2011 SEC Proposal Clarifies No Change to “Beneficial Ownership” Rules for Swaps
Client Newsflash
Client Publications
March 15, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
March 3, 2011 Federal Agencies Propose Interagency Rule on Incentive-Based Compensation for Financial Institutions
Client Memorandum
Client Publications
March 1, 2011 What a Difference a Year Makes: A Review of Acquisition Financing in 2010
LSTA Loan Market Chronicle 2011
Publications
February 28, 2011 Committee on Foreign Investment in the United States Rejects Huawei Deal; Third Recent Chinese Transaction Scuttled by National Security Review
Client Memorandum
Client Publications
February 22, 2011 In re American Home Mortgage Holdings, Inc.
Insolvency and Restructuring Update
Client Publications
February 16, 2011 Delaware Court Declines to Pull Airgas Poison Pill
Client Newsflash
Client Publications
February 15, 2011 Delaware Court Enjoins Merger Vote and Deal Protections in Del Monte Buyout
Client Newsflash
Client Publications
February 14, 2011 Get Ready for Tons of Paperwork
Buyouts
Publications
February 14, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
February 14, 2011 Summary of the Federal Reserve’s Final Regulations on the Conformance Period for the Volcker Rule
Client Publications
February 14, 2011 TOUSA, Inc. – District Court Quashes Infamous Fraudulent Transfer Decision
Insolvency and Restructuring Update
Client Publications
February 9, 2011 Certain Investment Grade Debt Issuers Would No Longer Qualify to Use Shelf Registration Statements Under SEC's Proposed Amendments
Client Newsflash
Client Publications
February 9, 2011 Summary of Federal Reserve Proposed Rule on Definitions Related to Nonbank Financial Companies and Interconnectedness of Systemically Important Firms
Client Publications
February 1, 2011 Taxing Problems for Debtors - Treatment of Property Taxes
ABI Business Reorganization Committee Newsletter
American Bankruptcy Institute, Vol. 10, No. 1
Publications
February 1, 2011 Up in the Cloud: Ethical Issues that Arise in the Age of Cloud Computing
ABI Ethics Committee Newsletter
American Bankruptcy Institute, Vol. 8, No. 1
Publications
January 27, 2011 SEC Adopts Final Say-on-Pay and Golden Parachute Rules
Client Memorandum
Client Publications
January 26, 2011 What a Difference a Year Makes: A Review of Acquisition Financing in 2010
Client Memorandum
Client Publications
January 25, 2011 Investing In or Acquiring Troubled Banks: The Problem of Holding Company Debt
Client Memorandum
Client Publications
January 25, 2011 Revised Jurisdictional Thresholds Under the HSR Act and for the Prohibition of Interlocking Directorates
Client Memorandum
Client Publications
January 24, 2011 2010 年度フォーム20-Fの作成について (参考和訳)
Client Memorandum
Client Publications
January 24, 2011 Preparing Your 2010 Form 20-F
Client Memorandum
Client Publications
January 24, 2011 SEC Study on the Fiduciary Duty of Investment Advisers and Broker-Dealers
Client Memorandum
Client Publications
January 20, 2011 Considerations for 2010 Form 10-Ks and 2011 Proxy Statements
Client Memorandum
Client Publications
January 20, 2011 Summary of the Volcker Rule Study – Hedge Funds and Private Equity Funds
Summary as of January 19, 2011
Client Publications
January 19, 2011 Summary of the Section 622 Study and Recommendations Regarding Concentration Limits on Large Financial Companies, Released by the Financial Stability Oversight Council on January 18, 2011
Summary as of January 19, 2011
Client Publications
January 19, 2011 Summary of the Volcker Rule Study – Proprietary Trading
Summary as of January 19, 2011
Client Publications
January 19, 2011 Working Summary of the Financial Stability Oversight Council’s January 18, 2011 Proposed Rules on Designation of Systemically Important Nonbank Financial Companies
Summary as of January 19, 2011
Client Publications
January 18, 2011 SEC Proposes Rules Implementing Dodd-Frank Disclosure Requirements for Resource Extraction Issuers
Client Memorandum
Client Publications
January 18, 2011 SEC Proposes Rules to Implement Dodd-Frank Mine Safety Disclosure Requirements
Client Memorandum
Client Publications
January 18, 2011 SEC Proposes Rules to Implement Dodd-Frank Requirements for Conflict Minerals Originating in the Democratic Republic of Congo
Client Memorandum
Client Publications
January 18, 2011 SEC、コンゴ民主共和国にて産出される紛争鉱物に関するドッド=フランク法要件実施のためのルールを提案 (参考和訳)
Client Memorandum
Client Publications
January 13, 2011 Investment Management Regulatory Update
Client Newsletter
Client Publications
January 11, 2011 Environmental Disclosure in SEC Filings – 2011 Update
Client Memorandum
Client Publications
January 11, 2011 Supreme Court Agrees to Hear Important Securities Case
Client Newsflash
Client Publications
January 3, 2011 An Overview of Clearance and Settlement of Securities Transactions
Compliance Corner
Investment Adviser Association, No. 217, p. 12
Publications
January/February 2011 New ISS Policy Updates: Tougher Standards for 2011
The Corporate Governance Advisor
Publications
2011 Jurisdictional Comparisons
Securities World - Third Edition USA
Publications
January 1, 2011 Les DPN emis par Technicolor: un outil sur mesure au service du recentrage de ses activites
JOLY editions
Publications
January 1, 2011 Technicolor: Une restructuration riche d'enseignements
JOLY editions
Publications
January 1, 2011 The Expanding Role of Judges in Settlement and Beyond
1918 PLI/Corp 487 (2011)
Publications
December 21, 2010 Your Money's No Good Here: Equitable Remedies as Claims Under Section 101(5) of the Bankruptcy Code
Norton Annual Survey of Bankruptcy Law
Publications
December 17, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
December 14, 2010 Delaware Court Protects Lenders from Fraudulent Transfer Suit For Payments Made and Collateral Granted on Account of Antecedent Debt
Insolvency and Restructuring Update
Client Publications
December 13, 2010 Delaware Court 'Champions' Per Se Rule for Constructive Fraudulent Transfers
American Bankruptcy Institute Journal
Publications
December 1, 2010 A Report on Non-Reportable Transactions
Antitrust Report, Issue 4, 2010, pp. 29-51
LexisNexis
Publications
December 1, 2010 Enforcement
Practitioner's Guide for Broker-Dealers
Complinet
Publications
December 1, 2010 Le mandat de gestion programmee...pour un avenir radieux?
Decideurs: Strategie Finance Droit
Publications
November 30, 2010 CFTC Proposes to Register and Regulate Swap Dealers and Major Swap Participants
Client Memorandum
Client Publications
November 24, 2010 SEC Issues Proposal Implementing Advisers Act Registration and Reporting Amendments Under the Dodd-Frank Act
Client Memorandum
Client Publications
November 24, 2010 SEC Proposes Rules Implementing New Exemptions from Advisers Act Registration Under the Dodd-Frank Act
Client Memorandum
Client Publications
November 23, 2010 Delaware Supreme Court Invalidates Airgas Bylaw Amendment
Client Newsflash
Client Publications
November 22, 2010 CFTC and SEC Propose Swap Data Reporting Rules
Client Newsflash
Client Publications
November 22, 2010 CFTC Considers Protections for Swap Collateral
Client Newsflash
Client Publications
November 22, 2010 New ISS Policy Update: Tougher Standards for 2011
Client Memorandum
Client Publications
November 19, 2010 U.S. Regulation of Foreign and Domestic Banks
A User’s Guide to Regulatory Reform under Dodd-Frank, 2010-2011 Ed.
Publications
November 17, 2010 Davis Polk Submits Two Comment Letters to the SEC on Key Executive Compensation and Corporate Governance Rulemaking
Client Newsflash
Client Publications
November 16, 2010 Comments on Proposed Rules Relating to Shareholder Approval of Executive Compensation and Golden Parachute Compensation (the “Proposal”)
Comment Letter to the SEC
November 16, 2010 Comments on Subtitle E of Title IX–Accountability and Executive Compensation under the Dodd-Frank Wall Street Reform and Consumer Protection Act
Comment Letter to the SEC
November 12, 2010 CFTC Proposes Swap Dealer and Major Swap Participant Rules
Client Newsflash
Client Publications
November 12, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
November 10, 2010 SEC and DOJ Announce Resolutions of FCPA “Industry Sweep”; First SEC Charge Against a Non-U.S. Issuer for FCPA Violations
Client Newsflash
Client Publications
November 5, 2010 SEC Limits Direct Market Access
Client Memorandum
Client Publications
November 4, 2010 SEC Proposes Whistleblower Rules
Client Newsflash
Client Publications
November 3, 2010 MSRB Extends Application of Its Rules and Registration to Municipal Advisors
Client Newsflash
Client Publications
November 1, 2010 "Clear and Simple": SEC Proposes Say-on-Golden Parachute and Enhanced Disclosure Rules
Deal Lawyers
Publications
November 1, 2010 Remuneration et gouvernance: les innovations Dodd-Frank
Decideurs: Strategie Finance Droit
Publications
October 27, 2010 Proposed Loss Contingency Standard will not Apply to Calendar Year-end Filers' 2010 Form 10-Ks
Client Newsflash
Client Publications
October 21, 2010 Reg FD Enforcement Update: the Perils of Implied Messages
Client Newsflash
Client Publications
October 20, 2010 SEC Proposes Say-on-Pay Rules for Companies and Proxy Vote Reporting Rules for Investment Managers
Client Memorandum
Client Publications
October 15, 2010 SEC and CFTC Adopt Interim Final Rules on Reporting and Recordkeeping for Pre-Dodd-Frank Swaps
Client Newsflash
Client Publications
October 13, 2010 Global Compliance and Investigations Group
Fall 2010
Publications
October 13, 2010 The Report on the Financial Panic of 2008 and Financial Regulatory Reform
Task Force on the Financial Crisis of the International Bar Association
Publications
October 12, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
October 11, 2010 Delaware Court Permits Stockholders to Shorten Term of Airgas Staggered Board
Client Newsflash
Client Publications
October 8, 2010 Top-Up Options – Looking Better and Better
Client Newsflash
Client Publications
October 7, 2010 Third Circuit Prevents Plan Sponsor from Terminating Contractually Amendable Retiree Health and Welfare Benefits
Insolvency and Restructuring Update
Client Publications
October 6, 2010 A Novel Approach To Vote Solicitation On Prepackaged Plans
Dow Jones Daily Bankruptcy Review
Publications
October 4, 2010 SEC Stays Proxy Access Pending Court Review
Client Newsflash
Client Publications
October 4, 2010 ドッド・フランク法における金融安定監督協議会 (参考和訳)
Client Memorandum
Client Publications
October 1, 2010 Contractually Amendable Retiree Health and Welfare Benefits
Third Circuit Prevents Plan Sponsor from Terminating
The Bankruptcy Strategist, Vol. 27, No.12
Publications
October 2010 Enhancing Financial Stability and Resilience: Macroprudential Policy, Tools and Systems for the Future
Group of Thirty
Publications
September 28, 2010 プロキシー・アクセス初年度:何を想定し、何を始めるべきか(参考和訳)
Client Memorandum
Client Publications
September 27, 2010 Antitrust Division Sues Six Firms for Entering into Illegal Agreements not to Solicit Each Other's Employees
Client Newsflash
Client Publications
September 27, 2010 Reverse Termination Fees: A Resurgence -- The Deal Video Interview
Client Newsflash
Client Publications
September 23, 2010 Preparing for the 2011 Proxy Season: Action Plans and Open Issues
Client Memorandum
Client Publications
September 21, 2010 SEC v. Cuban: The Fifth Circuit Reverses
Client Newsflash
Client Publications
September 20, 2010 SEC Shines a Spotlight on Short-Term Borrowings: Issues Guidance and Proposes New Disclosure Requirements
Client Memorandum
Client Publications
September 16, 2010 Impact of the Dodd-Frank Act on Private Equity Funds, Hedge Funds and Their Investment Advisers
Private Equity Newsletter
Client Publications
September 16, 2010 Proxy Access Rules Effective November 15, 2010
Client Newsflash
Client Publications
September 14, 2010 Treasury Department Issues Iranian Financial Sanctions Regulations
Client Memorandum
Client Publications
September 13, 2010 Agreement on Quantification and Timing of Basel III Minimum Capital Requirements
Client Memorandum
Client Publications
September 13, 2010 Investment Management Regulatory Update
Newsletter
Client Publications
September 11, 2010 ドッド・フランク法における金融調査局(参考和訳)
Client Memorandum
Client Publications
September 7, 2010 Proxy Access Year One: What to Expect and What to Do Now
General Counsel Update
Client Publications
September 7, 2010 SEC によるプロキシー・アクセス・ルールの採択(参考和訳)
Client Memorandum
Client Publications
September 6, 2010 ドッド・フランク法における地方債アドバイザーの登録(参考和訳)
Client Memorandum
Client Publications
September 3, 2010 SEC Adopts Rule Providing for Temporary Registration of Municipal Advisors
Client Newsflash
Client Publications
September 1, 2010 L'arret Morrison reaffirme la presomption de non-extraterritorialite du droit boursier american
JOLY editions
Publications
September 1, 2010 What is a Broker-Dealer?
Chapter 1A
Broker-Dealer Reg., Rel. #9, 9/10, PLI
Publications
September 1, 2010 ドッド・フランク法における店頭デリバティブ規制 (参考和訳)
Client Memorandum
Client Publications
August 30, 2010 Implications of Orderly Liquidation Authority -- WSJ Video Interview
Client Newsflash
Client Publications
August 25, 2010 SEC Adopts Proxy Access for 2011 Proxy Season
Client Newsflash
Client Publications
2009 Federal Reserve Emergency Authority: Old Tools Used in New Ways
Davis Polk Financial Crisis Manual
Publications
August 24, 2010 Foreign Banks as U.S. Financial Holding Companies (5th Ed.)
U.S. Regulation of Foreign Banks
Publications
2010 Overview of U.S. Bank Regulation and Recent Developments
The Banking Regulation Review (2010 and 2011)
Publications
August 24, 2010 The FTC Proposes Amendments to the HSR Rules and Notification Form
Client Memorandum
Client Publications
August 24, 2010 U.S. Antitrust Agencies Issue New Merger Guidelines
Client Memorandum
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August 18, 2010 Delaware Court Upholds Barnes & Noble Shareholder Rights Plan
Client Newsflash
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August 17, 2010 New York State Amends 2009 Power of Attorney Statute
Client Newsflash
Client Publications
August 16, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
August 2010 Would You Like Fries With That?
Goods vs Services Under § 503(b)(9) of the Bankruptcy Code
The Bankruptcy Strategist
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August 13, 2010 FASB Reproposes Amendments to Loss Contingency Disclosures
Client Memorandum
Client Publications
August 13, 2010 U.S. Dodd-Frank Act’s Application to Non-U.S. Issuers That are Not Financial Institutions
Client Memorandum
Client Publications
August 1, 2010 Will Mandatory Shareholder Approval of Golden Parachutes Dull Their Luster?
Deal Lawyers, July-August 2010, Vol.4, No. 4
DealLawyers.com
Publications
August 1, 2010 プライベート・ファンドのアドバイザーに対する規制(参考和訳)
Client Memorandum
Client Publications
July 29, 2010 Davis Polk Launches Dodd-Frank Webcast Series
Client Publications
July 26, 2010 SEC Proposes New Regulatory Scheme for 12b-1 Mutual Fund Fees
Client Newsflash
Client Publications
July 23, 2010 Exploring the Volcker Rule’s Effect on Banks: WSJ Video Interview
Client Newsflash
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July 23, 2010 Spotlight on New Disclosure Requirements for Mining and Natural Resource Companies in Dodd-Frank Act
Client Newsflash
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July 23, 2010 Tax Court Rules on Variable Prepaid Forwards and Stock Lendings
Client Memorandum
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July 23, 2010 United States Enacts Sweeping Secondary Boycotts Targeting Iran
Client Memorandum
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July 21, 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act: Preliminary Assessment of Provisions Effective Immediately or Very Soon After Enactment
Client Memorandum
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July 21, 2010 Guidance on Use of Credit Ratings in Securities Offerings Following Dodd-Frank
Client Newsflash
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July 21, 2010 Summary of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Enacted into Law on July 21, 2010
Client Memorandum
Client Publications
July 21, 2010 スワップ・プッシュアウト・ルール (参考和訳)
Client Memorandum
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July 14, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
July 13, 2010 ドッド・フランク法におけるボルカー・ルール(参考和訳)
Client Memorandum
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July 9, 2010 Davis Polk Regulatory Implementation Slides
Client Memorandum
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July 9, 2010 Summary of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Passed by the House of Representatives on June 30, 2010
Client Memorandum
Client Publications
July 6, 2010 NASDAQ Corporate Governance Rule Update
Client Newsflash
Client Publications
July 1, 2010 A Vote for Allegheny: DBSD North America
American Bankruptcy Institute Journal, reprinted in Best of ABI 2011: The Year in Business Bankruptcy
Publications
June 30, 2010 New Trading Pause Proposals to Include More Issuers
Client Newsflash
Client Publications
June 29, 2010 Bilski v. Kappos: U.S. Supreme Court Declines Categorical Rejection of Business Method Patents
Client Memorandum
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June 28, 2010 Bank Supervisory Agencies’ Final Guidance: Aligning Incentive Compensation with Safety and Soundness Concerns
Client Memorandum
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June 28, 2010 Collins Amendment – Minimum Capital and Risk-Based Capital Requirements
Client Memorandum
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June 28, 2010 Senate-House Conference Agrees on Swap Pushout Rule
Client Memorandum
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June 28, 2010 U.S. Supreme Court Limits Extraterritorial Application of U.S. Securities Laws—Morrison v. National Australia Bank
Client Newsflash
Client Publications
June 25, 2010 Senate-House Conference Agrees on Final Volcker Rule
Client Memorandum
Client Publications
June 22, 2010 Prime Brokerage
Chapter in Advising Private Funds
Securities Law Handbook Series (2010 Edition)
Publications
June 21, 2010 In re Exide Technologies: A Ray of Hope for Trademark Licensees When Licensors File for Bankruptcy?
Client Memorandum
Client Publications
June 21, 2010 SEC Proposes Consolidated Audit Trail
Securities Regulation and Law Report
Publications
June 21, 2010 SEC Proposes Consolidated Audit Trail
Securities Regulation & Law
Bureau of National Affairs
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June 16, 2010 Standing Committee Approves Major Changes to Bankruptcy Disclosure Rule
Insolvency and Restructuring Update
Client Publications
June 16, 2010 Supreme Court to Address Securities Fraud Pleading Standards
Client Newsflash
Client Publications
June 10, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
June 9, 2010 Going Private Transactions with Private Equity Funds
Private Equity Newsletter
Client Publications
June 7, 2010 SEC Proposes Consolidated Audit Trail
Client Memorandum
Client Publications
June 3, 2010 Climate Change and Environmental Update
Client Newsletter
Client Publications
June 3, 2010 EPA Delineates Regulation of Greenhouse Gas Emissions from Stationary Sources
Climate Change and Environmental Update
Client Publications
June 3, 2010 Kerry-Lieberman Climate Change Bill Unveiled
Climate Change and Environmental Update
Client Publications
June 3, 2010 Significant Developments in Climate Change Nuisance Lawsuits
Climate Change and Environmental Update
Client Publications
June 2, 2010 Financial Reform Side-by-Side Comparison Chart – Key Senate and House Bill Issues
Client Memorandum
Client Publications
June 1, 2010 FINRA Proposes New Operations Personnel Qualification and Registration Requirements
Client Memorandum
Client Publications
June 1, 2010 The Authority of a Debtor to Settle Estate Claims Brought by a Committee
American Bankruptcy Institute Journal
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May 28, 2010 Delaware Court Adopts Unified Standard for Controlling Stockholder Going Private Transactions
Client Newsflash
Client Publications
May 28, 2010 House Targets International and Domestic Tax Planning Strategies
Client Memorandum
Client Publications
May 26, 2010 Restoring American Financial Stability Act of 2010
Executive Compensation and Corporate Governance Portions
Client Publications
May 22, 2010 Summary of the Restoring American Financial Stability Act, Passed by the Senate on May 20, 2010
Client Memorandum
Client Publications
May 21, 2010 Senate Bill Passed: Corporate Governance and Executive Compensation Changes Would Affect All US Public Companies
Client Memorandum
Client Publications
May 21, 2010 Update on "Carried Interest" Legislation
Client Newsflash
Client Publications
May 10, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
April 29, 2010 A Nice Step Forward: New Q&As on the FDIC’s Policy Statement for Failed Bank Acquisitions
Client Memorandum
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April 29, 2010 Investor Views Getting Attention: Proposal Permitting Pre-Filing Communications by Underwriters Stalled
Client Newsflash
Client Publications
April 28, 2010 Merck & Co. v. Reynolds: U.S. Supreme Court Clarifies Statute of Limitations in Securities Fraud Cases
Client Newsflash
Client Publications
April 22, 2010 U.S. Antitrust Agencies Propose New Merger Guidelines
Client Newsflash
Client Publications
April 20, 2010 SEC Proposes Large Trader Reporting System
Client Memorandum
Client Publications
April 19, 2010 SEC’s Latest Market Structure Initiative: Proposed Limitation on Options Market Access Fees
Client Memorandum
Client Publications
April 15, 2010 2010 Proxy Season Early Trends: More Proposals, and More Exclusions
Client Memorandum
Client Publications
April 9, 2010 Trends in Prime Brokerage
Practical Law -- The Journal
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April 8, 2010 Climate Change and Environmental Update
Client Newsletter
Client Publications
April 8, 2010 EPA Seeks Corporate Ownership Information Under Greenhouse Gas Reporting Rule and Expansion of Reporting Obligations to Additional Oil and Gas Facilities
Climate Change and Environmental Update
Client Publications
April 8, 2010 Future Federal Actions May Need to Consider Impact on Climate Change
Climate Change and Environmental Update
Client Publications
April 8, 2010 New Federal Greenhouse Gas Emission Laws Begin to Take Effect January 2011
Climate Change and Environmental Update
Client Publications
April 6, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
April 1, 2010 Breaking Up (and Getting Paid) Is Hard to Do
American Bankruptcy Institute Journal
Publications
April 1, 2010 Substantive Consolidation – A Post-Modern Trend
American Bankruptcy Institute Law Review Vol. 14:527
Publications
April 1, 2010 The SEC's New Short Sale Rule: Implications and Ambiguities
Securities Market
Insights, Vol. 24, No. 4, April 2010
Publications
March 31, 2010 Right to Credit Bid Denied in Philadelphia Newspapers
Dow Jones Daily Bankruptcy Review
Publications
March 29, 2010 Structuring Private Equity Investments in FDIC “Problem” Institutions
Private Equity Newsletter
Client Publications
March 23, 2010 Insolvency and Restructuring Update
In re Philadelphia Newspapers, LLC: Third Circuit Court of Appeals Denies Secured Creditors’ Right to Credit Bid in Sale Pursuant to a Plan of Reorganization
Client Publications
March 23, 2010 Summary of Manager’s Amendment to the March Dodd Bill
Client Newsflash
Client Publications
March 22, 2010 Capital Ideas: The Taxation of Derivative Gains and Losses
Tax Notes
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March 19, 2010 HIRE Act Codifies FATCA Rules, Ban on Bearer Bonds and Rules for Withholding on “Dividend Equivalents”
Client Memorandum
Client Publications
March 19, 2010 Modifications to Global Research Settlement Pave Way for Chaperoned Research and Investment Banking Participation in Joint Due Diligence Sessions
Client Newsflash
Client Publications
March 17, 2010 Summary of the March 15, 2010 Draft of the Restoring American Financial Stability Act, Introduced by Senator Christopher Dodd (D-CT)
Client Memorandum
Client Publications
March 16, 2010 Corporate Governance and Executive Compensation in the New Dodd Bill: Implications for All US Public Companies
Client Memorandum
Client Publications
March 15, 2010 Preparing for RiskMetrics Group's New Governance Risk Indicators (GRId)
General Counsel Update
Client Publications
March 11, 2010 New “PROP Trading Act” Would Expand “Volcker” Prohibitions
Client Memorandum
Client Publications
March 9, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
March 8, 2010 The SEC’s New Short Sale Rule: Implications and Ambiguities
Client Memorandum
Client Publications
March 4, 2010 Treasury Proposes “Volcker Rule” Legislative Text
Client Memorandum
Client Publications
March 3, 2010 Delaware Court Upholds Use of 4.99% Poison Pill to Protect NOLs
Client Memorandum
Client Publications
March 3, 2010 Update: Preparing Your 2009 Form 20-F
Client Memorandum
Client Publications
March 2, 2010 2009 年度フォーム20-F の作成に関するアップデート(参考和訳)
Client Memorandum
Client Publications
March 1, 2010 Consolidation and Competition in the US Equity Markets
Capital Markets Law Journal 2010, Vol. 5, No. 2
Publications
March 1, 2010 Corporate Governance Practices in US Initial Public Offerings
Practical Law - The Journal
Publications
March 1, 2010 Limit My Practice Instead!
Thoughts on Reforming Section 382
Taxes--The Tax Magazine
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February 26, 2010 IRS Suspends, Waives Certain FBAR Filings
Client Newsflash
Client Publications
February 26, 2010 Proposed FBAR Regulations Address Some Concerns but Leave Many Questions Unanswered
Client Newsflash
Client Publications
February 25, 2010 Recent Second Circuit Decision Underscores Importance of Careful Consideration of Indenture Terms
Client Newsflash
Client Publications
February 25, 2010 SEC Deputy Director of Enforcement Provides Further Information Regarding Cooperation Initiatives
Client Newsflash
Client Publications
Forthcoming - Spring The Collapsing Jurisdictional Boundaries of the Antifraud Provisions of the U.S. Securities Laws: The Supreme Court and Congress Ready to Redress Forty Years of Ambiguity
New York University Law & Business Journal (Vol. 5, No. 2)
Publications
February 24, 2010 SEC Approves New Short Sale Price Test
Client Newsflash
Client Publications
February 2010 Directors' Duties under the New SEC Rules on Disclosure Enhancement
Article: The Conference Board
Publications
February 11, 2010 Form F-4 Registration of Japanese Business Combinations with the U.S. SEC under the U.S. Securities Act
Client Memorandum
Client Publications
February 11, 2010 米国証券法フォームF-4における組織再編取引の登録(参考和訳)
Client Memorandum
Client Publications
February 9, 2010 RiskMetrics’ Governance Risk Indicators (GRId) – a New Governance Measurement for Proxy Voting Reports
General Counsel Update
Publications
February 8, 2010 Environmental Disclosure in SEC Filings – 2010 Update
Client Memorandum
Client Publications
February 8, 2010 SEC Enforcement Division Releases Detailed Information Regarding Cooperation Initiatives
Client Newsflash
Client Publications
February 5, 2010 2010 Acquisition Financing: Trends From 2009
Article: Practical Law Company
Publications
February 5, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
February 2, 2010 DOJ Alleges Acquirer's Premerger Review of Target's Contracts Violates HSR Act
Client Newsflash
Client Publications
February 1, 2010 FINRA Proposes Changes to New and Continuing Membership Application Processes
Client Memorandum
Client Publications
February 1, 2010 Say on Pay: une realite bientot francaise?
Decideurs: Strategie Finance Droit
Publications
February 1, 2010 UCL Class Certification After ‘Tobacco II’
Article: The Recorder
Publications
January 29, 2010 DOJ to Revise Horizontal Merger Guidelines to Better Reflect "Actual Agency Practice"
Client Newsflash
Client Publications
January 29, 2010 Preparing Your 2009 Form 20-F
Client Memoradum
Client Publications
January 28, 2010 2009 年度フォーム20-F の作成について(参考和訳)
Client Memorandum
Client Publications
January 28, 2010 SEC Proposes Amendments to Rule 10b-18 Safe Harbor for Issuer Repurchases
Client Memorandum
Client Publications
January 28, 2010 SEC Removes Roadblocks to Use of Non-GAAP Measures in Filings
Client Memorandum
Client Publications
January 27, 2010 SEC Proposes Rule Regarding Sponsored Access
Client Memorandum
Client Publications
January 27, 2010 SEC Speaks on Climate Change Disclosure Obligations
Client Newsflash
Client Publications
January 26, 2010 SEC Proposes Rule Regarding Sponsored Access
Client Memorandum
Client Publications
January 25, 2010 Insolvency and Restructuring Update
Significant Decision in Six Flags Chapter 11 Case Declining to Apply Disclosure Requirements of Bankruptcy Rule 2019 to an Informal Committee of Noteholders
Client Publications
January 25, 2010 President Obama Proposes Size and Activities Limits for Financial Institutions
Client Memorandum
Client Publications
January 22, 2010 FINRA Proposes Changes to Personnel Registration Requirements
Client Memorandum
Client Publications
January 21, 2010 Revised Jurisdictional and Exemption-Related Thresholds under the HSR Act
Client Memorandum
Client Publications
January 19, 2010 SEC Issues Concept Release on Equity Market Structure
Client Memorandum
Client Publications
January 15, 2010 President Obama Proposes Tax on Large Financial Firms
Client Newsflash
Client Publications
January 15, 2010 SEC Enforcement Director Introduces New Unit Chiefs and Cooperation Initiatives
Client Newsflash
Client Publications
January 13, 2010 Delaware Court Holds Misleading Schedule 13D May Give Rise to Damages Claim Under State Law
Client Newsflash
Client Publications
January 13, 2010 SEC Issues No-Action Letter Permitting Reliance Upon Section 3(a)(9) in Exchanges of Securities with Upstream Guarantees
Client Newsflash
Client Publications
January 13, 2010 The FDIC Seeks Public Comment on Whether to Incorporate Compensation Programs into the Risk-Based Deposit Insurance Assessment System
Client Newsflash
Client Publications
January 12, 2010 FDIC and Private Capital: Moving the Goal Lines
Client Memorandum
Client Publications
January 7, 2010 Acquisition Financing in 2010 - Trends from 2009
Client Memorandum
Client Publications
January 7, 2010 Investment Management Regulatory Update
Client Newsletter
Client Publications
January 7, 2010 The SEC’s New Corporate Governance and Compensation Disclosure Requirements
Client Memorandum
Client Publications
January 1, 2010 Advising Private Funds: A Comprehensive Guide to Representing Hedge Funds, Private Equity Funds and Their Advisers
West
Publications
January 1, 2010 Federal Antitrust Enforcement Priorities Under the Obama Administration
Journal of European Competition Law & Practice, Vol. 1, No. 1, 2010, pp. 52-61
Oxford University Press
Publications
2010 The Global Financial Crisis and Proposed Regulatory Reform
Brigham Young University Law Review, Vol. 2010, No. 2
Publications
December 22, 2009 SEC Proposes New Rule to Allow Pre-Filing Offerings by Underwriters, Potentially Paving the Way for More Pre-Marketed Transactions
Client Newsflash
Client Publications
December 21, 2009 Insolvency and Restructuring Update
Davis Polk Partner Testifies Before Congress on Airline Bankruptcies
Client Publications
December 16, 2009 SEC Adopts Additional Compensation and Corporate Governance Disclosure for 2010 Proxy Season
Client Memorandum
Client Publications
December 15, 2009 Summary of the Wall Street Reform and Consumer Protection Act Passed by the House of Representatives, December 11, 2009
Client Memorandum
Client Publications
December 14, 2009 Wall Street Reform Act Includes Say on Pay and Other Compensation Provisions
Client Newsflash
Client Publications
December 10, 2009 FINRA Proposes New Rules Governing Member Payments to Unregistered Broker-Dealers
Client Memorandum
Client Publications
December 9, 2009 House to Consider Bill Containing Carried Interest Proposal, Ban on Bearer Bonds and Updated FATCA Rules
Client Memorandum
Client Publications
December 4, 2009 Investment Management Regulatory Update
Client Newsletter
Client Publications
December 3, 2009 AES Reaches Settlement with New York State Attorney General Regarding Climate Change Disclosure
Climate Change and Environmental Update
Client Publications
December 3, 2009 California Releases Draft Cap-and-Trade Proposal
Climate Change and Environmental Update
Client Publications
December 3, 2009 Climate Change and Environmental Update
Client Newsletter
Client Publications
December 3, 2009 International Climate Change Update
Climate Change and Environmental Update
Client Publications
December 3, 2009 Shareholder Activists and Institutional Investors Again Petition SEC to Provide Guidance on Climate Change Disclosure
Climate Change and Environmental Update
Client Publications
December 3, 2009 Shareholder Proposals on Environmental Risks May Now Be Harder to Exclude
Environmental Update
Client Publications
December 2, 2009 NYSE Corporate Governance Rule Changes to Take Effect January 1, 2010
Client Newsflash
Client Publications
December 2, 2009 Preparing for the 2010 Proxy Season: RiskMetrics Updates Voting Policies
Client Memorandum
Client Publications
December 2, 2009 United States Supreme Court to Hear Case Concerning the Extraterritorial Application of U.S. Securities Laws—Morrison v. National Australia Bank
Client Memorandum
Client Publications
December 1, 2009 Current Market Structure Issues in the U.S. Equity Markets
Coping with Broker-Dealer Regulation and Enforcement
P.L.I. Conference
Publications
December 1, 2009 De l'intervention sur les titres en periode d'offre
Decideurs: Strategie Finance Droit
Publications
December 1, 2009 Insolvency and Restructuring Update
Important Recent Decision Upholding Waivers of Rights by Second Lien Lenders in an Intercreditor Agreement
Client Publications
November 30, 2009 Pushing Back on Pressure for Independent Board Chairs
Publications
November 30, 2009 Shareholders Spar With Public Companies
The Recorder
Publications
November 21, 2009 Key Amendments to the Financial Stability Improvement Act of 2009 to the Committee Print, through 11/19/09
Publications
November 20, 2009 Congressional and SEC Governance and Compensation Proposals: Scorecard and Action Plan
Client Memorandum
Client Publications
November 17, 2009 Dodd Bill Would Affect Corporate Governance and Executive Compensation Processes for All US Public Companies
Client Memorandum
Client Publications
November 17, 2009 Insolvency and Restructuring Update
Client Newsletter
Client Publications
November 17, 2009 SEC Proposes Additional Transparency for “Dark Pools” and Intends to Issue Additional Market Structure Proposals and Concept Release Soon
Client Memorandum
Client Publications
November 16, 2009 Abuse of Non-GAAP Measures: SEC Brings First Regulation G Enforcement Action
Client Newsflash
Client Publications
November 13, 2009 Summary of the Restoring American Financial Stability Act of 2009, Introduced by Senator Christopher Dodd (D-CT) November 10, 2009 Discussion Draft
Client Memorandum
Client Publications
November 12, 2009 The House and Senate Debate Resolution Authority
Client Memorandum
Client Publications
November 11, 2009 Investment Management Regulatory Update
Client Publications
November 11, 2009 Proxy Access Update: Proposed Legislation Would Bolster SEC Authority on Proxy Access
Client Newsflash
Client Publications
November 10, 2009 Section 106(a) of the Bankruptcy Code
Recent Developments in the Law Regarding Sovereign Immunity Under the Bankruptcy Code
Publications
November 9, 2009 Investor Protection Act Passes House Financial Services Committee
Client Memorandum
Client Publications
November 1, 2009 News from Philadelphia: Secured Creditors to be Afforded Right to Credit Bid at Sale of Collateral Conducted under a Plan of Reorganization
ABI Committee News
Publications
October 29, 2009 Competing Over-the-Counter Derivatives Bills Progress Through the House
Client Memorandum
Client Publications
October 28, 2009 Consumer Financial Protection Agency Act Clears House Financial Services Committee
Client Memorandum
Client Publications
October 28, 2009 Highlights of Proposed Legislation Aimed at Combating Offshore Tax Evasion
Client Memorandum
Client Publications
October 28, 2009 SEC Revises Position on Exclusion of Shareholder Proposals Related to Risk and CEO Succession
Client Newsflash
Client Publications
October 27, 2009 2009 Shareholder Litigations Over Acquisitions of California Public Companies
Client Memorandum
Client Publications
October 27, 2009 Federal Reserve Proposed Guidance: Aligning Incentive Compensation with Safety and Soundness Concerns
Client Memorandum
Client Publications
October 20, 2009 SEC and CFTC Release Joint Report on Harmonization of Regulation
Client Newsflash
Client Publications
October 16, 2009 General Counsel Update
Planning for New Revenue Recognition Standards—Governance, Communications and Disclosure Implications
Client Publications
October 15, 2009 Governance Practices for IPO Companies: A Davis Polk Survey
Client Memorandum
Client Publications
October 15, 2009 Insolvency and Restructuring Update
TOUSA, Inc. - Significant Fraudulent Transfer Decision
Client Publications
October 14, 2009 California Becomes the First State to Impose a Fee on Greenhouse Gas Emissions
Climate Change and Environmental Update
Client Publications
October 14, 2009 Climate Change and Environmental Update
Client Newsletter
Client Publications
October 14, 2009 EPA Announces Scope of Future Greenhouse Gas Emission Regulations
Climate Change and Environmental Update
Client Publications
October 14, 2009 EPA Requires Measurement and Reporting of Greenhouse Gas Emissions
Climate Change and Environmental Update
Client Publications
October 14, 2009 International Climate Change Update
Climate Change and Environmental Update
Client Publications
October 14, 2009 Podcast: Revenue Recognition Changes
Sarah Solum Speaks with Compliance Week Editor Matt Kelly
Publications
October 14, 2009 SEC Evaluating Environmental, Climate Change and Sustainability Disclosure and Indicates Climate Change Guidance May be Provided
Climate Change and Environmental Update
Client Publications
October 14, 2009 Second Circuit Clears Path for Climate Change Public Nuisance Lawsuits
Climate Change and Environmental Update
Client Publications
October 14, 2009 Senate Releases Draft Clean Energy Bill
Climate Change and Environmental Update
Client Publications
October 12, 2009 Insolvency and Restructuring Update
Three Important New Chapter 11 Decisions Affecting Creditors
Client Publications
October 12, 2009 U.S. Securities Laws Considerations and Options for Japanese Cash Tender Offers
Client Memorandum
Client Publications
October 11, 2009 日本における現金公開買付けに関連する米国証券諸法にかかる留意点及び選択肢(参考和訳)
Client Memorandum
Client Publications
October 10, 2009 Rule 802 and Application of U.S. Securities Laws to Japanese Business Combination Transactions
Client Memorandum
Client Publications
October 9, 2009 General Counsel Update
Preparing for the 2010 Proxy Season: Spotlight on Risk
Client Publications
October 9, 2009 Investment Management Regulatory Update
Client Publications
October 9, 2009 ルール802 及び日本の有価証券を対象とした企業結合取引への米国証券法制の適用(参考和訳)
Client Memorandum
Client Publications
October 8, 2009 Rule 801 and Application of U.S. Securities Laws to Japanese Rights Offerings
Client Memorandum
Client Publications
October 7, 2009 ルール801 及び日本におけるライツ・オファリングに対する米国証券法制の適用(参考和訳)
Client Memorandum
Client Publications
October 6, 2009 Representative Frank Releases Discussion Draft for Over-the-Counter Derivatives Reform
Client Memorandum
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October 6, 2009 Representative Kanjorski Releases Investor Protection, Private Investment Fund Advisers Registration and Federal Insurance Office Proposals
Client Memorandum
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October 5, 2009 Senate Releases Draft Clean Energy Bill
Environmental Update
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October 2, 2009 EPA Adopts Mandatory Greenhouse Gas (GHG) Reporting Rule
Environmental Update
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October 2, 2009 EPA Announces Scope of Future Greenhouse Gas (GHG) Emission Regulations
Environmental Update
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October 2, 2009 FINRA Proposes Amendments to Communications Rules, Including New Pre-Filing Requirements for Structured Products Communications
Client Memorandum
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October 2, 2009 Second Circuit Clears Path for Climate Change Public Nuisance Lawsuits
Environmental Update
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October 1, 2009 Not So Bankruptcy-Remote SPEs and In re General Growth Properties Inc.
American Bankruptcy Institute Journal
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October 1, 2009 Rule 12g3-2(b): The Foreign Private Issuer Exemption
Client Memorandum
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October 1, 2009 SEC Urged to Defer Adopting Proxy Access Rules
Client Memorandum
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October 1, 2009 SPM Manufacturing to Journal Register: Indicators of a Successful "Gift Plan"
American Bankruptcy Institute Journal
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September 30, 2009 ルール12g3-2(b):海外民間発行体の適用除外(参考和訳)
Client Memorandum
Client Publications
September 29, 2009 Insolvency and Restructuring Update
In re Lehman Brothers Holdings, Inc.
Client Publications
September 25, 2009 General Counsel Update
SEC Settlement Underscores Value of Regulation FD Training and Compliance Programs
Client Publications
September 24, 2009 The Davis Polk Financial Crisis Manual
A Guide to the Laws, Regulations and Contracts of the Financial Crisis
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September 23, 2009 IRS Releases Internal Memorandum Regarding Lending in the United States by Foreign Persons
Client Newsflash
Client Publications
September 21, 2009 SEC Proposes to Ban “Flash” Orders; Announces Broad Review of Market Structure Issues
Client Newsflash
Client Publications
September 14, 2009 Insolvency and Restructuring Update
In re American Home Mortgage Holdings, Inc.
Client Publications
September 9, 2009 Asia M&A / Private Equity Newsletter
Renminbi Private Equity Funds - Opportunities and Limitations
Client Publications
September 3, 2009 Investment Management Regulatory Update
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September 1, 2009 Getting the Deal Through -- Merger Control 2010
Law Business Research
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September 1, 2009 Restructuring and Liquidation of U.S. Financial Institutions
Global Financial Crisis: Navigating and Understanding the Legal and Regulatory Aspects
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September-October 2009 The Bear "Naked" Truth: Short Sales and Rumors
Practical Compliance & Risk Management for the Securities Industry
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August 31, 2009 FDIC Extends Cautious Welcome To Private Capital Investments In Failed Banks
Client Memorandum
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August 31, 2009 Short Sales: SEC Staff Provides Guidance on Short Sale Order-Marking Issues, Updates Regulation SHO FAQs
Client Newsflash
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August 24, 2009 Davis Polk Antitrust Update
Client Newsflash
Client Publications
August 18, 2009 Insolvency and Restructuring Update
In re General Growth Properties, Inc.
Client Publications
August 17, 2009 Obama Administration Proposes Sweeping Legislation to Regulate Over-The-Counter Derivatives
Client Newsflash
Client Publications
August 10, 2009 Davis Polk Comment Letter on the FDIC's Proposed Policy Statement on Private Equity
Comment Letter
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August 7, 2009 Extension of FBAR Filing Deadline to June 30, 2010 for Certain Persons
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Client Publications
August 6, 2009 SEC Announces Significant Enforcement Initiatives
Client Newsflash
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August 5, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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Summer 2009 Best FRANDs Forever? Standard-Setting Antitrust Enforcement in the United States and the European Union Publications
August 3, 2009 Killing the Golden Goose? The FDIC's Proposed Policy Statement on Private Equity
Davis Polk Web Forum
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August 1, 2009 Des consequences d'une maladresse commise dans la redaction d'une sentence arbitrale, note sous Cass. civ. 1ere, 8 juillet 2009
Revue de l'arbitrage 2011
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July 29, 2009 SEC Charges Perry Capital with Disclosure Violations in Connection with Alleged Vote Buying
Client Newsflash
Client Publications
July 29, 2009 SEC Charges Perry Capital with Disclosure Violations in Connection with Alleged Vote Buying
Client Newsflash
Client Publications
July 28, 2009 Short Sales: SEC Adopts Final Rule 204, Allows Rule 10a-3T (Form SH) to Expire and Announces Other Short Sale Initiatives
Client Newsflash
Client Publications
July 28, 2009 The Regulatory Reform Marathon
Client Memorandum
Client Publications
July 24, 2009 "Professional Liability" in Business and Commercial Litigation in Federal Courts
West
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July 24, 2009 Corporate Privileges and Confidential Information
Law Journal Press
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July 24, 2009 SEC v. Dorozhko: The Second Circuit’s View of Section 10(b) “Deception”
Client Newsflash
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July 20, 2009 Insolvency and Restructuring Update
In re QSI Holdings, Inc.
Client Publications
July 20, 2009 SEC v. Cuban: A New Decision Casts Doubt on a Key SEC Position on Insider Trading
Client Newsflash
Client Publications
July 20, 2009 Treasury Seeks Legislation to Enact Say on Pay and Compensation Committees Changes for All U.S. Public Companies
Client Newsflash
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July 20, 2009 Update on the Derivatives Provisions in the American Clean Energy and Security Act of 2009
Client Memorandum
Client Publications
July 17, 2009 Additional Compensation and Corporate Governance Disclosure Requirements for 2010 Proxy Season
Client Memorandum
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July 17, 2009 Private Fund Investment Advisers Registration Act
Client Newsflash
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July 16, 2009 U.S. House of Representatives Approves Landmark Climate Change Legislation
Client Memorandum
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July 15, 2009 Zacharias v. SEC: D.C. Circuit Affirms SEC’s Finding of Section 5 Violations
Client Memorandum
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July 13, 2009 Investor Protection Act of 2009
Client Newsflash
Client Publications
July 7, 2009 General Counsel Update
Excluding Shareholder Proposals: Lessons From the 2009 Proxy Season
Client Publications
July 6, 2009 FDIC Proposes Conditions for Investments in Failed Banks by Private Capital Investors
Client Memorandum
Client Publications
July 1, 2009 Be Careful What You Contract For...
Secured Credit Committee
American Bankruptcy Institute
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July 1, 2009 Consumer Financial Protection Agency Act of 2009
Client Newsflash
Client Publications
July 1, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
July 1, 2009 SEC Eliminates Broker Discretionary Vote for Director Elections in 2010, Proposes "Better" Proxy Disclosures and Codifies TARP Recipients "Say on Pay"
Client Newsflash
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June 30, 2009 Private Equity Newsletter
What To Do When Your Portfolio Company Is in Financial Distress
Client Publications
06/25/2009 Conducting Due Diligence
Practicing Law Institute Faculty, San Francisco, CA
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June 25, 2009 Insolvency and Restructuring Update
Two Recent Significant Decisions in Federal Bankruptcy Law
Client Publications
June 24, 2009 Extension of FBAR Filing Deadline for Certain Offshore Investments
Client Memorandum
Client Publications
June 24, 2009 FTC Fines CEO $1.4 Million For Failure To File Under HSR Act After Purchasing Company Stock
Client Newsflash
Client Publications
June 24, 2009 Valuation in Chapter 11: Overview and Tools for Consensual Resolution
The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2009
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June 23, 2009 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
June 23, 2009 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
June 22, 2009 A New Foundation for Financial Regulation?
Client Memorandum
Client Publications
June 18, 2009 SEC Publishes Proxy Access Proposal
Client Memorandum
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June 17, 2009 Obama Administration White Paper on Financial Regulatory Reform: Executive Summary and Outline of Key Proposals
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June 17, 2009 Treasury Regulations Governing Compensation for TARP Participants
Client Memorandum
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June 11, 2009 Obama Administration to Push for Legislation Mandating Say on Pay and Additional Independence Standards for Compensation Committee For All U.S. Public Companies
Client Newsflash
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June 8, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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June 3, 2009 The National Conference Insurance Legislators' Model CDS Bill
Client Memorandum
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June 2, 2009 Insolvency and Restructuring Update
In re Chrysler LLC, et al.
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June 1, 2009 An Argument for Untidiness: Non-Parallel Treatment of Exclusions and Deductions in Federal Income Taxation
Michigan Tax Lawyer, Volume XXXII, Issue 1
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June 1, 2009 Business and Commercial Litigation in Federal Courts
Chapter on Professional Liability
Section of Litigation, American Bar Association
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June 1, 2009 Derivatives Provisions in the American Clean Energy and Security Act of 2009
Client Memorandum
Client Publications
June 1, 2009 Second Circuit Holds that Premiums Payable to PBGC after Termination Not Dischargeable
American Bankruptcy Institute Journal
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May 29, 2009 FINRA May Not Clear Some Shelfs on an Expedited Basis
Client Newsflash
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May 27, 2009 Senator Schumer Proposes Key Governance Changes for U.S. Public Companies
Client Newsflash
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May 20, 2009 Financial Crisis Inquiry Commission - Update
Client Newsflash
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May 20, 2009 Insolvency and Restructuring Update
In re General Growth Properties, Inc.
Client Publications
May 20, 2009 SEC Proposes Rule to Allow 1% Shareholders (or a Group of Shareholders holding 1%) to Nominate Directors at Large Companies
Client Newsflash
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May 15, 2009 Financial Crisis Inquiry Commission
Client Newsflash
Client Publications
May 14, 2009 Obama Administration Proposes Regulatory Reform for OTC Derivatives
Client Newsflash
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May 13, 2009 Insolvency and Restructuring Update
Contemporary Industries Corp.
Client Publications
May 13, 2009 The Authorizing the Regulation of Swaps Act
Client Memorandum
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May 12, 2009 Department of Justice Announces Plans to Pursue Aggressive Antitrust Enforcement Policy
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May 12, 2009 Highlights of the Administration's 2010 Revenue Proposals
Client Memorandum
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May 8, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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May 4, 2009 Administration's Proposals Regarding the Taxation of U.S. Groups' Foreign Income
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May 4, 2009 Administration's Proposals Regarding the Taxation of U.S. Groups' Foreign Income
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May 4, 2009 Short Sale Proposals: Key Questions
Client Memorandum
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Msy/June 2009 Disclosure and Approval of Related Person Transactions: Examining the Revised Regulations
The Corporate Governance Advisor
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April 23, 2009 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
April 22, 2009 Proposed Regulations on Partnership Allocations When Partners’ Interests Change During a Taxable Year
Client Newsflash
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April 21, 2009 General Counsel Update
Beneath the Hype: Notes on Key Executive Compensation Issues
Client Publications
April 16, 2009 Proposed Short Sale Restrictions: Implications for Equity Derivatives and Equity-Linked Securities
Client Memorandum
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April 15, 2009 Federal Circuit Holds that a "Covenant Not to Sue" Authorized Sales of Patented Products Under the Doctrine of Patent Exhaustion
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April 14, 2009 The Debate Over Federal Insurance Regulation
Client Memorandum
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April 13, 2009 Second Circuit Holds that PBGC Pension Termination Premiums are Non-Dischargeable in Bankruptcy
Client Newsflash
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April 13, 2009 Update on “Carried Interest” Legislation: New Levin Bill
Client Memorandum
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April 8, 2009 Private Equity Funds
Why Antitrust Matters to Your Private Equity Fund
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April 8, 2009 Proposed Short Sale Restrictions
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April 7, 2009 Current Congressional Efforts to Restrict Compensation of TARP Participants
Client Memorandum
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April 7, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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April 1, 2009 Asia M&A / Private Equity Newsletter
Antitrust Review or Regulation of Foreign Investment?: Understanding the PRC’s Anti-Monopoly Regime and the Coca-Cola/Huiyuan Decision
Client Publications
April 2009 Capital Raising: A Transatlantic Perspective
Capital Markets Law Journal of Oxford University Press
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March 30, 2009 Treasury's Proposed Resolution Authority for Systemically Significant Financial Companies
Client Memorandum
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March 30, 2009 Treasury's Rules of the Road for Regulatory Reform
Client Memorandum
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March 27, 2009 Delaware Supreme Court Reverses Lyondell; Supports Board Discretion in Sale Process
Client Newsflash
Client Publications
March 25, 2009 The Public-Private Investment Program
Client Memorandum
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March 20, 2009 Limited TLGP Extension and New Surcharge
Client Newsflash
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March 6, 2009 Proposed Tax Legislation Affecting Hedge Funds
Client Newsflash
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March 5, 2009 SEC Proposes Elimination of Broker Discretionary Vote in Director Elections for 2010
Client Newsflash
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March 3, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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March 2, 2009 Antitrust Update
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February 27, 2009 The Capital Assistance Program and Its “Stress Test”
Client Memorandum
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February 26, 2009 "Say on Pay" Now a Reality for TARP Participants
Client Memorandum
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February 24, 2009 FDIC to Discuss Guaranteeing Mandatory Convertible Debt Under the Temporary Liquidity Guarantee Program
Client Newsflash
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February 19, 2009 Energy Provisions of the American Recovery and Reinvestment Act of 2009
Client Memorandum
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February 18, 2009 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
February 18, 2009 Insurance Coverage for Climate Change Risks
Environmental Update
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February 17, 2009 Compensation Provisions in the American Recovery and Reinvestment Act of 2009
Client Memorandum
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February 17, 2009 The Financial Stability Plan and its Impact on Financial Institutions and Private Capital
Client Memorandum
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February 13, 2009 Select Tax Provisions in the American Recovery and Reinvestment Act of 2009
Client Newsflash
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February 9, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
February 9, 2009 More Executive Compensation Restrictions Are Included in the Senate Stimulus Bill Expected to Pass Tomorrow
Client Memorandum
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February 6, 2009 Important Third Circuit Decision Finds a Lender and Contractual Counterparty to Be a Non-statutory "Insider"
Client Newsflash
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February 6, 2009 New Executive Compensation Restrictions Under the Emergency Economic Stabilization Act of 2008
Client Memorandum
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February 4, 2009 SEC Publishes Final Rules and Proposes Additional Rules for Credit Rating Agencies
Client Newsflash
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February 3, 2009 SEC Issues Rules Outlining Mandatory XBRL Requirement (FPI)
Client Newsflash
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February 3, 2009 SEC Issues Rules Outlining Mandatory XBRL Requirement (US)
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February 1, 2009 New Case Law on Suspension of Hedge Fund Redemptions
Financier Worldwide
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January 28, 2009 Considerations for Drafting the 2009 Proxy Statement
Client Memorandum
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January 28, 2009 UK and US Financial Rescue Packages - A Survey
Client Memorandum
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January 27, 2009 Proposed Relief for Cancellation of Debt Income
Client Newsflash
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January 26, 2009 Private Equity Newsletter
Management Equity Arrangements in Private Equity Transactions Part II: Compensatory Equity Awards
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January 23, 2009 SEC Finalizes Revisions to Oil and Gas Requirements
Client Memorandum
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January 21, 2009 Environmental Disclosure in SEC Filings
Client Memorandum
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January 13, 2009 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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January 13, 2009 Revised Jurisdictional and Exemption-Related Thresholds, and Maximum Civil Penalties, under the HSR Act
Client Memorandum
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January 12, 2009 The Struggle Over the Second Half of TARP
Client Memorandum
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January 9, 2009 New SEC Relief for Some Companies That May Lose WKSI Status
Client Newsflash
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January 1, 2009 As the Wheel Turns: New Dynamics in the Coming Restructuring Cycle
The Americas Restructuring and Insolvency Guide 2008/2009
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January 1, 2009 Asia M&A / Private Equity Newsletter
Challenges of “Down Round” Financings in Asia
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January 1, 2009 Davis Polk's Role in Financial Crisis Outlined in The American Lawyer's "In the Red Zone" by Julie Triedman
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January 1, 2009 Global Financial Crisis: Navigating and Understanding the Legal and Regulatory Aspects
Globe Business Publishing
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2009 Incentive and Deferred Compensation for Financial Firms and Investment Funds: Sections 409A and 457A of the Tax Code
Practising Law Institute
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January 1, 2009 On Section Five of the Fourteenth Amendment (with Steven G. Calabresi)
11 U. Penn. J. Const. L. 1431 (2009)
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2009 Report of the Task Force on Extraterritorial Jurisdiction
IBA Task Force
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January 1, 2009 Responding to Multi-Jurisdictional Investigations: Issues and Considerations
42 The Rev. Sec. & Commodities Reg. 47
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2009 Secret Liens and the Financial Crisis of 2008
83 AM. BANKR. L.J. 253
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2009 The Effect of BAPCPA on Credit Card Industry Profits and Prices
83 AM. BANKR. L.J. 1
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December 23, 2008 Federal Antitrust Agencies Seek to Unwind Two Transactions Not Subject to HSR Act Reporting
Client Newsflash
Client Publications
December 22, 2008 SEC Adopts Mandatory XBRL Requirement
Client Newsflash
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December 22, 2008 SEC Adopts Mandatory XBRL Requirement Subject to Three-Year Phase-In
Client Newsflash
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December 19, 2008 Disclosure Considerations for Your 2008 Form 10-K
Client Memorandum
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December 2008 Amendments to Rule 802 and Application of U.S. Securities Laws to Japanese Mergers, Share Exchanges and Similar Business Combination Transactions
Client Memorandum
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December 17, 2008 FTC Fines Two Investment Funds for Failure to File Under HSR Act; $800,000 Penalty
Client Newsflash
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December 17, 2008 New York State Proposes to Tax Carried Interest Earned by Non-resident Partners
Client Newsflash
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December 2008 ルール802 の改正及び日本の有価証券を対象とした吸収合併、株式交換・移転及びこれらと同種の企業結合取引への米国証券法制の適用の変更(参考和訳)
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December 10, 2008 CFIUS Guidance Concerning National Security Considerations
Client Memorandum
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December 9, 2008 The 2009 Proxy Season: RiskMetrics Group’s Voting Policy Updates and an Examination of Upcoming Trends
Client Memorandum
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December 8, 2008 FINRA Proposes Amendments to Reporting Requirements
Client Memorandum
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December 8, 2008 Private Equity Newsletter
Purchasing Portfolio Company Debt at a Discount – Threshold Issues for Private Equity Funds and Their Portfolio Companies
Client Publications
December 4, 2008 SEC Approves Measures to Strengthen Oversight of Credit Rating Agencies
Client Newsflash
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December 3, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
December 3, 2008 Rapid Growth of Unsponsored ADR Programs Following Recent Amendments to SEC Rule 12g3-2(b)
Client Memorandum
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December 2, 2008 Eighth Circuit Holds Failure to File Exchange Act Reports Not a Breach of Indenture Reporting Covenant or Trust Indenture Act
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December 1, 2008 Credit Default Swap and Regulatory Restructuring Bills Proposed by Senator Harkin and Senator Collins
Client Memorandum
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November 26, 2008 Temporary Liquidity Guarantee Program: FDIC Final Rule
Client Memorandum
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November 25, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
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November 21, 2008 FINSA Final Regulations Published in Federal Register
Client Newsflash
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November 21, 2008 New York Revises its Plan to Regulate Credit Default Swaps
Client Newsflash
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November 19, 2008 FINSA Final Regulations
Client Memorandum
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November 17, 2008 Restructuring Debt Securities: Options and Legal Considerations
Client Memorandum
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November 4, 2008 FDIC Extends Opt-out Period for Temporary Liquidity Guarantee Program until December 5th
Client Newsflash
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November 3, 2008 US Government Capital Injections – Important Changes from the Term Sheet
Client Memorandum
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November 1, 2008 FINRA Jurisdiction Over Members' Non-Securities Activities
Complinet
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November 1, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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October 31, 2008 IRS Announces Notice of Proposed Rulemaking Relating to U.S. Taxation of Foreign Investors in Certain Infrastructure Investments
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October 31, 2008 Restructuring Debt Securities: Options and Legal Considerations
Client Memorandum
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October 30, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
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October 30, 2008 In re Bilski: Federal Circuit Narrows Patentability of Business Methods
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October 30, 2008 Time to Check Your Shelf Registration Statement
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October 27, 2008 Temporary Liquidity Guarantee Program: FDIC Interim Rule
Client Memorandum
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October 23, 2008 Deferred Compensation Rules May Affect US Employees of Foreign Corporations, Including Foreign Subsidiaries of US Corporations
Client Memorandum
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October 23, 2008 Executive Compensation Rules Under the Emergency Economic Stabilization Act of 2008
Client Memorandum
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October 22, 2008 Section 457A
Client Memorandum
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October 21, 2008 SEC Adopts Final Short Sale Rules
Client Memorandum
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October 20, 2008 FINRA Proposes Changes to Research Quiet Period
Client Newsflash
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October 20, 2008 General Counsel Update
To Guide or Not to Guide: Communicating with Investors in Uncertain Times
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October 20, 2008 SEC Issues Interim Final Temporary Rule Extending Short Sale Reporting
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October 17, 2008 Federal Reserve Bank of New York Announces Additional Details Regarding Commercial Paper Funding Facility
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October 15, 2008 Emergency Economic Stabilization Act of 2008: US Government Capital Injections
Client Memorandum
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October 8, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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October 8, 2008 Lehman Commercial Paper Inc. Bankruptcy Provides Insight into the Potential Impact on Borrowers of Defaults by Lenders
Client Newsflash
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October 7, 2008 Federal Reserve Board Announces Creation of Commercial Paper Funding Facility
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October 2008 SEC Publishes Final Amendments to Form 20-F, Foreign Private Issuer Status Determination and Going Private Rules
Client Memorandum
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October 7, 2008 Treasury Solicits Asset Managers and Other Agents for Troubled Asset Relief Program
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October 2008 SEC がフォーム20-F、海外民間発行体のステータスの判定および非公開会社化に関するルールの最終的改正を発表(参考和訳)
Client Publications
October 2008 Amendments to Rule 12g3-2(b): The Foreign Private Issuer Exemption
Client Memorandum
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October 4, 2008 Emergency Economic Stabilization Act of 2008
Client Memorandum
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October 2008 ルール12g3-2(b)の改訂:海外民間発行体の適用除外(参考和訳)
Client Publications
October 3, 2008 SEC Extends Short Sale Emergency Orders
Client Newsflash
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October 2, 2008 Delaware Court Orders Hexion to Pursue Financing of Huntsman Acquisition; Rules Huntsman Has Not Suffered an MAE
Client Newsflash
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October 1, 2008 Asia M&A / Private Equity Newsletter
Acquiring a Minority Equity Stake in a U.S. Public Company
Client Publications
September 24, 2008 Canada Treaty Amendments Affecting Private Equity Funds
Client Newsflash
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September 24, 2008 New York and SEC Move to Regulate Credit Default Swaps
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September 23, 2008 Fed Relaxes Traditional Control Rules for Private Equity and Other Minority Investments in Banks and Bank Holding Companies
Client Newsflash
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September 22, 2008 Auction Rate Securities -- Global Exemptive Relief
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September 22, 2008 New Short Sale Reporting Requirements
Client Newsflash
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September 22, 2008 SEC Amends Order Temporarily Banning Short Sales of Financial Companies to Modify Scope of Covered Securities and Expand Exemption for Derivatives Market Makers
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September 22, 2008 US Treasury Proposal Regarding Troubled Assets
Client Memorandum
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September 19, 2008 SEC Issues Order Temporarily Banning Short Sales of Public Securities of 799 Financial Companies
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September 18, 2008 Climate Change Disclosure
Environmental Update
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September 18, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
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September 18, 2008 SEC Issues New Rules on Naked Short Sales and Plans Further Actions to Combat Market Abuses
Client Newsflash
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September 8, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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September 5, 2008 Delaware Courts Reaffirm High Bar for Personal Liability of Disinterested Directors
Client Newsflash
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September 5, 2008 Private Equity Newsletter
Management Equity Arrangements in Private Equity Transactions Part I: Management's Existing, Rollover and Purchased Equity Investments
Client Publications
September 5, 2008 SEC Votes to Adopt Sweeping Amendments and Guidance to Cross-Border Rules
Client Newsflash
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September 5, 2008 White Collar Update
Client Memorandum
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September 3, 2008 Shelf Registration Statements Begin to Expire in December
Client Memorandum
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August 28, 2008 SEC Adopts Foreign Issuer Reporting Enhancement Rules and Certain Amendments to Rules Regarding the Rule 12g3-2(b) Exemption for Foreign Private Issuers
Client Newsflash
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August 28, 2008 SEC Proposes Roadmap for Use of International Financial Reporting Standards by US Issuers
Client Newsflash
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2008 Foreign Bank Acquisitions of U.S. Bank and Thrifts (Chapter 3)
Regulation of Foreign Banks and Affiliates in the United States (5th ed.)
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August 8, 2008 SEC Issues Corporate Website Guidance
Client Memorandum
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August 4, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
August 4, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
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2008 Foreign Banks as U.S. Financial Holding Companies (Chapter 10)
Regulation of Foreign Banks and Affiliates in the United States (5th ed.)
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August 1, 2008 Important Antitrust Decision: California Court of Appeal Affirms Availability of Antitrust Pass-On Defense in Clayworth - Argument for Pharmaceutical Industry Defendants Handled by Davis Polk
Client Newsflash
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August 2008 Let the Good Funds Roll: Private Equity and Banks
International Financial Law Review
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August 1, 2008 Treasury Encourages Development of Covered Bonds in the U.S. and Issues “Best Practices"
Client Memorandum
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July 30, 2008 SEC Adopts Guidance on Use of Corporate Websites
Client Newsflash
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July 21, 2008 AFSCME/CA--Delaware Supreme Court Rules Proxy Expense Reimbursement Proposal Invalid
Client Newsflash
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July 17, 2008 SEC Issues Emergency Order Restricting the "Naked" Short Selling of Fannie Mae, Freddie Mac and Certain Other Substantial Financial Firms
Client Newsflash
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July 17, 2008 SEC Issues Interpretative Letter Regarding the Cash Solicitation Rule
Client Newsflash
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July 14, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
July 9, 2008 SEC Proposes to Liberalize Exchange Act Rule 15a-6 Concerning U.S. Activities of Non-U.S. Broker-Dealers
Client Memorandum
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July 2008 Book-Entry Deposit Procedures for Certain Offerings by Non-U.S. Issuers under Section 3(c)(7) of the Investment Company Act
The Investment Lawyer
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June 26, 2008 SEC Proposes to Liberalize Exchange Act Rule 15a-6 Concerning U.S. Activities of Non-U.S. Broker-Dealers
Client Newsflash
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June 24, 2008 Climate Change: California Agency Imposes Novel Greenhouse Gas Emissions FeeClimate Change: California Agency Imposes Novel Greenhouse Gas Emissions Fee
Environmental Update
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June 24, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
6/24/2008 Insolvency and Restructuring Update
Piccadilly Cafeterias, Inc.
Client Publications
June 24, 2008 SEC Proposes New Rating Agency Rules
Client Memorandum
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June 16, 2008 Private Equity Newsletter
What Every Private Equity Professional Should Know About ERISA’s VCOC Requirements
Client Publications
June 13, 2008 Court Requires Activist Hedge Funds to Disclose Swaps in CSX
Client Newsflash
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June 9, 2008 FINRA Proposes Amendments to Supervision Rules
Client Memorandum
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June 5, 2008 Delaware Court Ruling Puts a Spotlight on Indemnification/Expense Advancement Bylaws
Client Newsflash
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June 5, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
Summer 2008 How Funds Vote on Proxy Proposals
InvestorRelationships.com
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Summer 2008 Learned: How Funds Vote on Proxy Proposals
InvestorRelationships.com
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May 28, 2008 General Counsel Update
The Consequences of Majority Voting Policies
Client Publications
May 23, 2008 FINRA Updates Options Rules, Requiring Firms to Modify Compliance and Supervisory Policies and Procedures
Client Memorandum
Client Publications
May 20, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
May 19, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
May 9, 2008 SEC Proposes Revisions to Cross-Border Rules
Client Newsflash
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Spring 2008 Pro Bono Femineo: Women-Focused Pro Bono Efforts Can Be an Essential Component of a Law Firm’s Women’s Initiatives
Women Lawyers Journal
Publications
May/June 2008 Structuring Portfolio Companies: Director Independence
Deal Lawyers
Publications
May 2008 The Fiduciary Duties of Directors of Troubled U.S. Companies: Emerging Clarity
The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2008
Publications
May/June 2008 The Spotlight on the Independence of Compensation Consultants
The Corporate Governance Advisor
Publications
April 30, 2008 FINSA Proposed Regulations
Client Memorandum
Client Publications
April 16, 2008 Delaware Case Highlights Need to Include Advance Notice for Board Nominations in Bylaws
Client Newsflash
Client Publications
April 15, 2008 2008 Early Proxy Season Roundup
Client Memorandum
Client Publications
April 14, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
April 4, 2008 Private Equity Newsletter
Post-IPO Board Independence Requirements for Portfolio Companies
Client Publications
April 2, 2008 Private Equity Newsletter
Post-IPO Board Independence Requirements for Portfolio Companies
Client Publications
April 1, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
March 31, 2008 Paulson Proposes Financial Regulatory Overhaul
Client Memorandum
Client Publications
March 26, 2008 Ramifications of a More Principles-Based FINRA Rulebook
Complinet
Publications
March 26, 2008 Regulatory Insight -- US Securities & Banking
Principles-based FINRA Rulebook
Complinet
Publications
March 24, 2008 Proposed Amendments to Regulation S-P Imposing New Compliance Burdens on Registered Broker-Dealers and Other SEC-Regulated Entities
Client Memorandum
Client Publications
March 21, 2008 FinCEN Clarifies the Obligations of Clearing Firms Under the Customer Identification Program Rule
Client Newsflash
Client Publications
March 17, 2008 Delaware Court’s Narrow Reading of CNET Bylaws Clears the Way for JANA Proxy Contest
Client Newsflash
Client Publications
March 17, 2008 Nasdaq Modifies SPAC Listing Proposal; SEC Publishes NYSE SPAC Listing Proposal for Comment
Client Newsflash
Client Publications
March 14, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
March 12, 2008 General Counsel Update
Conflicting Media Reports of CEO Compensation: A Primer
Client Publications
March 7, 2008 NYSE Files Proposal to Allow the Listing of SPACs
Client Newsflash
Client Publications
March 5, 2008 SEC Proposes New Antifraud Rule to Combat "Abusive" Naked Short Selling
Client Newsflash
Client Publications
March 1, 2008 In Focus: Ramifications of a More Principles-Based FINRA Rulebook
Complinet
Publications
February 28, 2008 Nasdaq Files Proposal to Allow Listing of SPACs
Client Newsflash
Client Publications
February 26, 2008 IRS Gives Relief on Application of New 162(m) Performance-Based Compensation Rules
Client Newsflash
Client Publications
2/22/2008 Insolvency and Restructuring Update
Johns-Manville Corporation
Client Publications
February 15, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
February 15, 2008 Private Equity Newsletter
What are the Practical Implications of the Recent Amendments to Rules 144 and 145?
Client Publications
February 15, 2008 Private Equity Newsletter
What are the Practical Implications of the Recent Amendments to Rules 144 and Rule 145?
Client Publications
February 14, 2008 Another Texas District Court Interprets Reporting Covenant and Section 314(a) of the TIA to Impose Merely a Delivery and Not a Filing Obligation
Client Newsflash
Client Publications
February 13, 2008 SEC Proposes Amendments to Form 20-F Reporting Requirements and Exchange Act Entrance Requirements
Client Newsflash
Client Publications
February 7, 2008 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
January 31, 2008 IRS Ruling Reflects Changed Position On Application of $1 M Deduction Limit on Annual Compensation to Top Executives Under Internal Revenue Code Section 162(m)
Client Newsflash
Client Publications
January 29, 2008 Revised Jurisdictional and Exemption-Related Thresholds Under the HSR Act
Client Memorandum
Client Publications
January 18, 2008 Considerations for Preparation of the 2007 Annual Report on Form 20-F and other Developments for Foreign Private Issuers
Client Memorandum
Client Publications
January 18, 2008 Considerations for Preparation of the 2007 Annual Report on Form 20-F and other Developments for Foreign Private Issuers
Client Memorandum
Client Publications
January 17, 2008 Delaware Judge Blesses Accommodation with Dissident Shareholder, but Emphasizes Need for Disclosure
Client Newsflash
Client Publications
January 16, 2008 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
January 15, 2008 U.S. Supreme Court Issues Decision in Stoneridge Investment Partners LLC v. Scientific-Atlanta
Client Newsflash
Client Publications
1/11/2008 Insolvency and Restructuring Update
American Home Mortgage
Client Publications
January 2, 2008 Delaware Court Upholds Cerberus's Right To Walk Away From URI, While Tennessee Court Orders Finish Line to Complete Acquisition of Genesco
Client Newsflash
Client Publications
January 1, 2008 CIETAC à l'épreuve de l'article 1502 CPC, note sous Paris, 1ère Ch. C, 31 janvier 2008
Revue de l'arbitrage 2008
Publications
2008 Foreign Bank Acquisitions of U.S. Banks and Thrifts
Chapter 3
Regulation of Foreign Banks and Affiliates in the United States, 5th Edition
Publications
2008 Foreign Bank Acquisitions of U.S. Banks and Thrifts
U.S. Regulation of Foreign Banks (5th Edition)
Publications
2008 Foreign Banks as U.S. Financial Holding Companies
Chapter 10
Regulation of Foreign Banks and Affiliates in the United States, 5th Edition
Publications
2008 Foreign Banks as U.S. Financial Holding Companies
U.S. Regulation of Foreign Banks (5th ed.)
Publications
2008 VEBAs Revisited
Practising Law Institute
Publications
12/14/2007 Insolvency and Restructuring Update
SDNY Bankruptcy Court Allows Substantial Post-Petition and Default Interest for an Over-Secured Lender, but Caps the Interest Claim Based on New York's Usury Law
Client Publications
December 13, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
December 11, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
December 4, 2007 General Counsel Update
Rule 10b5-1 Selling Plans: Time to Revisit Corporate Policies
Client Publications
November 6, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
November 6, 2007 Private Equity Newsletter
Guidelines for Special Committees
Client Publications
November/December 2007 Designing Stock Plans that Work in Corporate Transactions
M&A Lawyer
Publications
November 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
October 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
October 1, 2007 Regulation of Short Sales in the United States: Recent SEC Actions and Future Prospects Publications
September 7, 2007 Enhanced Scrutiny of Climate Change Disclosure
Environmental Update
Client Publications
September 1, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
September 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
August 22, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
August 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
August 2007 Top Ten Regulatory Initiatives Affecting the U.S. Equity Trading Markets
Bloomberg Law Reports
Publications
July 24, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
7/11/2007 Insolvency and Restructuring Update
Second Circuit Decision Limits the Rights of Creditors' Committees to Bring Equitable Subordination Actions Against Pre-Petition Lenders
Client Publications
July 1, 2007 Broker-Dealer Supervision: A New Paradigm
Insights (Vol. 21, No. 7)
Publications
July 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
June 29, 2007 Antitrust Update
Client Publications
6/22/2007 Insolvency and Restructuring Update
Client Publications
June 15, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
June 2007 10 Principles for Enhancing IT Control Programs
Securities Law360
Publications
June 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
2007 The Nireco Poison Pill: The Impact of a Court Injunction
Pacific Rim Law & Policy Journal
Publications
May 15, 2007 Private Equity Newsletter
Your Responsibilities as a Director of a Portfolio Company
Client Publications
May 8, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
May 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
April 12, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
April 4, 2007 Exiting the U.S. Capital Markets – The SEC’s Final Rules on Deregistration for Foreign Private Issuers
Client Memorandum
Client Publications
April 3, 2007 米国資本市場からの離脱: 海外民間発行体の登録抹消に関するSEC の最終ルール(参考和訳)
Client Publications
April 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
April 1, 2007 Suggestions for Procedural Reform in Securities Market Regulation
Brooklyn Journal of Corporate Finance and Commercial Law, Vol. 1
Publications
3/29/2007 Insolvency and Restructuring Update
Recent Second and Tenth Circuit Decisions Regarding Claims Against Pre-Petition Secured Lenders and the Validity of Such Pre-Petition Secured Lenders’ Liens
Client Publications
3/21/2007 Insolvency and Restructuring Update
Client Publications
March 2, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
March 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
February 15, 2007 Private Equity Newsletter
MAE
Client Publications
February 9, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
2007 A Brave New World - SEC Registration
International Financial Law Review
Publications
February 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
January 5, 2007 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
January 1, 2007 A (Breathless) History of American Insolvency Law
INSOL World – Silver Jubilee Edition (2007)
Publications
2007 Extended Systems with Deterministic Local Dynamics and Random Jumps
Commun. Math. Phys. 275, 709-720
Publications
January 1, 2007 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
2007 ISDAs & Prime Brokerage
Practising Law Institute
Publications
January 1, 2007 Toward a New Corporate Reorganization Paradigm
19 J. Applied Corp Finance (Vol. 4, Fall 2007)
Publications
January 1, 2007 U.S. Chapter 11 Today: A Funny Thing Happened On the Way to the Courthouse
The International Comparative Legal Guide to: Corporate Recovery and Insolvency 2007
Global Legal Group
Publications
December 7, 2006 Private Equity Funds
Go-Shop Provisions: a New Trend?
Client Publications
December 1, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
November 9, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
November 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
October 5, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
October 2006 Can You Hear Me Now? Bell Atlantic v. Twombly and the Pleading Standards for Antitrust Conspiracy Claims
The Antitrust Source
Publications
October 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
September 11, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
September 5, 2006 Private Equity Funds
Client Publications
September 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
August 4, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
August 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
July 14, 2006 Antitrust Update
Client Publications
July 13, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
July 13, 2006 Private Equity Newsletter
What Every Investor Should Know Before Acquiring a Large Stake in a Public Company
Client Publications
July 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
June 30, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
June 13, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
June 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
May 10, 2006 Private Equity Newsletter
A Fund By Any Other Name: The Convergence of Hedge Funds and Private Equity Funds
Client Publications
May 5, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
April 28, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
April 27, 2006 Antitrust Update
Client Publications
April 12, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
March 13, 2006 Antitrust Update
Client Publications
March 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
March 1, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
February 28, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
February 16, 2006 Private Equity Newsletter
Post-IPO Charter Provisions for Portfolio Companies
Client Publications
January 18, 2006 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
January 1, 2006 Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain
115 Yale L. J. 1930 (2006)
Publications
January 1, 2006 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
2006 Jurisdictional Comparisons
Securities World - Second Edition USA
Publications
2006 Trade Mark Issues in the Financial Services Industry
Trade Marks at the Limit
Publications
2006 UBTI: A Primer for Private Investment Funds
Practising Law Institute
Publications
December 15, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
December 1, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
December 2005 The First Paragraph of Section 55
Federal Law Review, Vol. 33.3
Publications
November 22, 2005 Private Equity Newsletter
Post-IPO Stockholders Agreements
Client Publications
November 9, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
November 3, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
October 13, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
September 1, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
September 1, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
August 10, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
August 1, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
July 26, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
July 1, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
June 28, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
June 7, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
May 31, 2005 Corporate Regulatory Report
A Summary of Current Regulatory Developments Affecting Publicly Listed Companies
Client Publications
May 10, 2005 Investment Management Regulatory Update
A Summary of Current Investment Management Regulatory Developments
Client Publications
May 2005 Costly U.S. Laundering Rules Must Change
International Financial Law Review
Publications
April 2005 Debtor-in-Possession Financing
The RMA Journal
Publications
January 1, 2005 A Reorganization Lawyer’s Perspective on Professor Warren’s Vanishing Trials
79 Am. Bankr. L. J. 943
Publications
2005 ERISA for Hedge Fund Managers
Practising Law Institute
Publications
2005 Europeans Put The Case For US Deregistration
International Financial Law Review
Publications
April 2004 Public Company CEO Compensation: A Review of the Recent Reforms
Tax Management Compensation Planning Journal
Publications
2004 ABA Section of Antitrust Law: State Antitrust Practice and Statutes
California and Utah chapters, 3rd ed.
Publications
2004 United States of America
Global Financial Services Regulators: The Americas
Publications
October 15, 2003 No Action, Interpretive and/or Exemptive Letter: Microsoft Corporation
Publications
February/March 2003 Structuring Hedge Funds for Benefit Plan Investors
Tax Management Compensation Planning Journal
Publications
2002 The Re-Proposed 280G Regulations
Practising Law Institute Tax Law and Practice Course Handbook Series Number J-537
Publications
Summer 2001 Revisiting the Admissibility of Expert Testimony in Antitrust Cases
15 Antitrust No. 3
Publications
2001 How To Meet The SEC's New Form 20-F Rules
International Financial Law Review
Publications
2001 The U.S. Approach to the Regulation of E-Commerce
2 Business Law International 171
Publications
May 1, 2000 Examining Executive Compensation
New York Law Journal
Publications
February 1, 2000 Federal Securities Statutes Trip Up Many – But Individual Fraud Suits Booming in State Courts
8 Securities Reform Act Litigatin Reporter 677
Publications
2000 U.S. Law Considerations Applicable to Foreign Bank Acquisitions of U.S. Banking Institutions
1 Regulation of Foreign Banks: United States and International (4th ed. 2000)
Publications
1998 United States Disclosure Standards for Banks
Asia Law Supplement
Publications
December 15, 1997 Mutual Funds Confront Dilemmas in Trying to Value Portfolios
New York Law Journal
Publications
1997 Banking and Technology
University of North Carolina Law School Banking Law Institute, Volume 1, page 37
Publications
Summer 1996 Does Daubert Raise a New Barrier to Entry For Economists?
10 Antitrust No. 3
Publications
February 26, 1996 The Private Securities Litigation Reform Act of 1995: Civil RICO Reform
PLI Conference
Publications
1996 Modernizing Securities Ownership, Transfer and Pledging Laws
Capital Markets Forum, International Bar Association
Publications
August 3, 1995 The SEC's New Rules of Pracitce
New York Law Journal
Publications
1995 Organizing Trial Materials, Chapter 3
California Trial Practice: Civil Procedure During Trial (Cal CEB 3d Ed. 1995)
Publications
February 22, 1994 The SEC Proposes New Rules of Practice
New York Law Journal
Publications
1994 Transferable Employee Stock Options—Selected Tax and Securities Law Issues
ERISA and Benefits Law Journal
Publications
December 6, 1993 Aiding and Abetting Liability in SEC Enforcement Actions
New York Law Journal
Publications
March 29, 1993 Going Concern Valuations Under The Bankruptcy Code
New York Law Journal
Publications
1993 Dealing With Difficult Opposing Counsel, Vol. 4, Issue 13
Federal Litigation Guide Reporter 393
Publications
1993 SEC Adopts New Rules on Executive Compensation
Securities & Commodities Regulation
Publications
1992 New Issues in Structuring Executive Compensation Under the Revised Section 16 Rules
ERISA and Benefits Law Journal
Publications
1938 Hand and Glove: The J.P. Morgan/Davis Polk Chronicles
Simon & Schuster Publishing House
Publications
1931 Effective U.S. Supreme Court Appearances
"How to Hone Your Powers of Persuasion"
Washington & Lee University Law Journal
Publications
1924 Turning Down Cravath for a Gig at Davis Polk
Davis Polk Partner Archives
Publications