Mayer Brown

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71 South Wacker Drive
Chicago, Illinois 60606, United States
Phone: (312) 782-0600
Practice Groups
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
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  • Government
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  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
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  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • New York
  • North Carolina
  • Texas
  • Utah
Other Countries
  • Belgium
  • Brazil
  • China
  • France
  • Germany
  • Hong Kong
  • Japan
  • Singapore
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Mexico’s 2025 Judicial Elections and Dispute Resolution

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid…more

Arbitration, Ballots, Dispute Resolution, Investors, Judges

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Direito Tributário em Destaque | Especial Reforma Tributária – Créditos na Transição

Com a proximidade da implementação das primeiras mudanças da Reforma Tributária, aprovada pela Emenda Constitucional n.º 132/2023, um dos principais temas de interesse dos contribuintes envolve a transição em relação aos…more

Brazil, Business Taxes, New Legislation, State Taxes, Tax Credits

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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Subscription Finance: Cascading Pledges

Cascading pledges are frequently used in subscription finance to avoid legal impediments, avoid tax implications and mitigate prohibited transaction risk under the Employee Retirement Income Security Act of 1974, as amended…more

Borrowers, Collateral, Credit Facilities, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC)

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Brasília em Pauta – Edição Nº 205

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de…more

Brazil, Constitutional Challenges, Data Privacy, Energy Sector, Government Agencies

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The EU Green Bond Standard

Christmas is coming early to the ESG bond market as the new EU Green Bond Standard applies from 21 December 2024. The new standard is conceptually similar to existing ICMA use of proceeds standards but quite different in…more

Capital Markets, Corporate Finance, Corporate Governance, Environmental Social & Governance (ESG), EU

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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US DOT Allocates $615 Million for EV Charging Station Networks

Allocations of $615 million in funds for electric vehicle (EV) infrastructure in the US under the National Electric Vehicle Infrastructure Formula Program (NEVI Program) moved forward with recent publications from the US…more

Automotive Industry, Charging Stations, Climate Action Plan, Department of Transportation (DOT), Electric Vehicles

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Updates to Saudi Arabia's Personal Data Protection Regulations: SCCs, Guidelines and More

As part of the latest developments regarding the personal data protection regulations in the Kingdom of Saudi Arabia ("KSA"), the Saudi Data and Artificial Intelligence Authority ("SDAIA") issued the Regulation on Personal Data…more

Data Protection, Data Transfers, International Data Transfers, Personal Data, Regulatory Oversight

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UK Supreme Court Confirms Broad Scope of Fraudulent Trading Provision Under S.213 Insolvency Act 1986

On 7 May 2025, the UK Supreme Court handed down its judgment in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2025] UKSC 18. The judgment primarily concerned the scope of s.213 Insolvency Act…more

Companies Act, Fiduciary Duty, Financial Services Industry, Fraud, Insolvency

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Children’s Online Privacy: Recent Actions by the States and the FTC

AT A GLANCE - As the digital world becomes an integral part of children's lives, state legislatures are placing greater emphasis on regulating how companies handle children’s personal information. This Legal Update explores…more

Consent, COPPA, Data Privacy, Data Protection, Federal Trade Commission (FTC)

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January 2025 - LATAM Intellectual Property & Data Protection Newsletter

Read the first 2025 edition of the Intellectual Property & Data Protection Newsletter, a publication from Tauil & Chequer Advogados in association with Mayer Brown. In this newsletter, Counsel Cristiane Manzueto and associate…more

Artificial Intelligence, Bitcoin, Copyright, Cryptocurrency, Cybersecurity

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Novas Regras para Homologação e Operação dos Sistemas Free Flow nas Rodovias Brasileiras

A Portaria Senatran nº 442/2025, publicada em 12 de junho de 2025, estabelece os procedimentos obrigatórios para homologação e interoperabilidade de sistemas de livre passagem (free flow) em rodovias de todo o território…more

Brazil, Highways, New Regulations, Penalties, Regulatory Oversight

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20 Years of Sarbanes-Oxley

On July 27, 2022, SEC Chair Gary Gensler gave remarks at the Center for Audit Quality entitled “Sarbanes-Oxley at 20: The Work Ahead.” Chair Gensler highlighted, among other things, impacts on auditing standards, accounting…more

Audits, Corporate Governance, New Guidance, PCAOB, Sarbanes-Oxley

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Unleashing American Energy Executive Order: Impact on Carbon Capture

AT A GLANCE - The Trump Administration issued the “Unleashing American Energy” Executive Order (EO) on January 20, 2025, which, among other matters,…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Energy Policy

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UK Election Bulletin: What would a Labour government mean for businesses?

Overview - On 22 May 2024, UK Prime Minister Rishi Sunak announced that he had requested permission from King Charles III to dissolve parliament and call a general election. The election will take place on 4 July 2024…more

Competition, Corporate Taxes, Employee Rights, Energy Policy, Financial Regulatory Reform

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Antitrust Risk in a New Regulatory Climate

The recent change in leaders in both the United States and Europe has already had a notable impact on the antitrust landscape. Rules are changing—or, at least, their enforcement is taking more novel interpretations—against a…more

Acquisitions, Big Tech, Department of Justice (DOJ), Enforcement Actions, European Commission

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Novel Coronavirus (COVID-19): Considerations in M&A Due Diligence

Virtual Due Diligence Capabilities - As a general matter, the parties in an M&A transaction need to consider whether the target company has established sufficient protocols to enable due diligence to be conducted entirely…more

Acquisition Agreements, Coronavirus/COVID-19, Data Privacy, Due Diligence, Employee Benefits

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Delaware Changes Its Corporate Law: What Litigators and Clients Need To Know About Senate Bill 21

On March 25, Delaware Governor Matt Meyer enacted a sweeping reform of the state’s corporate law, signing Senate Bill 21 into effect. The bill, which received bipartisan support in the legislature, aims to attract and retain…more

Board of Directors, Books & Records, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Securitization – What to Expect in 2024

Please join Mayer Brown partners Tameem Zainulbhai, Joanna Nicholas, Melissa Kilcoyne, Evan DeCresce and Jim Antonopoulos for a discussion on What to Expect in 2024 in the fields of structured finance and securitization. They…more

Capital Markets, Financial Services Industry, Global Dealmaking, Global Market, Investors

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Country Classification, Updated FAQ and Guidance, Draft Delegated Regulation: EUDR Compliance Made Easier?

On 22 May 2025, the European Commission (“Commission”) made public risk classification of countries under the EU Deforestation Regulation (“EUDR”)1 which assigned a low level of risk to 140 countries and high level of risk to 4…more

Compliance, Due Diligence, Environmental Social & Governance (ESG), EU, European Commission

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Final FTC Rule Enacts Fundamental Changes to HSR; Will Complicate Merger Filings

On October 10, 2024, the Federal Trade Commission (FTC) published its Final Rule enacting changes to the Hart-Scott-Rodino Act (HSR Act) premerger notification rules. The Final Rule will usher in the most significant changes to…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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EBA publishes its report on the creation of an STS framework for synthetic securitisations

Introduction - The European Banking Authority (the “EBA”) has recently published its report on the feasibility of a framework for simple, transparent and standardised (“STS”) synthetic securitisations (the “EBA Report”). The…more

Capital Requirements Regulation (CRR), EU, European Banking Authority (EBA), European Securities and Markets Authority (ESMA), Financial Markets

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AIFMD II – What EU and non-EU fund managers need to know

In order to harmonize the regulatory framework governing the European fund market, the European Commission has revised the existing Alternative Investment Fund Manager Directive – Directive 2011/61/EU (the "AIFMD"), with the…more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Alternative Investment Funds, EU, European Commission

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GenAI Contracting Revisited – What’s New?

In this episode, we revisit the ever-shifting landscape of Generative Artificial Intelligence (GenAI), a topic which has continued to captivate the tech world since our discussion a year ago. With GenAI at the forefront of the…more

Artificial Intelligence, Contract Drafting, Innovative Technology, Intellectual Property Protection, Machine Learning

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Lost in Translation: The Doctrine of Foreign Equivalents in Trademark Law

In this episode of The Upper Brand, Kristine Young and Rich Assmus discuss the recent Federal Circuit case regarding the doctrine of foreign equivalents in trademark law. They explore the concepts of descriptiveness and…more

Appeals, CAFC, Descriptive Trademarks, Intellectual Property Litigation, Lanham Act

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CPUC Authorizes Procurement of 10.6 GW of Clean Energy Resources Under AB 1373

The California Public Utilities Commission (CPUC) issued a decision on August 22, 2024, authorizing the Department of Water Resources (DWR) to procure up to 10.6 gigawatts (GW) of clean energy resources, including up to 7.6 GW…more

California, Clean Energy, CPUC, Department of Water Resources, Energy Projects

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Arbitration Act 2025 | Part 3: What Did Not Change?

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series…more

Anti-Corruption, Appeals, Arbitration, Arbitrators, Dispute Resolution

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IRS Annual Limits for Benefit Plans: 2025 Cost of Living Adjustments

The US Internal Revenue Service (IRS) has released its 2025 cost-of-living adjustments applicable to employee benefit plans. A year-to-year comparison of limitations is below…more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

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SEC Adopts Amendments for Reporting Beneficial Ownership on Schedules 13D and 13G

On October 10, 2023, the U.S. Securities and Exchange Commission (the “SEC”) adopted changes to Schedules 13D and 13G relating to beneficial ownership reports (the “Amendments”). The Amendments are intended to modernize the…more

Beneficial Owner, EDGAR, Final Rules, New Regulations, Publicly-Traded Companies

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That’s the Ticket? Plaintiffs’ Lawyers Target Ticketing Service Fees in New York

Plaintiffs’ counsel have launched a wave of lawsuits against New York venues and ticket platforms, invoking a recently-enacted provision of New York’s Arts and Cultural Affairs Law. According to these lawsuits, these businesses…more

Disclosure Requirements, Entertainment Industry, Entertainment Venues, Event Tickets, Fees

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New Jersey Delays Its Next Offshore Wind Solicitation for Transmission Planning

The New Jersey Board of Public Utilities (NJBPU) announced that its third solicitation with a capacity target of 1,200 megawatts for New Jersey’s offshore wind (OSW) development will now be released by January 2023, instead of…more

Clean Energy, Electric Generation Suppliers, Electricity, Energy Policy, Energy Projects

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CHNV Parole Cancelled: What the Rollback Means for Employers

The recent termination of the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) by the Department of Homeland Security (DHS) has significant implications for US employers. As DHS revokes work permits…more

Department of Homeland Security (DHS), E-Verify, Employees, Executive Orders, Foreign Workers

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What Are the Top 10 Things You Need to Know About UK CBAM?

The UK government is currently consulting on draft primary legislation establishing a UK Carbon Border Adjustment Mechanism (“CBAM”), which is set to come into force from 1 January 2027 …more

Carbon Emissions, Compliance, Greenhouse Gas Emissions, HMRC, Imports

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Lifting of Sanctions on Syria by the United States, European Union, and United Kingdom

In recent weeks, the United States, European Union, and United Kingdom have taken significant steps to relax of their sanctions on Syria, paving the way for long-awaited normalization of commercial relations and reconstruction…more

Economic Sanctions, EU, Financial Institutions, Gulf Cooperation Council (GCC), International Trade

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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Sustainable Commercial Paper: Short-Term Paper, Long-Term Impact

Over the past few years, we have seen growing interest in Commercial Paper (CP) programmes with a sustainable focus. Traditionally used by corporations, financial institutions, sovereigns, and other issuers for short-term…more

Capital Markets, Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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From Extraction to Smelting: President Trump Issues Executive Order Aiming to Increase American Mineral Production

Those in the critical minerals industry have been waiting to see what President Donald Trump’s next move would be after his “Unleashing American Energy” Executive Order on January 20, 2025 (the “January Executive Order”), last’s…more

Energy Policy, Executive Orders, Minerals, Mining, National Security

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Convertible Bonds: An Issuer’s Guide (2025)

Introduction - Convertible bonds are, customarily, fixed rate debt instruments issued by a company (the “issuer”), the terms of which allow the holders of the bonds to convert them into ordinary shares (common stock) of the…more

Bonds, Capital Markets, Convertible Bonds, Financial Instruments, Investment

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Russia/Ukraine Sanctions Update - Month of May 2025

I. U.S. Sanctions - President Trump Threatens Sanctions on Russia Following Drone Attack on Ukraine: On May 28, Bloomberg reported that President Trump said he was “‘absolutely’ considering new sanctions against Russia as…more

Economic Sanctions, EU, Export Controls, Foreign Policy, HM Treasury

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Congress Proposes a ‘Big Stick’ to Target Discriminatory Tax Measures

At the onset of its second term, the Trump Administration made clear that the United States opposed the current status of the design and implementation of the Global Anti-Base Erosion Model Rules, (“GloBE” or “Pillar 2”)…more

Corporate Taxes, International Tax Issues, OECD, Proposed Legislation, Tax Policy

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Novas Regras para Homologação e Operação dos Sistemas Free Flow nas Rodovias Brasileiras

A Portaria Senatran nº 442/2025, publicada em 12 de junho de 2025, estabelece os procedimentos obrigatórios para homologação e interoperabilidade de sistemas de livre passagem (free flow) em rodovias de todo o território…more

Brazil, Highways, New Regulations, Penalties, Regulatory Oversight

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Next Steps for Companies that Filed CTA Reports

Millions of reporting companies breathed a sigh of relief on March 21, 2025, when the US Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule (the “IFR”) that exempted all domestic entities from…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Counsel, Corporate Transparency Act

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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Exploring the Unexpected and Often Unwelcome Federal Income Tax Consequences of Debt Modifications

As a number of debt instruments issued several years ago in a relatively low interest rate environment now have their maturity date approaching in a much higher interest rate environment, borrowers are increasingly seeking to…more

Borrowers, Cancellation of Debt (COD), Debt Instruments, Financial Institutions, Financial Services Industry

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1% Stock Buyback Tax: US Treasury, IRS Release Proposed Regulations

On April 9, 2024, the US Department of the Treasury and the Internal Revenue Service issued long-awaited proposed regulations under Section 4501 of the Internal Revenue Code (the “Code”) regarding the 1% stock buyback excise tax…more

Excise Tax, Internal Revenue Code (IRC), IRS, Share Buybacks, U.S. Treasury

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CFPB Finalizes Long-Awaited Rule to Accelerate Open Banking Development; Immediately Sued

On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized a rulemaking on Personal Financial Data Rights (the “Final Rule”). The Final Rule is intended to accelerate a shift towards open banking in the…more

Banks, Consumer Data Requests, Consumer Financial Protection Bureau (CFPB), Data Management, Dodd-Frank

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Cybersecurity in the Financial Sector: EU’s Digital Operational Resilience Act Takes Effect

Beginning 17 January 2025, the Digital Operational Resilience Act (DORA) will apply to almost all EU financial entities, including banks, insurers and reinsurers, brokers , payment and electronic money institutions, investment…more

Cryptoassets, Cybersecurity, Data Security, Digital Operational Resilience Act (DORA), EU

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A Primer on the Budget Reconciliation Process

As we await the outcome of the upcoming US elections, we know that whoever controls the White House and Congress will confront one of the biggest tax debates in US history in 2025. It is possible that one party wins full…more

Budget Reconciliation, Federal Budget, Legislative Agendas, Presidential Elections, Public Policy

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Testing times for the "Supplier of Last Resort" regime as UK gas prices continue to rise

Kwasi Kwarteng, UK Business and Energy Secretary is reported to have said on 20 September that “My task is to ensure that any energy supplier failures cause the least amount of disruption to consumers”…more

Gas Prices, Infrastructure, Oil & Gas, Suppliers, Supply Chain

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English Court Rules on Conflicting Jurisdiction and Arbitration Clauses

The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a…more

Arbitration, Arbitration Agreements, Breach of Contract, Commercial Litigation, Contract Terms

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ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of preventing…more

Administrative Procedure Act, Compliance, Energy Sector, Government Agencies, Hazardous Substances

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Alaska Joins California in Requiring Cancer Warning Signs for Alcohol Sales

Under a bill that became law on April 25, Alaska bars and liquor stores will now be required to post signage warning of alcohol’s alleged link to colon and breast cancer. Set to take effect on August 1, this marks the first time…more

Alaska, California, Cancer, New Legislation, Public Health

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Biden Signs Far-Reaching Executive Order Setting Forth Climate Change Priorities

On January 27, 2021, President Biden signed Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (the “Order”). The Order sets forth the Biden administration’s policies to address climate change through both…more

Biden Administration, Climate Change, Energy Projects, Environmental Policies, Executive Orders

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SEC Disclosure Considerations Following Bank Sector Disruptions

Recent failures of certain domestic and international banks and resulting government intervention, acquisitions and subsequent developments have resulted in significant disruption in the bank sector. Compliance with U.S…more

Banking Crisis, Business Disruption, Form 10-K, Form 10-Q, Form 8-K

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REVERSEinquiries Newsletter, Volume 6, Issue 1 - July 1 2025

An Overview of Which Market Disruption Events to Include for the Most Common Asset Classes under a Medium-Term Note Program - A movie scene showing a day in the life of a calculation agent would likely not survive the cutting…more

Asset Management, Capital Markets, Contract Terms, ETFs, Financial Industry Regulatory Authority (FINRA)

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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UK Regulatory Update - Asset Management Sector - Quarterly Newsletter Q1 2025

Mayer Brown’s UK Regulatory Update is a quarterly newsletter for the asset management sector. In this edition, covering Q1 2025, we look at consultations relating to the UK AIFMD framework, reporting and notification…more

Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Capital Markets, Consultation, Financial Conduct Authority (FCA)

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SEC Adopts Climate Change Disclosure Rules Applicable To Public Companies And Offerings

The Securities and Exchange Commission (the “SEC”) has adopted new rules that require public companies to disclose substantial information about the material impacts of climate-related risks on their business, financial…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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ESCs in Fund Employee Co-Investment Loan Programs

EXECUTIVE SUMMARY - Fund sponsors may offer their employees and other investment professionals an opportunity to invest in its funds through a co-investment program, which a lender may partially finance…more

Employees, Fund Sponsors, Investment, Investment Company Act of 1940, Investment Funds

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MMA Opens Public Consultation on Regulation of the National Policy on Payment for Environmental Services

Brazil’s Ministry of the Environment and Climate Change (MMA) has launched a public consultation on the draft decree intended to regulate Law No. 14,119/2021, which established the National Policy on Payment for Environmental…more

Brazil, Environmental Justice, Environmental Policies, Government Agencies, New Regulations

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In Another Reversal, the CFPB Dismisses Case Against National Collegiate Student Loan Trusts

On April 28, 2025, the District Court for the District of Delaware granted a joint motion to dismiss with prejudice a lawsuit brought by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) against the National…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank, Enforcement Actions, Financial Institutions

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SEC Releases New and Revised C&DIs on Pay Versus Performance Disclosures

On September 27, 2023, the staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance released nine new Compliance and Disclosure Interpretations (“C&DIs”) to clarify the pay versus performance…more

C&DIs, Corporate Governance, Disclosure Requirements, New Guidance, Non-GAAP Financial Measures

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ESMA Publishes Final Report on Changes to MAR Inside Information Disclosure Rules

On 7 May 2025, the European Securities and Markets Authority (ESMA) published its Final Report on, among other things, technical advice concerning EU Market Abuse Regulation (MAR) provisions that have been amended pursuant to…more

Capital Markets, Disclosure Requirements, EU, European Commission, European Securities and Markets Authority (ESMA)

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SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part

On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate…more

Blockchain, Commodities, Cryptoassets, Cryptocurrency, Digital Assets

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US Banking Regulators Propose Enhanced Supplementary Leverage Ratio Reform

Last week, the US federal banking regulators proposed changes to the enhanced supplementary leverage ratio (“eSLR”) requirement for US global systemically important bank holding companies (“US GSIBs”) (the “Proposal”)…more

Banking Regulators, Banking Sector, Basel III, Capital Markets, Capital Requirements

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CGU’s New Integrity Program Guideline for Private Companies

On October 15, 2024, the Brazilian Office of the Comptroller General (Controladoria-Geral da União or “CGU”) published Volume II of its Integrity Program Guideline for Private Companies (“Manual Programa de Integridade:…more

Anti-Corruption, Brazil, Business Operations, Business Ownership, Corporate Culture

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US DOJ Provides Details About Its Whistleblower Pilot Program in Practice and More US Attorneys’ Offices Launch Their Own Programs

On September 17, 2024, senior officials from the US Department of Justice (DOJ) gave comments offering insight into its new Corporate Whistleblower Awards Pilot Program (“Pilot Program”) as it has operated in practice so far…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs, Whistleblower Protection Policies

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Stop Press – Government Will Act in Light of the Virgin Media Ruling

The government has announced that it will pass legislation to give pension schemes affected by the Virgin Media ruling the power to obtain retrospective actuarial confirmation that historic changes to contracted-out benefits met…more

Employee Benefits, Pensions, Proposed Legislation, Retirement Plan, UK

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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SEC Proposes Amendments to Form PF and Enhanced Reporting for Private Fund Advisers

On January 26, 2022, the US Securities and Exchange Commission (SEC) voted to propose amendments to Form PF in order to enhance the reporting requirements and obligations of certain registered investment advisers to private…more

Comment Period, Financial Regulatory Reform, Form PF, Investment Adviser, Private Funds

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Debt Collection During and After the Pandemic: Do Certain US Legislators and Agencies Seek a Debt Collection Ice Age?

As the COVID-19 pandemic rages on, state and federal lawmakers have taken aggressive measures to protect the health and economic security of their citizens, including legislative and regulatory measures limiting or proposing to…more

Coronavirus/COVID-19, Credit Reports, Debt Collection, Eviction, Financial Services Industry

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Insight: The EU Green Bond Standard

The Council of the European Union and the European Parliament announced, on 28 February 2023, that provisional agreement on the European Green Bond Standard (the EU GBS and the Regulation) had been reached. More recently the…more

Capital Markets, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA), Green Bonds

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Mexican Reform Regarding Electronic Negotiable Instruments

On March 26, 2024, the President of Mexico published the reform passed by the Mexican Congress to the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito, “LGTOC”), and…more

Consumer Financial Products, Credit, Financial Institutions, Financial Instruments, Financial Services Industry

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Measure ULA Update: Reported Revenue, Applicability to Foreclosures and Legal Challenges

In a February Legal Update, we analyzed the Taxpayer Protection and Government Accountability Act (the “Taxpayer Protection Act” or the “Act”), a statewide California ballot initiative that could potentially repeal the “mansion…more

Ballot Measures, California, City of Los Angeles, High Net-Worth, Real Estate Transactions

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Founder Friendly Funding: The State of the Venture Markets

Based on data in Carta’s recently published State of the Markets report, the venture markets have experienced a slight uptick in number of deals and in dollars raised quarter-over-quarter. Companies on Carta’s platform completed…more

Capital Markets, Investment, Investment Funds, Investment Portfolios, Investors

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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REITs’ Clean Energy Tax Credits Transfer Options Under IRA Clarified in Final Regulations

On April 25, 2024, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations (T.D. 9993) (the “final regulations”) concerning the election to transfer certain tax credits…more

Clean Energy, Final Rules, Internal Revenue Code (IRC), IRS, REIT

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Understanding How ‘Course of Performance’ Principles Impact Financings

EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle is…more

Borrowers, Breach of Contract, Contract Disputes, Contract Interpretation, Contract Terms

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Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial Decisions

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The matter…more

Appeals, Brazil, Judicial Authority, Statute of Limitations, Tax Credits

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Subscription Finance: Cascading Pledges

Cascading pledges are frequently used in subscription finance to avoid legal impediments, avoid tax implications and mitigate prohibited transaction risk under the Employee Retirement Income Security Act of 1974, as amended…more

Borrowers, Collateral, Credit Facilities, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC)

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Big Firms, Be Careful What You Say: First UK Competition Disparagement Decision Puts Large Companies On Notice

OVERVIEW - The UK Competition and Markets Authority (“CMA”) has recently published a decision accepting commitments from Vifor Pharma (“Vifor”). This brings to a close an unprecedented abuse of dominance investigation based…more

Abuse of Dominance, Antitrust Violations, Competition Authorities, Disparagement, Enforcement Actions

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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Delaware Chancery Court Invalidates Common Stockholder Agreement Provisions

In the recent decision West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that certain provisions of a stockholder agreement contravened…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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SIFMA and Other Industry Groups Petition SEC for Recission of Cybersecurity Disclosure Requirement

In late May 2025, the Securities Industry and Financial Markets Association (SIFMA), together with the American Bankers Association, Bank Policy Institute, Independent Community Bankers of America, and Institute of International…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Financial Institutions, Financial Services Industry

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Liquidity Covenants To The Fore

WHAT IS A LIQUIDITY COVENANT AND WHY IS IT INTRODUCED? A liquidity covenant is a requirement for a business to maintain a minimum amount of available cash on a balance sheet. Originally Published in Butterworths Journal…more

Balance Sheets, EBITDA, Financial Institutions, Lenders, Liquidity

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(A)Identify Yourself: State Bills Would Require Notification When Interacting with AI

As the communication capabilities of artificial intelligence (“AI”)-powered chatbots and automated voice assistants (“callbots”) improve, it is becoming increasingly difficult to tell human from machine. At the same time,…more

Artificial Intelligence, Bots, Consumer Protection Laws, Disclosure Requirements, New Legislation

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The OPEN Initiative: an Employment Lawyer's Perspective on Diversity, Equity & Inclusion

In this episode of OPEN Talks, our diversity, equity and inclusion podcast series, we swap perspectives, with Miriam Bruce, Partner in the London Employment Group, interviewing Louise Fernandes-Owen, Global Knowledge Counsel for…more

Compensation & Benefits, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Employee Incentive Plans

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Supreme Court Clarifies Scope of Federal Fraud Statutes: Deception Alone Can Support Wire Fraud Convictions

Overview - On May 22, 2025, the US Supreme Court issued a unanimous decision in Kousisis v. United States, providing clarity on the scope of the federal wire fraud statute, 18 U.S.C. § 1343. In a opinion authored by Justice…more

Construction Industry, Criminal Prosecution, Department of Justice (DOJ), Fraudulent Inducement, Material Misrepresentation

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US Treasury Releases Final Regulations Addressing Domestic Control Determinations Under FIRPTA

On April 24, 2024, the Treasury Department and the IRS released final regulations under Section 897 that change the rules for determining whether qualified investment entities (QIEs) are domestically controlled under the Foreign…more

C-Corporation, FIRPTA, Foreign Ownership, Internal Revenue Code (IRC), IRS

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STJ define que decisões sobre indisponibilidade de bens podem ser revistas

Em recente julgamento sob o rito dos recursos repetitivos, a Primeira Seção do Superior Tribunal de Justiça (STJ) concluiu que, nas ações de improbidade administrativa, é possível revisitar e eventualmente modificar decisões…more

Administrative Agencies, Administrative Appeals, Appeals, Asset Freeze, Brazil

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Alaska Joins California in Requiring Cancer Warning Signs for Alcohol Sales

Under a bill that became law on April 25, Alaska bars and liquor stores will now be required to post signage warning of alcohol’s alleged link to colon and breast cancer. Set to take effect on August 1, this marks the first time…more

Alaska, California, Cancer, New Legislation, Public Health

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The Spectrum of Loan Portfolio Backleverage Options: A Primer for Private Credit Funds

EXECUTIVE SUMMARY - There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by…more

Capital Markets, Collateral, Credit, Credit Funds, Debt

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Home Equity Investment (HEI) Contracts

In this podcast episode, partner Holly Bunting discusses the evolving regulatory landscape for home equity investment (HEI) contracts, which have gained popularity as an alternative to traditional home equity lines of credit…more

Lenders, Mortgages, Real Estate Investments, Real Estate Transactions, Regulatory Requirements

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US SEC Welcomes Public Input on Climate Change Disclosures

In another step toward the integration of climate factors into the US corporate disclosure landscape, Acting Chair of the US Securities and Exchange Commission (SEC), Allison Herren Lee, issued a request for public input on…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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Infocast’s Wind Finance & Investment Summit Soundbites

Here are soundbites from panelists who spoke at Infocast’s Wind Finance & Investment Summit on February 6 and 7 in Carlsbad, CA. The attendance at the event appeared strong, and the mood was generally optimistic…more

Commercial Bankruptcy, Energy Projects, Energy Storage, Investment Opportunities, PG&E

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between arbitration…more

Arbitration, Arbitration Agreements, Contractors, Court of Cassation, Dispute Resolution

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"Game-Changing" Pensions Reform – The Pension Schemes Bill is Published

The long-awaited Pension Schemes Bill has been laid before Parliament. Described by the government as a "game changer", it aims to increase members' pension pots and deliver a £50 billion investment into the UK economy. The…more

Employee Benefits, Fiduciary Duty, Financial Regulatory Reform, Investment, New Legislation

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Public Consultation on Proposed NDRC Rules Supporting Foreign Debt Issuance by High-Quality Enterprises

On 14 March 2024, China’s National Development and Reform and Commission (NDRC) issued a consultation paper soliciting public comments on its proposed rules providing support for the incurrence of the medium- and long-term…more

Bonds, Business Entities, China, Credit Ratings, Foreign Debt

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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Proposed Nasdaq Rules May Raise Additional Difficulties for Companies in Emerging Markets

On June 8 and 12, 2020, the Securities and Exchange Commission had published in the Federal Register for comment several rule proposals from Nasdaq Stock Market LLC (“Nasdaq”) that would apply to companies whose principal…more

Capital Markets, Emerging Markets, Listing Standards, Nasdaq, Publicly-Traded Companies

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Alaska Joins California in Requiring Cancer Warning Signs for Alcohol Sales

Under a bill that became law on April 25, Alaska bars and liquor stores will now be required to post signage warning of alcohol’s alleged link to colon and breast cancer. Set to take effect on August 1, this marks the first time…more

Alaska, California, Cancer, New Legislation, Public Health

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CVM edita mais uma norma sobre divulgação de informação acerca de práticas de apoio à diversidade e inclusão por companhias abertas

A Comissão de Valores Mobiliários (“CVM”) editou, na data de ontem (01.02.2024), a Resolução CVM nº 198 (“Resolução CVM 198”), que altera de forma pontual a Resolução CVM nº 80 (“Resolução CVM 80”) para incluir campo específico…more

Brazil, Capital Markets, Corporate Issuers, Diversity and Inclusion Standards (D&I), Publicly-Traded Companies

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B3 divulga aditamento ao edital de audiência restrita para aprovação do regulamento do Novo Mercado com mudança no processo de votação do Regulamento Base

A B3 S.A. – Brasil, Bolsa, Balcão (B3) divulgou ontem, dia 29 de maio de 2025, um aditamento ao Edital de Audiência Restrita nº 01/2025 – DIE (Edital), que permite a participação das companhias listadas no Novo Mercado na…more

Brazil, Capital Markets, Corporate Governance, Publicly-Traded Companies, Regulatory Requirements

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US Offshore Wind Development: 2021 Year in Review and Looking Ahead

The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are…more

Biden Administration, BOEM, Economic Development, Electric Generation Suppliers, Energy Policy

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STF Establishes Non-Incidence of ISS on Commissioned Manufacturing Activities

The Brazilian Supreme Court (STF) decided that the Tax on Services’ (ISS) non-levy on toll commissioned manufacturing activities, whenever these activities refer to the intermediary activities of a production cycle. The decision…more

Brazil, Constitutional Challenges, Corporate Taxes, Manufacturers, Regulatory Reform

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Our Views on the Proposed FASB and IFRS Payables Reporting Rules

In December 2021 the Financial Accounting Standards Board (“FASB”) and the International Accounting Standards Board (“IASB”) released their proposed amendments to their accounting standards that will require buyers of…more

Accounting Standards, Deadlines, FASB, Financial Reporting, Financial Statements

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Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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SEC Adopts Climate Change Disclosure Rules Applicable To Public Companies And Offerings

The Securities and Exchange Commission (the “SEC”) has adopted new rules that require public companies to disclose substantial information about the material impacts of climate-related risks on their business, financial…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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IRS Annual Limits for Benefit Plans: 2025 Cost of Living Adjustments

The US Internal Revenue Service (IRS) has released its 2025 cost-of-living adjustments applicable to employee benefit plans. A year-to-year comparison of limitations is below…more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

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CVM Abre Consulta Pública para Discutir o Aprimoramento das Regras de Divulgação de Informações ao Mercado por Companhias Abertas

A Comissão de Valores Mobiliários (CVM) divulgou, em 13 de maio de 2025, o Edital de Consulta Pública SDM n.º 01/25 (Edital), que submete à apreciação do mercado proposta de substituição integral da Resolução CVM n.º 44/21,…more

Brazil, Comment Period, Disclosure Requirements, Government Agencies, Investors

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UK-India Free Trade Agreement: A New Era for Bilateral Trade and Investment

The May 6, 2025 conclusion of the UK-India Free Trade Agreement (the “FTA”) marks a defining moment in the economic and strategic partnership between India and the United Kingdom…more

Anti-Corruption, Corporate Counsel, Foreign Investment, Free Trade Agreements, India

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New California Anti-Greenwashing Law Goes Live on January 1, 2024 – What you need to know if you make certain “green” claims.

California recently passed the Voluntary Carbon Market Disclosures Act (AB 1305) (VCMDA). The new “anti-greenwashing” law is one of the first laws in the U.S. to not only regulate the voluntary carbon market, but also require…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Greenwashing

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Recovery of VAT on DB Pension Scheme Investment Costs – New HMRC Policy

HMRC has announced a new policy on the recovery by employers of VAT charged on investment services provided to their DB pension schemes. Until 18 June 2025, the extent to which an employer could recover any VAT paid on…more

Employee Benefits, HMRC, Investment, New Guidance, Pensions

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Key House Committee Chairs Release Draft Bill on Digital Asset Market Structure: Bill Would Establish CFTC/SEC Regulatory Authorities for Digital Assets and Codify DeFi Boundaries

On May 5, 2025, the Republican committee chairs in the US House of Representatives with jurisdiction over digital asset legislation released a digital asset market structure discussion draft bill (the “Discussion Draft”). The…more

Asset Management, Blockchain, CFTC, Cryptocurrency, Decentralized Finance (DeFi)

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SEC Issues Concept Release on Definition of Foreign Private Issuer

On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the current…more

Capital Formation, Capital Markets, Financial Markets, Foreign Private Issuers, Regulatory Reform

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STF Establishes Non-Incidence of ISS on Commissioned Manufacturing Activities

The Brazilian Supreme Court (STF) decided that the Tax on Services’ (ISS) non-levy on toll commissioned manufacturing activities, whenever these activities refer to the intermediary activities of a production cycle. The decision…more

Brazil, Constitutional Challenges, Corporate Taxes, Manufacturers, Regulatory Reform

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ICMS Levy in the Transfer of Goods: STF Concludes Trial on Theme 1,367 of General Repercussion and Effects of Modulation of ADC 49 Decision

On February 4, 2025, and by unanimous vote, the Brazilian Supreme Court’s (STF) Plenary confirmed that the non-levy of ICMS will only apply from the 2024 fiscal year, with the exception of administrative and judicial proceedings…more

Brazil, Constitutional Challenges, State Taxes, Tax Court, Tax Liability

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Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial Decisions

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The matter…more

Appeals, Brazil, Judicial Authority, Statute of Limitations, Tax Credits

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The Supreme Court Continues Its Recent Trend of Rejecting DOJ’s Broad Reading of Federal Criminal Law in Thompson v. United States

On March 21, 2025, the Supreme Court continued its push back on an expansive reading of the federal criminal laws involving fraud and corruption by overturning the false statement conviction of Patrick Daley Thompson. In a…more

Banking Sector, Criminal Prosecution, Department of Justice (DOJ), False Statements, Financial Crimes

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Resolução CVM 226 entra em vigor com modernizações do Marco Legal das Garantias

AT A GLANCE - A Resolução CVM 226, em vigor desde 10 de março de 2025, incorpora modernizações trazidas pelo Marco Legal das Garantias, revogando a necessidade de registro da escritura de emissão de debêntures em juntas…more

Brazil, Capital Markets, Compliance, Corporate Governance, Disclosure Requirements

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2023 Trends for Technology Transactions

As 2023 begins, we are coming off many years of fast and frothy innovation with a great deal of new complexity in both products and business models. We now face a downturn. Prominent companies across the economy are announcing…more

Artificial Intelligence, Cloud Service Providers (CSPs), Cost-Savings, Digital Platforms, Economic Downturn

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UK Supreme Court Grants Permission to Appeal Landmark Case on Motor Finance Commission Payments and Disclosure Thresholds

Last week the Supreme Court granted permission to appeal the Court of Appeal's decision in a case examining the permissibility of motor finance commission payments, which challenged traditional legal thinking relating to…more

Broker Commissions, Consumer Financial Products, Consumer Lenders, Financial Conduct Authority (FCA), Financial Institutions

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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Updates and Summary of the Evolving Executive Federal Funding Freeze

On January 20, 2025, President Donald Trump signed several executive orders pausing several federal funding streams while the Trump Administration evaluates whether covered government financial assistance aligns with the…more

Department of Justice (DOJ), Department of Labor (DOL), Department of Transportation (DOT), Executive Orders, Federal Funding

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Insurance Technology and Innovation: Meeting Consumer Demands

The way consumers purchase goods and services is rapidly changing, and insurance is no exception. AI, advanced analytics, smart devices and other technologies are enabling new capabilities, and insurance companies, together with…more

Consumer Insurance Products, Innovation, Insurance Contracts, Insurance Industry, Insurtech

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US – Storing CO2 And Lowering Emissions (SCALE) Act

On March 17, 2021, U.S. Senators Chris Coons (D-Del.) and Bill Cassidy, M.D. (R-La.) and U.S. Representatives Marc Veasey (D-Texas) and David McKinley (R-W.Va.) introduced the Storing CO2 And Lowering Emissions (SCALE) Act…more

Carbon Capture and Sequestration, Energy Policy, Energy Reform, Federal Funding, Legislative Agendas

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Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Irrevocable Payment Undertakings and Buyer-Led Supply Chain Finance; Mass Confusion Abounds

Many supply chain finance programs are structured on what is called a “buyer-led” or “buyer-focused” basis. In certain of these types of programs, although the bank or other financier providing the program (the “Finance…more

Financing, Goods or Services, Payment Terms, Structured Finance, Suppliers

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I Shall (Not) Be Released: With Purdue Pharma Decision, US Supreme Court Remakes Chapter 11 Landscape

They say every man needs protection, they say that every man must fall. For over 40 years, “the bankruptcy community has recognized the resolution of mass tort claims as a widely accepted core function of bankruptcy courts,” and…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Complex Litigation, Creditors

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Employment Investigations Checklist

In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be…more

Confidentiality Agreements, Data Privacy, Employee Misconduct, Employee Rights, Employer Responsibilities

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Employment Investigations Checklist

In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be…more

Confidentiality Agreements, Data Privacy, Employee Misconduct, Employee Rights, Employer Responsibilities

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On point. – Real Estate Investment Trusts (REITs)

Real estate investment trusts (“REITs”) are professionally managed companies that invest in real estate, mortgages and real estaterelated assets on behalf of their investors. Established in 1960, REITs were designed to…more

Capital Gains, Capital Markets, Capital Raising, Distribution Rules, Initial Public Offering (IPO)

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UK Government consults stakeholders on changes to UK REACH

On 16 May 2024, the UK Government launched an open consultation seeking stakeholders' views on various government proposals and policy options aimed at facilitating the transition of companies from EU REACH to UK REACH, and…more

Hazardous Substances, Imports, Manufacturers, Registration Requirement, Regulatory Requirements

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Data Center Projects in Asia - Recent Trends, Key Risks, and Mitigation Strategies

GROWING DEMAND FOR DATA CENTERS - As many involved in Asian infrastructure today will testify, Asia’s digital transformation is fueling an unprecedented demand for data centers…more

Asia, Construction Project, Data Centers, Electricity, Energy Efficiency

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Recent Developments in Delaware Officer Exculpation Charter Amendments

Key Takeaways: As noted in our previous Legal Update, the August 2022 amendments to Section 102(b)(7) of the Delaware General Corporation Law (DGCL) permits a Delaware corporation to include an officer exculpation provision in…more

Board of Directors, Corporate Governance, Corporate Officers, Delaware General Corporation Law, Exculpatory Clauses

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2024 Cyber Litigation Legal Update – What Your Business Needs To Know

By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident. Generally, once an attack is contained, remediation and rebuilding will follow. Shortly after, the crisis…more

Attorney-Client Privilege, Class Action, Cyber Attacks, Cybersecurity, Data Breach

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Serta and Mitel: The Latest Major Court Decisions on Uptier Transactions

Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both…more

Appeals, Bankruptcy Court, Borrowers, Breach of Contract, Commercial Bankruptcy

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Fifth Circuit Vacates Private Fund Adviser Rules

On June 5, 2024, a three-judge panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit”) unanimously vacated the rule adopted by the US Securities and Exchange Commission (the “SEC”) to enhance the regulation of “private…more

Final Rules, Investment, Investment Advisers Act of 1940, Investment Management, Private Funds

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WHAT’S THE DEAL? Structured Certificates of Deposit

What’s the Deal? - Structured certificates of deposit (“SCDs”) are financial instruments representing a deposit of a specified amount of money for a fixed period of time. As with traditional certificates of deposit (“CDs”),…more

Banks, Certificate of Deposit, Consumer Financial Products, Structured Financial Products

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Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the assistance…more

Anti-Suit Injunctions, Arbitration, Arbitration Agreements, Dispute Resolution, International Arbitration

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US DoD Proposes Final Rule to Incorporate Contractual Requirements for the Cybersecurity Maturity Model Certification (CMMC)

On August 15, 2024, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the Cybersecurity Maturity…more

Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), DFARS, Federal Acquisition Regulations (FAR)

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From Extraction to Smelting: President Trump Issues Executive Order Aiming to Increase American Mineral Production

Those in the critical minerals industry have been waiting to see what President Donald Trump’s next move would be after his “Unleashing American Energy” Executive Order on January 20, 2025 (the “January Executive Order”), last’s…more

Energy Policy, Executive Orders, Minerals, Mining, National Security

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English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract. In…more

Appeals, Breach of Contract, Business Litigation, Contract Disputes, Contract Drafting

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The Evolving US Privacy Landscape: Essential Insights for 2024

The US privacy legal landscape continues to expand in 2024, with most of the momentum led by state laws. …more

Consumer Privacy Rights, Cybersecurity, Data Breach, Data Privacy, Data Protection

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IRS-CI Announces a New Initiative to Enhance BSA Information-Sharing with Financial Institutions

On March 28, 2025, the Internal Revenue Service (“IRS”)’s criminal investigative arm, IRS Criminal Investigation (“IRS-CI”), announced that it would be implementing a new program called CI-FIRST (Feedback in Response to…more

Anti-Money Laundering, Bank Secrecy Act, Criminal Investigations, Enforcement Actions, Financial Crimes

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CVM divulga Ofício Circular Anual 2024 para companhias abertas, estrangeiras e incentivadas

Nessa versão atualizada do Ofício Circular Anual 2024, há novas orientações acerca da comunicação sobre demandas societárias, elaboração de informações financeiras relacionadas à sustentabilidade e políticas de clawback, entre…more

Brazil, Clawbacks, Environmental Social & Governance (ESG), Publicly-Traded Companies, Securities Regulation

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Navigating M&A Transactions Amidst Trump’s Tariffs: Five Key Legal Issues to Consider in Today’s Market

The introduction of tariffs under the Trump Administration—and their subsequent partial (yet perhaps temporary) rollback—has added a new layer of complexity and a great deal of uncertainty to the high-stakes world of M&A…more

Contract Terms, Due Diligence, International Trade, Representations and Warranties, Risk Management

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Non-Traditional Trademarks

In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to…more

Best Practices, Brand, Goods or Services, Intellectual Property Protection, Lanham Act

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Can Volumetric Construction Solve the Housing Crisis?

The UK is facing a severe housing crisis, with a chronic shortage of affordable and sustainable homes, rising property prices, and a growing population that outstrips supply. Although the planning system is a key culprit, it is…more

Affordable Housing, Building Permits, Construction Industry, Construction Project, Housing Market

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UK Supreme Court Grants Permission to Appeal Landmark Case on Motor Finance Commission Payments and Disclosure Thresholds

Last week the Supreme Court granted permission to appeal the Court of Appeal's decision in a case examining the permissibility of motor finance commission payments, which challenged traditional legal thinking relating to…more

Broker Commissions, Consumer Financial Products, Consumer Lenders, Financial Conduct Authority (FCA), Financial Institutions

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IEEPA Tariffs at a Crossroads: Courts Intervene, What Comes Next?

Last week, two different district courts found that President Donald Trump did not have the authority under the International Emergency Economic Powers Act (“IEEPA”) to impose sweeping tariffs…more

Appeals, Constitutional Challenges, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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The Consequences of the US Supreme Court’s Decision Upholding the CFPB’s Funding Structure

On May 16, 2024, the US Supreme Court upheld the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) funding structure in a decision that will have significant ramifications on both the CFPB’s rulemaking and…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Dodd-Frank

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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From Extraction to Smelting: President Trump Issues Executive Order Aiming to Increase American Mineral Production

Those in the critical minerals industry have been waiting to see what President Donald Trump’s next move would be after his “Unleashing American Energy” Executive Order on January 20, 2025 (the “January Executive Order”), last’s…more

Energy Policy, Executive Orders, Minerals, Mining, National Security

See all updates »

SEC Issues Concept Release on Definition of Foreign Private Issuer

On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the current…more

Capital Formation, Capital Markets, Financial Markets, Foreign Private Issuers, Regulatory Reform

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Licensing Link - June 2025

Licensing Link is a periodic publication that will keep you informed on hot topics and new developments in state licensing laws, and provide practice tips and primers on important issues related to state licensing across the…more

Buy Now Pay Later (BNPL), Consumer Protection Laws, Disclosure Requirements, Lenders, Licensing Rules

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DGCL Amendments Proposed to Address Recent Delaware Court of Chancery Decisions Affecting Stockholder Agreements, Board Approvals of Merger Agreements and Damages for Lost Stockholder Premiums

Three recent decisions from the Delaware Court of Chancery (the “Court”) have upended long-standing market practice related to, among other matters, stockholder agreements, board approvals of merger agreements and the…more

Corporate Governance, Delaware General Corporation Law, Elon Musk, Merger Agreements, Shareholder Litigation

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CNJ determina que empresas efetuem o seu cadastro no Domicílio Judicial Eletrônico até o dia 30 de maio

O Domicílio Judicial Eletrônico, regulamentado pela Resolução n.º 455/2022 e pela Portaria n.º 29/2023, ambas do Conselho Nacional de Justiça (CNJ), é uma ferramenta que concentra, em um único local, todas as comunicações…more

Brazil, Judicial Proceedings, Regulatory Requirements

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From Waiver to Waitlist: Fewer Travelers Can Skip the US Visa Interview

On February 18, 2025, the US Department of State announced a new policy requiring more foreign nationals to attend in-person interviews to apply for nonimmigrant visas…more

Biden Administration, Executive Orders, Foreign Nationals, Foreign Workers, Immigration Procedures

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Mansion House and Pension “Megafunds”

The Chancellor, Rachel Reeves, used her inaugural Mansion House speech to outline potentially the most significant pensions reforms for many years. The main focus is on multi-employer DC trust-based pension schemes,…more

Employee Benefits, Pension Schemes, Pensions, Trustees, UK

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Market Trends 2020/21: U.S. Tariff Policies

This practice note discusses recent U.S. tariff policies (U.S. Tariff Policies) that potentially have wide-ranging consequences for domestic and international trade and the capital markets. In a period marked by increased…more

Capital Markets, Imports, MD&A Statements, Regulation S-K, Tariffs

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MMA Opens Public Consultation on Regulation of the National Policy on Payment for Environmental Services

Brazil’s Ministry of the Environment and Climate Change (MMA) has launched a public consultation on the draft decree intended to regulate Law No. 14,119/2021, which established the National Policy on Payment for Environmental…more

Brazil, Environmental Justice, Environmental Policies, Government Agencies, New Regulations

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The Corporate, Tax and Regulatory Aspects of Brazil’s Sports Betting Law

On December 30, 2023, President Luiz Inácio Lula da Silva sanctioned, with vetoes, Law No. 14,790, which regulates fixed-odds betting on sports in real or virtual events (e-sports). Law 14.790/2023 consolidated aspects…more

Brazil, Corporate Taxes, eSports, Regulatory Requirements, Sports Betting

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Debt Collection During and After the Pandemic: Do Certain US Legislators and Agencies Seek a Debt Collection Ice Age?

As the COVID-19 pandemic rages on, state and federal lawmakers have taken aggressive measures to protect the health and economic security of their citizens, including legislative and regulatory measures limiting or proposing to…more

Coronavirus/COVID-19, Credit Reports, Debt Collection, Eviction, Financial Services Industry

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Report by the Joint Committee of the European Supervisory Authorities on the EU Securitisation Regulation

Introduction - The Joint Committee of the European Supervisory Authorities (the "Joint Committee" and the "ESAs", respectively) has published a report on the implementation and functioning of the EU Securitisation…more

EU, European Supervisory Authorities (ESAs), Risk Retention, Securitization, Securitization Market

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Legal Developments in Construction Law: June 2025

1. DEVELOPERS WIN AGAIN AS SUPREME COURT REJECTS A "VOLUNTARINESS PRINCIPLE" - The Supreme Court has delivered its judgment in the litigation between developers and designers over structural defects in high-rise buildings,…more

Building Codes, Construction Contracts, Construction Defects, Construction Litigation, Design Defects

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UK GDPR and the Price of Non-Compliance: ICO Issues New Guidance on Calculating Fines

The Information Commissioner's Office (the "ICO") has clarified the methods it will use to calculate the fines it will issue for breaches of data privacy law in the UK by publishing its latest Data Protection Fining Guidance…more

Compliance, Data Privacy, Data Protection, Enforcement, Fines

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Sustainability Coordinators: A Transatlantic Comparison

On April 24, 2024, the Loan Market Association (the “LMA”) published its Sustainability Coordinator Letter (the “LMA Letter”). According to the LMA, the LMA Letter is “intended to provide a starting point for a sustainability…more

Banks, Environmental Social & Governance (ESG), Green Loans, Loan Market Association, Loan Syndication and Trading Association (LSTA)

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Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement

On January 29, 2024, in Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court reversed a Chancery Court holding that a forfeiture-for-competition provision in a limited partnership agreement was unenforceable as an…more

Business Disputes, Business Litigation, Competition, Contract Terms, DE Supreme Court

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US SEC Gives Green Light to Swiss-Based Investment Adviser Registration Applications

On June 10, 2025, the US Securities and Exchange Commission (SEC) announced that it will immediately resume processing new and pending registration applications of investment advisers with their principal office and place of…more

Data Privacy, Financial Services Industry, General Data Protection Regulation (GDPR), Investment, Investment Adviser

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Senado Aprova Medidas Para Renegociação De Multas Impostas Por Agências Reguladoras Federais

O Senado aprovou a criação do programa “Desenrola Agências Reguladoras”, que cria a possibilidade de renegociação de multas aplicadas pelas agências reguladoras federais a pessoas físicas ou jurídicas. O substitutivo ao Projeto…more

Administrative Proceedings, Brazil, Fines, Payroll Taxes, Regulatory Agencies

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Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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2021 SEC Filing Deadlines and Financial Statement Staleness Dates

This Legal Update summarizes the US Securities and Exchange Commission’s 2021 calendar year filing deadlines and financial statement staleness dates. …more

Corporate Governance, Filing Deadlines, Financial Statements, Foreign Private Issuers, Publicly-Traded Companies

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SEC Charges Company for Allegedly Deficient ATM Disclosures

On June 25, 2024, the Securities and Exchange Commission (the “SEC”) charged an advanced materials company and its former executive officers with market manipulation, fraud and other securities law violations.  The charges…more

Enforcement Actions, Financial Markets, Market Manipulation, Regulatory Violations, Securities and Exchange Commission (SEC)

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FinCEN Proposes Rule Reinforcing Financial Institutions’ Duty to Design and Maintain Risk-Based AML/CFT Programs

On June 28, 2024, the US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (“June 2024 NPRM”) to crystalize its long-held expectation that financial institutions use…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Compliance, Financial Institutions

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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Brazilian Tax Reform: Complementary Law No. 214/2025 Sanctioned

On January 16, 2025, Brazil’s president sanctioned Complementary Law No. 214/2025 (CL 214), stemming from the approval of Complementary Bill of Law No. 68/2024 (PLP 68), which establishes the Tax and Contribution on Goods and…more

Brazil, Corporate Taxes, Income Taxes, Legislative Agendas, New Legislation

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European Commission Presents “Omnibus” Simplification Package with Amendments to CSRD, CSDDD, CBAM and Taxonomy

On 26 February 2025, the European Commission (“Commission”) published its “Omnibus I” or “Sustainability Omnibus” package as part of its mission to improve the competitiveness of the European Union. The Omnibus Package foresees…more

Carbon Emissions, Corporate Governance, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Due Diligence

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Silicon Valley Bank Developments – Q&A for Startups and VCs

Q: Who runs SVB now? A: SVB has been placed in receivership by banking regulators. This receivership applies to Silicon Valley Bank and not its affiliates…more

Borrowers, Deposit Accounts, Deposit Insurance, Depository Institutions, Enforcement Actions

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A Pennsylvania Jury Hands a Critical Win to Brand Owners

In a closely watched trademark dispute, a Pennsylvania jury recently held that Vintage Brand LLC (“Vintage Brand”), Sportwear, Inc., and Chad Hartvigson (collectively, the “Defendants”) had infringed Pennsylvania State…more

Brand, Intellectual Property Litigation, Intellectual Property Protection, Trademark Infringement, Trademark Litigation

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Measure ULA Update: Reported Revenue, Applicability to Foreclosures and Legal Challenges

In a February Legal Update, we analyzed the Taxpayer Protection and Government Accountability Act (the “Taxpayer Protection Act” or the “Act”), a statewide California ballot initiative that could potentially repeal the “mansion…more

Ballot Measures, California, City of Los Angeles, High Net-Worth, Real Estate Transactions

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IRS Guidance on Electric Vehicles

IRS and Treasury today issued Revenue Procedure 2022-42, which includes procedures for manufacturers of electric vehicles..…more

Automotive Industry, Electric Vehicles, Internal Revenue Code (IRC), IRS, Motor Vehicles

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2023 Listed Guidance for NYSE and NYSE American Issuers

On January 17, 2023, the annual NYSE Guidance Memo and NYSE American Guidance Memo (each, a “Guidance Memo” and collectively, the “Guidance Memos”) were released. The Guidance Memos highlighted policies significant and…more

Corporate Governance, Financial Markets, Listing Rules, New Guidance, NYSE

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Trump Administration’s “America First Investment Policy” Previews New Restrictions on Inbound and Outbound Investment

On February 21, 2025, President Trump issued a new memorandum addressing both foreign investment into the United States and outbound investment by US persons. Without imposing immediate legal or regulatory changes, the “America…more

Artificial Intelligence, CFIUS, China, Critical Infrastructure Sectors, Economic Sanctions

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Serta and Mitel: The Latest Major Court Decisions on Uptier Transactions

Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both…more

Appeals, Bankruptcy Court, Borrowers, Breach of Contract, Commercial Bankruptcy

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UK-India Free Trade Agreement: A New Era for Bilateral Trade and Investment

The May 6, 2025 conclusion of the UK-India Free Trade Agreement (the “FTA”) marks a defining moment in the economic and strategic partnership between India and the United Kingdom…more

Anti-Corruption, Corporate Counsel, Foreign Investment, Free Trade Agreements, India

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Câmara do Mercado abre consulta pública sobre proposta de atualização para regulamento de arbitragem

A Câmara do Mercado iniciou uma consulta pública para receber contribuições sobre a proposta de atualização de seu Regulamento de Arbitragem. A iniciativa tem como objetivo promover a modernização e a simplificação de diversos…more

Arbitration, Brazil, Dispute Resolution, Regulatory Agenda, Regulatory Requirements

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Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended interpretation…more

Antitrust Provisions, Competition, EU, EUMR, European Commission

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Asymmetric Jurisdiction Clauses – The EU's Highest Court Gives Its View

On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;…more

Breach of Contract, Commercial Litigation, Contract Disputes, Contract Terms, Court of Justice of the European Union (CJEU)

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Delaware Changes Its Corporate Law: What Litigators and Clients Need To Know About Senate Bill 21

On March 25, Delaware Governor Matt Meyer enacted a sweeping reform of the state’s corporate law, signing Senate Bill 21 into effect. The bill, which received bipartisan support in the legislature, aims to attract and retain…more

Board of Directors, Books & Records, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Securitization – What to Expect in 2024

Please join Mayer Brown partners Tameem Zainulbhai, Joanna Nicholas, Melissa Kilcoyne, Evan DeCresce and Jim Antonopoulos for a discussion on What to Expect in 2024 in the fields of structured finance and securitization. They…more

Capital Markets, Financial Services Industry, Global Dealmaking, Global Market, Investors

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Novas Regras para Homologação e Operação dos Sistemas Free Flow nas Rodovias Brasileiras

A Portaria Senatran nº 442/2025, publicada em 12 de junho de 2025, estabelece os procedimentos obrigatórios para homologação e interoperabilidade de sistemas de livre passagem (free flow) em rodovias de todo o território…more

Brazil, Highways, New Regulations, Penalties, Regulatory Oversight

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FCPA Un-Paused: DOJ Announces New Guidelines for FCPA Enforcement

On June 9, 2025, in a memorandum entitled Guidelines for Investigations and Enforcement of the FCPA(the “Guidelines”), the Department of Justice (DOJ) signaled that Foreign Corrupt Practices Act (FCPA) investigations and…more

Anti-Corruption, Bribery, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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CHNV Parole Cancelled: What the Rollback Means for Employers

The recent termination of the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) by the Department of Homeland Security (DHS) has significant implications for US employers. As DHS revokes work permits…more

Department of Homeland Security (DHS), E-Verify, Employees, Executive Orders, Foreign Workers

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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FASB Rule Proposal regarding Disclosure Requirements for Trade Payables Programs

As we discussed in a previous post, last October the Financial Accounting Standards Board (“FASB”) added the development of guidance on disclosure requirements with respect to trade payables programs to their agenda.  At the…more

Accounting Standards, Disclosure Requirements, FASB, Proposed Rules, Regulatory Agenda

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Direito Tributário em Destaque | Especial Reforma Tributária – Créditos na Transição

Com a proximidade da implementação das primeiras mudanças da Reforma Tributária, aprovada pela Emenda Constitucional n.º 132/2023, um dos principais temas de interesse dos contribuintes envolve a transição em relação aos…more

Brazil, Business Taxes, New Legislation, State Taxes, Tax Credits

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Consumer Arbitration in the US

Join us for the latest episode of Financial Services Focus as Andy Demko and Archis Parasharami discuss how consumer arbitration became popular among U.S. businesses in response to class actions from the late 90s onward. The…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Class Action, Class Action Arbitration Waivers

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The Spectrum of Loan Portfolio Backleverage Options: A Primer for Private Credit Funds

EXECUTIVE SUMMARY - There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by…more

Capital Markets, Collateral, Credit, Credit Funds, Debt

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Execution of Legal Assignments under Section 136 of the Law of Property Act 1925

Legal assignments under section 136 of the Law of Property Act 1925 (LPA 1925) are used in many financing transactions, including secured lending transactions and transactions involving receivables purchase arrangements, and it…more

Assignments, Banking Sector, Business Entities, Companies Act, Contract Terms

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HHS and FDA Announce Plans to Phase out Synthetic Food Dyes

On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a series of steps intended to eliminate all petroleum-based synthetic dyes from the US food supply…more

Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Food Manufacturers, Food Safety, New Legislation

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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Delaware Law Alert: Court of Chancery Orders Specific Performance in Acquisition of a Company Approaching Insolvency

On March 24, 2025, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued a post-trial opinion in Desktop Metal, Inc. v. Nano Dimension Ltd.,1 ordering the parties to comply with a merger agreement and close a…more

Acquisitions, Breach of Contract, Business Litigation, CFIUS, Contract Disputes

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The European Commission's Revised Market Definition Notice: a Defining Moment?

Modernising Market Definition - Market definition is a foundational concept and key tool for antitrust analysis.  On February 8, the European Commission ("EC") published a final version of its Revised Market Definition Notice…more

Antitrust Provisions, Digital Marketplace, EU, European Commission, Globalization

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Novo Manual De Diretrizes De Programa De Integridade Para Empresas Privadas Da CGU

Em 15 de outubro de 2024, a ControladoriaGeral da União (“CGU”) publicou o Volume II do “Manual Programa de Integridade: Diretrizes para Empresas Privadas” (“Manual”), que estabelece novas recomendações para a implementação,…more

Anti-Corruption, Brazil, Business Operations, Business Ownership, Corporate Culture

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Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Proposed Regulations on Section 45X Advanced Manufacturing Production Tax Credit

On December 14, 2023, the Department of Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) released proposed regulations to implement the Section 45X advanced manufacturing production credit established by the…more

Batteries, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS, Minerals

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ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of preventing…more

Administrative Procedure Act, Compliance, Energy Sector, Government Agencies, Hazardous Substances

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Facilitating Data Sharing in Open Finance - New Central Bank Resolution

In October of this year, the Central Bank of Brazil announced an important measure to simplify the consent renewal process within the field of Open Finance. Joint Resolution No. 7/2023—which will amend certain articles of Joint…more

Banks, Data Collection, Data Management, Data Protection, Data-Sharing

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Unleashing American Energy Executive Order: Impact on Carbon Capture

AT A GLANCE - The Trump Administration issued the “Unleashing American Energy” Executive Order (EO) on January 20, 2025, which, among other matters,…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Energy Policy

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US Inflation Reduction Act of 2022: Carbon Capture Use and Sequestration Provisions

President Biden signed the Inflation Reduction Act of 2022 (IRA) into law on Tuesday, August 16, 2022. Among other things, the IRA expands the federal tax credits available to promote renewable energy and revises the…more

Biden Administration, Carbon Capture and Sequestration, Inflation Reduction Act (IRA), Renewable Energy Incentives, Tax Credits

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ESMA Publishes Final Report on Technical Advice Concerning the Prospectus Regulation

A) BACKGROUND On October 8, 2024, the EU Council adopted the Listing Act – a regulation amending, among other things, the Prospectus Regulation (EU) 2017/1129. Even though the Listing Act went into force on 4 December 2024, the…more

Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA), New Regulations

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Illinois Enacts Tax Incentives to Attract Electric Vehicle Manufacturing

In November 2021, Illinois Governor JB Pritzker signed the Reimagining Electric Vehicles Act (the “REV Act”), which, together with the recently enacted Climate and Equitable Jobs Act, further incentivizes the production and…more

Automotive Industry, Climate Action Plan, Electric Vehicles, Infrastructure, Innovative Technology

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Licensing Link - June 2025

Licensing Link is a periodic publication that will keep you informed on hot topics and new developments in state licensing laws, and provide practice tips and primers on important issues related to state licensing across the…more

Buy Now Pay Later (BNPL), Consumer Protection Laws, Disclosure Requirements, Lenders, Licensing Rules

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Stop Press – Government Will Act in Light of the Virgin Media Ruling

The government has announced that it will pass legislation to give pension schemes affected by the Virgin Media ruling the power to obtain retrospective actuarial confirmation that historic changes to contracted-out benefits met…more

Employee Benefits, Pensions, Proposed Legislation, Retirement Plan, UK

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SEC Staff Grants Temporary Relief from Compliance with Rule 15c2-11 for Rule 144A Fixed Income Securities

With the January 3, 2023, deadline fast approaching for compliance with Exchange Act Rule 15c2-11, as amended and reinterpreted by the staff of the US Securities and Exchange Commission (“SEC”) to apply to fixed income…more

Financial Services Industry, Fixed Income Investments, Investment Management, No-Action Letters, Relief Measures

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SEC Adopts Amendments for Reporting Beneficial Ownership on Schedules 13D and 13G

On October 10, 2023, the U.S. Securities and Exchange Commission (the “SEC”) adopted changes to Schedules 13D and 13G relating to beneficial ownership reports (the “Amendments”). The Amendments are intended to modernize the…more

Beneficial Owner, EDGAR, Final Rules, New Regulations, Publicly-Traded Companies

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Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Understanding Cash Control Events in Subscription Finance

EXECUTIVE SUMMARY - Cash control provisions are critical features of any subscription credit facility, safeguarding lenders’ primary repayment sources while also potentially impacting the Fund’s cash management operations…more

Borrowers, Contract Terms, Debt Financing, Default, Financial Contracts

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SEC Investor Advisory Committee Meets and Considers Various Private Placement Related Topics

On September 21, 2023, the U.S. Securities and Exchange Commission’s (the “SEC”) Investor Advisory Committee (“IAC”) met to consider certain matters included on the SEC’s rulemaking agenda for this fall, such as exempt offerings…more

Accredited Investors, Capital Raising, Financial Markets, Regulation D, Regulatory Agenda

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Eye on Critical Minerals - January 2024

Welcome to Mayer Brown’s Critical Minerals Newsletter which focuses on some of the key legal issues and developments that have been affecting the sector over recent months…more

Joint Venture, Mineral Exploration, Mineral Extraction, Minerals, Mining

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When the Going Gets Tough the Tough get Going: Brazil Oil & Gas Thrives Despite the Pandemic

Annus horribilis. This is a moniker that oil and gas insiders might well apply to 2020 given the disastrous effects on the industry from Covid-19 pandemic (“Pandemic”) and its accompanying recession which brought a precipitous…more

Brazil, Competitive Bidding, Coronavirus/COVID-19, Divestment, Energy Policy

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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Serp-Jud Facilita Acesso Às Informações Nos Registros Públicos Em Uma Única Plataforma

A utilização do sistema de pesquisa de bens via Sistema Eletrônico dos Registros Públicos voltado ao Poder Judiciário Brasileiro (SERP-JUD) tem se mostrado mais eficiente do que as ferramentas de pesquisa de bens e informações…more

Data Collection, Data Privacy, Dispute Resolution, e-Discovery, Electronically Stored Information

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To Be Or Not To Be (Solvent) - A Comparative Analysis Of Singapore, UK, US, And Australia On Recognising Foreign Proceedings Under The UNCITRAL Model Law

The recent case of Ascentra Holdings, Inc v. SPGK Pte Ltd [2023] SGCA 32 (Ascentra) has drawn a line in the sand in the Singapore court's interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (UNCITRAL Model…more

Commercial Bankruptcy, Cross-Border Insolvency Regulations (CBIR), Foreign Jurisdictions, Insolvency, UNCITRAL

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Trends and Enforcement Priorities at and Around the 2025 ABA Antitrust Spring Meeting

Antitrust and competition lawyers, economists, and enforcers from around the globe gathered in Washington, DC in early April for the American Bar Association (ABA) Antitrust Section’s Spring Meeting and related events to discuss…more

American Bar Association (ABA), Antitrust Litigation, Antitrust Violations, Big Tech, Class Action

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UK-India Free Trade Agreement: A New Era for Bilateral Trade and Investment

The May 6, 2025 conclusion of the UK-India Free Trade Agreement (the “FTA”) marks a defining moment in the economic and strategic partnership between India and the United Kingdom…more

Anti-Corruption, Corporate Counsel, Foreign Investment, Free Trade Agreements, India

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UK Regulatory Update - Asset Management Sector - Quarterly Newsletter Q1 2025

Mayer Brown’s UK Regulatory Update is a quarterly newsletter for the asset management sector. In this edition, covering Q1 2025, we look at consultations relating to the UK AIFMD framework, reporting and notification…more

Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Capital Markets, Consultation, Financial Conduct Authority (FCA)

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Russia/Ukraine Sanctions Update - Month of May 2025

I. U.S. Sanctions - President Trump Threatens Sanctions on Russia Following Drone Attack on Ukraine: On May 28, Bloomberg reported that President Trump said he was “‘absolutely’ considering new sanctions against Russia as…more

Economic Sanctions, EU, Export Controls, Foreign Policy, HM Treasury

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US DOT Allocates $615 Million for EV Charging Station Networks

Allocations of $615 million in funds for electric vehicle (EV) infrastructure in the US under the National Electric Vehicle Infrastructure Formula Program (NEVI Program) moved forward with recent publications from the US…more

Automotive Industry, Charging Stations, Climate Action Plan, Department of Transportation (DOT), Electric Vehicles

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MSR Deal Points Q&A

In this episode of Financial Services Focus, Eric Edwardson, Lauren Pryor and Chris Smith discuss selected key terms of purchase and sale agreements for residential mortgage servicing rights, exploring the typical perspectives…more

Consumer Financial Products, Consumer Lenders, Financial Institutions, Financial Services Industry, Mortgage Lenders

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SEC Adopts Amendments to Accelerated and Large Accelerated Filer Definitions

On March 12, 2020, the US Securities and Exchange Commission (SEC) adopted amendments to the accelerated filer and large accelerated filer definitions in Rule 12b-2 under the Securities Exchange Act of 1934 (Rule 12b-2). The…more

Accelerated Filers, Publicly-Traded Companies, Sarbanes-Oxley, Securities and Exchange Commission (SEC)

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Cloud + Strategic Partnership: The Evolution of Cloud Services

Competition among cloud platform providers is fierce as they scramble for market share and customers. As cloud providers bundle key products and services—such as AI and other tools—with their “basic” cloud offerings to lure and…more

Cloud Computing, Cloud Service Providers (CSPs), Cloud Storage, Partnership Agreements, Strategic Partnerships

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PCAOB Secures Complete Access to Inspect and Investigate Chinese Audit Firms, but SEC Signals Must Remain Vigilant

Last week, the U.S. Public Company Accounting Oversight Board (“PCAOB”) announced it had secured complete access to inspect and investigate issuer engagements of audit firms headquartered in China and Hong Kong, marking the…more

Audits, China, Corporate Governance, Foreign Corporations, Holding Foreign Companies Accountable Act (HFCAA)

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SEC Conference on Emerging Asset Management Trends

On June 5th, the SEC brought together regulators, industry leaders, and experts to discuss the evolving asset management landscape at its 2025 Conference on Emerging Trends in Asset Management.  This year’s event focused on the…more

Asset Management, Blockchain, Capital Markets, Cryptocurrency, Digital Assets

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Executive Order Calling for Enhanced Screening and Vetting of Foreign Nationals

On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” which directs federal agencies to…more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Foreign Workers, Immigration Procedures

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Past Guidance is No Assurance of Future Guidance: SEC Staff Reverses Course with New Marketing Rule FAQs on Extracted Performance and Portfolio Characteristics

AT A GLANCE - On March 19, the SEC released updated guidance for compliance with Rule 206(4)-1 under the Investment Advisers Act of 1940, with two major revisions: (i) an update to prior guidance regarding the use of extracted…more

Compliance, Disclosure Requirements, Investment Adviser, Investment Management, Regulatory Requirements

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Mexican Retirement Funds Financial Regulations Amended

On February 16, 2024, the Ministry of Finance and Public Credit, through the National Commission of the Retirement Savings System (“CONSAR”), issued an amendment to the General Financial Provisions of the Retirement Savings…more

CONSAR, Employee Benefits, Financial Services Industry, International Labor Laws, Mexico

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41st Annual Small Business Forum

Recently, the Securities and Exchange Commission (the “SEC”) released its report to Congress summarizing the principal policy recommendations made at the 41st Annual Government-Business Forum on Small Business Capital Formation…more

Capital Formation, Capital Raising, Crowdfunding, Emerging Growth Companies, Investment Funds

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Bills Promoting Board Diversity Advance in Congress

Earlier this month, the U.S. House Financial Services Committee passed, with overwhelming bi-partisan support, three bills to promote gender, racial and ethnic diversity on corporate boards. Although there has been progress in…more

Board of Directors, Corporate Governance, Diversity, Financial Services Committee, Legislative Agendas

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The Pensions Brief - January 2024

General Code – final version published - The Pensions Regulator (TPR) has published the final version of its new General Code and an accompanying consultation response. The Code consolidates ten of TPR’s existing codes of …more

Employee Benefits, HMRC, Pension Schemes, Pensions, Retirement Plan

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Novel Coronavirus (COVID-19): Considerations in M&A Due Diligence

Virtual Due Diligence Capabilities - As a general matter, the parties in an M&A transaction need to consider whether the target company has established sufficient protocols to enable due diligence to be conducted entirely…more

Acquisition Agreements, Coronavirus/COVID-19, Data Privacy, Due Diligence, Employee Benefits

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Concerns Related to DeepSeek’s Training Techniques May Focus on IP Issues

AT A GLANCE - Beyond whether DeepSeek used data from existing AI application program interfaces (APIs) to train its models lie concerns about whether querying an AI API may lead to trade secret misappropriation…more

Algorithms, Artificial Intelligence, Breach of Contract, Data Privacy, Data Protection

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Angola Incremental Production Decree and Other Ongoing Developments

On November 20, 2024, Angola enacted Presidential Decree 8/24 on Oil & Gas Incremental Production (“Incremental Production Decree”). This legal statute creates a new special legal and tax framework aimed to promote additional…more

Angola, Energy Projects, Energy Sector, Income Taxes, Offshore Drilling

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New Abu Dhabi International Arbitration Centre (arbitrateAD) to operate from February 2024

The Abu Dhabi Chamber of Commerce and Industry (the "Abu Dhabi Chamber") recently announced that the Abu Dhabi Commercial Conciliation and Arbitration Centre ("ADCCAC") will be closed and replaced by a newly launched Abu Dhabi…more

Arbitration, Arbitration Agreements, Business Disputes, International Arbitration, Jurisdiction

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

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Delaware Law Alert: Chancery Court Dismisses Challenge to Elimination of Tag-Along Rights in Private Equity-Backed Healthcare Merger

A recent Delaware Chancery Court decision provides important guidance for private equity sponsors, minority investors, and deal professionals regarding the enforceability of contractual waivers and the limits of the implied…more

Breach of Contract, Contract Terms, Delaware, Fiduciary Duty, Healthcare

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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FERC Ends Reactive Power Compensation

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 904, Compensation for Reactive Power Within the Standard Power Factor Range (the “Final Rule”), determining it unjust and unreasonable for…more

Electric Generation Suppliers, Electricity, Energy Policy, FERC, Infrastructure

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US NAIC Spring 2025 National Meeting Highlights: Innovation, Cybersecurity, and Technology (H) Committee

On March 26, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) met at the Spring 2025 US National Meeting of the National Association of Insurance Commissioners (“NAIC”). The meeting covered the…more

Artificial Intelligence, Cybersecurity, Data Privacy, Health Insurance, Insurance Industry

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California’s Climate Disclosure Laws: Navigating the Latest Updates

In late 2023, California enacted “first-of-its-kind” climate-related disclosure laws comprising the following: Climate Corporate Data Accountability Act (California Senate Bill 253 (SB253)) – relating to greenhouse gas…more

California, Carbon Emissions, Climate Change, Compliance, Disclosure Requirements

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Delaware Law Alert: Conditions Precedent Under the Microscope—Key Lessons for M&A Agreements

In Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC,1 the Delaware Supreme Court recently adopted a complex framework for determining when noncompliance or partial compliance with a…more

Breach of Contract, Condition Precedent, Contract Disputes, Delaware, Dispute Resolution

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Interoperability a Key Concern for Competition Authorities Around the Globe

The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies’ efforts to limit the interoperability of their products and services. In late…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Corporate Counsel

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Post-Merger IP Integration: Reducing Global Tax and IP Risks

AT A GLANCE - Post-merger IP integration poses critical tax and IP risks, which require a pre-closing assessment to mitigate. In this Legal Update, James R. Ferguson describes the tax and IP risks arising from post-merger IP…more

Acquisitions, Copyright, Corporate Taxes, Intellectual Property Protection, IP License

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Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow…more

Bankruptcy Code, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Deeds

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Mexican Independent Regulatory Agencies in the Energy Sector to Be Absorbed by Ministry of Energy

On December 20, 2024, Mexico amended its Constitution to pass control of the energy sector from two independent regulators to its executive branch. Before this reform, the Energy Regulatory Commission (CRE) and the National…more

Competition, Energy Market, Energy Sector, Mexico, Oil & Gas

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Employment Investigations Checklist

In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be…more

Confidentiality Agreements, Data Privacy, Employee Misconduct, Employee Rights, Employer Responsibilities

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Mexico’s Controversial Judicial Reform Takes Effect: Assessing its Impact

15 September 2024 was a landmark day for Mexico as President López Obrador’s controversial judicial reform (the “Judicial Reform”) was signed into law, making Mexico one of the few countries in the world to elect its judiciary…more

Dispute Resolution, Judges, Judicial Appointments, Judicial Reform, Mexico

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Unleashing American Energy Executive Order: Impact on Carbon Capture

AT A GLANCE - The Trump Administration issued the “Unleashing American Energy” Executive Order (EO) on January 20, 2025, which, among other matters,…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Energy Policy

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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UK Supreme Court Confirms Broad Scope of Fraudulent Trading Provision Under S.213 Insolvency Act 1986

On 7 May 2025, the UK Supreme Court handed down its judgment in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2025] UKSC 18. The judgment primarily concerned the scope of s.213 Insolvency Act…more

Companies Act, Fiduciary Duty, Financial Services Industry, Fraud, Insolvency

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Clawback and Malus Provisions in the U.S. and Brazil: A Comparative Overview

In today's corporate governance landscape, clawback and malus provisions have become key tools for promoting accountability and integrity. By incorporating these provisions, companies aim to align executive actions with the…more

Board of Directors, Brazil, Business Entities, Capital Markets, Clawbacks

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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The UK Employment Rights Bill: Where Are We Now?

The Bill introduced 28 reforms to UK employment laws when it was published in October last year and, since then, various amendments have been made. In this article, we have selected a handful of what we consider the most…more

Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract, Hiring & Firing

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Understanding How ‘Course of Performance’ Principles Impact Financings

EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle is…more

Borrowers, Breach of Contract, Contract Disputes, Contract Interpretation, Contract Terms

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ROSS AI Decision Gives Early Indication of Strengths and Weaknesses of Fair Use Defense

On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (“Thomson Reuters”) in its copyright litigation against ROSS Intelligence (“ROSS”). The lawsuit, which was…more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Litigation

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Convertible Bonds: An Issuer’s Guide (2025)

Introduction - Convertible bonds are, customarily, fixed rate debt instruments issued by a company (the “issuer”), the terms of which allow the holders of the bonds to convert them into ordinary shares (common stock) of the…more

Bonds, Capital Markets, Convertible Bonds, Financial Instruments, Investment

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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Subscription Finance: Cascading Pledges

Cascading pledges are frequently used in subscription finance to avoid legal impediments, avoid tax implications and mitigate prohibited transaction risk under the Employee Retirement Income Security Act of 1974, as amended…more

Borrowers, Collateral, Credit Facilities, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC)

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Industrial Design in the Spotlight: Key Takeaways in Brazil

Investing in the creation of industrial designs is critical in modern business practice, as it allows a company’s product to stand out in an increasingly competitive market dynamic. Just as important as creating distinctive…more

Brazil, Commercial Use, Copyright, Hague Agreement, Industrial Design

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AI-Specific Representations in Tech M&A

Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI…more

Acquisitions, Artificial Intelligence, Compliance, Confidential Information, Data Privacy

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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SEC Adopts Climate Change Disclosure Rules Applicable To Public Companies And Offerings

The Securities and Exchange Commission (the “SEC”) has adopted new rules that require public companies to disclose substantial information about the material impacts of climate-related risks on their business, financial…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Court of Appeal Hands Down Judgment in Higgs v Farmor's School Case

The Court of Appeal handed down its highly anticipated judgment in the case of Higgs v Farmor's School. The judgment has significant implications for employers, where their employees express potentially controversial beliefs at…more

Employee Rights, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Harassment

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Restructuring Downloaded: Episode 3

In this episode Sheena Frazer and Amy Jacks discuss issues dealing with European assets post Brexit…more

Corporate Restructuring, Debt Restructuring, EU, Financial Accounting, Insolvency

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WHAT’S THE DEAL? Regulation Fair Disclosure

Here’s the deal: Regulation FD is an issuer disclosure rule that prohibits a US public company and certain persons acting on its behalf from selectively disclosing material nonpublic information about itself or its…more

Disclosure, Non-Public Information, Public Disclosure, Publicly-Traded Companies, Regulation FD

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TALF 2020 Update: MLSA, Revised FAQs and Related Program Materials

On May 20, 2020, the Federal Reserve Bank of New York (“FRBNY” or the “Fed”) announced the first subscription date, June 17, 2020, in connection with the Term Asset-Backed Securities Loan Facility (“TALF 2020”). The Fed also…more

Asset-Backed Securities, Federal Reserve, FRBNY, Master Loan and Security Agreement (MLSA), NRSRO

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Is 2:1 The New 1:1?

Over the years, we have reported on many cases in which courts adhered to the Supreme Court’s guidance in State Farm (and Exxon Shipping Co. v. Baker) that, when compensatory damages are “substantial, a 1:1 ratio of punitive to…more

Compensatory Damages, Constitutional Challenges, Excessive Fines Clause, Punitive Damages, Reversal

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The UCC Amendments and Their Impact on Negotiable Instruments in Trade Finance

In its current form, the Uniform Commercial Code (“UCC”) does little to accommodate emerging technologies such as cryptocurrencies and non-fungible tokens.  In efforts to modernize and adapt the Uniform Commercial Code to newer…more

Digital Assets, E-SIGN, Financial Instruments, Financial Regulatory Reform, Popular

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SEC Releases Final Private Fund Adviser Rules: Key Changes and Takeaways

On August 23, 2023, the US Securities and Exchange Commission (the “SEC”) adopted final rules imposing additional obligations on and restricting certain practices by advisers to “private funds” (the “Final Rules”). …more

Investment, Investment Funds, Investors, New Rules, Private Funds

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Tax Law Highlights | Taxation of Carbon Credits After the Consumption Tax Reform

AT A GLANCE - Law 15,042/24 (the “Consumption Tax Reform”) was a milestone for the regulation of Brazil's carbon market. It established the regulated market called the Brazilian Emissions Trading System (SBCE), recognized the…more

Brazil, Carbon Emissions, Carbon Off-Set Credits, Constitutional Challenges, Corporate Taxes

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DOJ Data Security Program: Insights on the Government-Related Location Data List

On January 8, 2025, the Department of Justice (DOJ) issued a Final Rule, now referred to as the Data Security Program (DSP), that establishes sweeping new restrictions on access to sensitive personal data and government-related…more

Compliance, Data Collection, Data Security, Department of Justice (DOJ), Final Rules

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Brazilian Tax Reform: Complementary Law No. 214/2025 Sanctioned

On January 16, 2025, Brazil’s president sanctioned Complementary Law No. 214/2025 (CL 214), stemming from the approval of Complementary Bill of Law No. 68/2024 (PLP 68), which establishes the Tax and Contribution on Goods and…more

Brazil, Corporate Taxes, Income Taxes, Legislative Agendas, New Legislation

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The Spectrum of Loan Portfolio Backleverage Options: A Primer for Private Credit Funds

EXECUTIVE SUMMARY - There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by…more

Capital Markets, Collateral, Credit, Credit Funds, Debt

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The Corporate, Tax and Regulatory Aspects of Brazil’s Sports Betting Law

On December 30, 2023, President Luiz Inácio Lula da Silva sanctioned, with vetoes, Law No. 14,790, which regulates fixed-odds betting on sports in real or virtual events (e-sports). Law 14.790/2023 consolidated aspects…more

Brazil, Corporate Taxes, eSports, Regulatory Requirements, Sports Betting

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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SEC Proposal Significantly Impacts Private Fund Advisers and Investors

On February 9, 2022, the US Securities and Exchange Commission (the “SEC”) voted to propose a suite of new rules and amendments (the “Proposal”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). If…more

Investment Adviser, Investment Advisers Act of 1940, Investor Protection, Investors, Private Funds

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Health Care Plans and Pharmacy Benefit Managers Targeted in Class Action

Many medical benefit plan fiduciaries contract with pharmacy benefit managers (“PBMs”) to administer the prescription drug portion of their health plans, placing the PBM in charge of day-to-day management of the programs. Under…more

Drug Pricing, Employee Benefits, Employee Retirement Income Security Act (ERISA), Health and Welfare Plans, Johnson & Johnson

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Empresas devem preencher o Relatório de Transparência Salarial até 28 de fevereiro

Empresas com mais de 100 (cem) empregados devem informar critérios remuneratórios e ações de promoção de diversidade até o dia 28 de fevereiro, por meio do Portal Emprega Brasil. As informações coletadas subsidiarão o Relatório…more

Brazil, Corporate Governance, Diversity, Employee Benefits, Employee Rights

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring Real Estate – But Only for Two Individual Plaintiffs

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which prohibits…more

CFIUS, China, Commercial Real Estate Contracts, FIRRMA, Florida

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Debt Collection During and After the Pandemic: Do Certain US Legislators and Agencies Seek a Debt Collection Ice Age?

As the COVID-19 pandemic rages on, state and federal lawmakers have taken aggressive measures to protect the health and economic security of their citizens, including legislative and regulatory measures limiting or proposing to…more

Coronavirus/COVID-19, Credit Reports, Debt Collection, Eviction, Financial Services Industry

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PCOAB Releases Preview of 2018 Audit Inspection Findings

In May, the Public Company Accounting Oversight Board (“PCAOB”) posted a preview of its staff’s observations made in relation to audits conducted in 2018…more

Audit Reports, Audits, Financial Statements, PCAOB, Publicly-Traded Companies

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French Court Rejects Attempt to Use Civil Code to Usurp Brussels Recast Principles on Jurisdiction

In a decision issued on 2 April 2025, the French Cour de Cassation considered the validity of a jurisdiction clause under Article 25(1) of the Brussels Recast1. The French court rejected an attempt to invoke French national…more

Choice-of-Law, Civil Code, Contract Disputes, Contract Terms, Court of Cassation

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CNJ: Liminar Permite Alienação Fiduciária por Instrumento Particular

No dia 27 de novembro de 2024, o Corregedor Nacional de Justiça, Ministro Mauro Campbell Marques, deferiu uma liminar que reestabelece temporariamente a possibilidade de qualquer pessoa ou entidade formalizar alienações…more

Brazil, Fiduciary, Foreclosure, Preliminary Injunctions, Real Estate Financing

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2025 Trends for Technology Transactions

2025 is shaping up to be a busy year in tech. While blustery economic tailwinds continue to drive digital transformation, a new presidential administration promises shifts in policy that will likely keep businesses on their…more

Acquisitions, Artificial Intelligence, Emerging Technologies, Machine Learning, Mergers

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Country Classification, Updated FAQ and Guidance, Draft Delegated Regulation: EUDR Compliance Made Easier?

On 22 May 2025, the European Commission (“Commission”) made public risk classification of countries under the EU Deforestation Regulation (“EUDR”)1 which assigned a low level of risk to 140 countries and high level of risk to 4…more

Compliance, Due Diligence, Environmental Social & Governance (ESG), EU, European Commission

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Initial reflections on the recent ‘one substance, one assessment' EU proposals

On 7 December 2023, the Commission tabled three legislative proposals (the “Proposal(s)”) to implement the "One-substance-one-assessment" (“OSOA”) announced in the European Green Deal and the Chemicals Strategy for…more

Chemicals, Data Management, Environmental Social & Governance (ESG), EU, Green Deal

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Lifting of Sanctions on Syria by the United States, European Union, and United Kingdom

In recent weeks, the United States, European Union, and United Kingdom have taken significant steps to relax of their sanctions on Syria, paving the way for long-awaited normalization of commercial relations and reconstruction…more

Economic Sanctions, EU, Financial Institutions, Gulf Cooperation Council (GCC), International Trade

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European Commission Presents “Omnibus” Simplification Package with Amendments to CSRD, CSDDD, CBAM and Taxonomy

On 26 February 2025, the European Commission (“Commission”) published its “Omnibus I” or “Sustainability Omnibus” package as part of its mission to improve the competitiveness of the European Union. The Omnibus Package foresees…more

Carbon Emissions, Corporate Governance, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Due Diligence

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ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of preventing…more

Administrative Procedure Act, Compliance, Energy Sector, Government Agencies, Hazardous Substances

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US NAIC Spring 2025 National Meeting Highlights: Innovation, Cybersecurity, and Technology (H) Committee

On March 26, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) met at the Spring 2025 US National Meeting of the National Association of Insurance Commissioners (“NAIC”). The meeting covered the…more

Artificial Intelligence, Cybersecurity, Data Privacy, Health Insurance, Insurance Industry

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FCC Declares Authority and Intent to Regulate AI-Generated Calls under the TCPA

On February 8, the Federal Communications Commission (“FCC” or “Commission”) unanimously adopted a Declaratory Ruling (“Ruling”) stating that calls made with AI-generated voices are “artificial” under the Telephone Consumer…more

Artificial Intelligence, Declaratory Rulings, FCC, Regulatory Authority, Regulatory Oversight

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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Arbitration Act 2025 | Part 2: Key Improvements

The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"), will…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Dispute Resolution

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TALF 2020 Update: MLSA, Revised FAQs and Related Program Materials

On May 20, 2020, the Federal Reserve Bank of New York (“FRBNY” or the “Fed”) announced the first subscription date, June 17, 2020, in connection with the Term Asset-Backed Securities Loan Facility (“TALF 2020”). The Fed also…more

Asset-Backed Securities, Federal Reserve, FRBNY, Master Loan and Security Agreement (MLSA), NRSRO

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US BOEM Announces Massive Offshore Wind Auction and Much More

On January 12, 2022, the Bureau of Ocean Energy Management (BOEM) announced that it will hold a competitive auction for six lease areas (totaling roughly 488,000 acres) in the New York Bight area, which is off the coast of New…more

Auction, BOEM, Clean Energy, Competitive Bidding, Energy Policy

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Proactive Contracting for Tech Startups: Will Your Commercial & IP Agreements Help or Hinder an Exit?

Whether you are a startup or an acquiring company, there are several steps you should consider ahead of an exit to protect your deal and avoid issues later on. In this episode, Salt Lake City partners Spencer Glende and Scott…more

Acquisitions, Commercial Contracts, Contract Drafting, Exit Strategies, IP Assignment Agreements

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Blackbaud Inc. to Pay $3 Million to SEC for Alleged Misleading Disclosures in 2020 Ransomware Attack

On March 9, 2023, the Securities and Exchange Commission (“SEC”) announced that Blackbaud Inc. (“Blackbaud”) agreed to pay $3 million to settle charges for alleged misleading disclosures about its 2020 ransomware attack and for…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Disclosure Requirements

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Market Outlook for IPOs in 2025: Insights from PLI’s 56th Annual Institute on Securities Regulation

On November 14, 2024, the Practising Law Institute’s 56th Annual Institute on Securities Regulation featured a panel discussion that provided valuable insights into the initial public offering (IPO) landscape for 2025…more

Capital Markets, Initial Public Offering (IPO), Investment, Investment Management, Securities and Exchange Commission (SEC)

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Health Care Plans and Pharmacy Benefit Managers Targeted in Class Action

Many medical benefit plan fiduciaries contract with pharmacy benefit managers (“PBMs”) to administer the prescription drug portion of their health plans, placing the PBM in charge of day-to-day management of the programs. Under…more

Drug Pricing, Employee Benefits, Employee Retirement Income Security Act (ERISA), Health and Welfare Plans, Johnson & Johnson

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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US Offshore Wind Development: 2021 Year in Review and Looking Ahead

The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are…more

Biden Administration, BOEM, Economic Development, Electric Generation Suppliers, Energy Policy

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NHTSA Finalizes Vehicle Safety Act and Whistleblower Program Provisions

On December 12, 2024, the National Highway Traffic Safety Administration (NHTSA) finalized a new rule formalizing its whistleblower program and implementing the whistleblower provisions of the Vehicle Safety Act. In finalizing…more

Automotive Industry, Internal Reporting, Motor Vehicles, NHTSA, Product Defects

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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MMA Opens Public Consultation on Regulation of the National Policy on Payment for Environmental Services

Brazil’s Ministry of the Environment and Climate Change (MMA) has launched a public consultation on the draft decree intended to regulate Law No. 14,119/2021, which established the National Policy on Payment for Environmental…more

Brazil, Environmental Justice, Environmental Policies, Government Agencies, New Regulations

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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Mexican Reform Regarding Electronic Negotiable Instruments

On March 26, 2024, the President of Mexico published the reform passed by the Mexican Congress to the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito, “LGTOC”), and…more

Consumer Financial Products, Credit, Financial Institutions, Financial Instruments, Financial Services Industry

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EBITDA Adjustments for Lost Revenues Resulting from COVID-19

As many parts of the United States begin to focus on recovering from the profound impact caused by the COVID-19 outbreak, businesses are looking to minimize the pandemic’s toll on their financial performance…more

Accounting Standards, Coronavirus/COVID-19, EBITDA, Financial Reporting, GAAP

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Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out…more

Antitrust Provisions, Appeals, Class Action, Competition, Corporate Counsel

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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In Another Reversal, the CFPB Dismisses Case Against National Collegiate Student Loan Trusts

On April 28, 2025, the District Court for the District of Delaware granted a joint motion to dismiss with prejudice a lawsuit brought by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) against the National…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank, Enforcement Actions, Financial Institutions

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United States: The Long Read - Lifetime Income Products in CITs on the Rise

As recently noted by the US Department of Labor (“DOL”), since the passage of the Employee Retirement Income Security Act of 1974 (“ERISA”), “the retirement plan landscape has changed significantly, with a shift from defined…more

401k, Annuities, Asset Management, Department of Labor (DOL), Employee Benefits

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ERISA Cases in a Post-Chevron World

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL)

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France: Restrictive Covenants

AT A GLANCE - Restrictive covenants are aimed at protecting the company’s economic interests for a short period of time after the termination of the employment relationship…more

Competition, Employees, Employer Liability Issues, Employment Contract, France

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Decreto 11.964/24 Regulamenta os Critérios Para Enquadramento de Projetos Prioritários de Infraestrutura

Novo decreto estabelece regras que deverão ser observadas para o enquadramento de projetos como prioritários, reforçando a intenção de priorizar o enquadramento automático, com dispensa de análise prévia pelos ministérios…more

Brazil, Debentures, Energy Projects, Incentives, Infrastructure

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STJ define que decisões sobre indisponibilidade de bens podem ser revistas

Em recente julgamento sob o rito dos recursos repetitivos, a Primeira Seção do Superior Tribunal de Justiça (STJ) concluiu que, nas ações de improbidade administrativa, é possível revisitar e eventualmente modificar decisões…more

Administrative Agencies, Administrative Appeals, Appeals, Asset Freeze, Brazil

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UK Corporate Criminal Liability: Guidance issued on New Failure to Prevent Fraud Offence

INTRODUCTION - On 26 October 2023, the UK Economic Crime and Corporate Transparency Act 2023 (the "Act") received royal assent and became law. The Act introduces a new strict liability corporate criminal offence of failure to…more

Corporate Counsel, Corporate Crimes, Corporate Entities, Corporate Governance, Criminal Liability

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Federal Court Declares the Corporate Transparency Act Unconstitutional

On March 1, 2024, the US District Court for the Northern District of Alabama declared the Corporate Transparency Act (“CTA”) unconstitutional, and suspended its enforcement against the plaintiffs in that case. While most…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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US SEC’s Climate Risk Disclosure Proposal Likely to Face Legal Challenges

Background - On March 21, 2022, the US Securities and Exchange Commission (SEC) voted 3:1 to propose new rules that, if adopted, would require public companies to, among other things, provide audited financial statements…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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SEC Reopens Pay Versus Performance Comment Period

On January 27, 2022, the US Securities and Exchange Commission (SEC) voted to reopen the comment period on the pay versus performance rule that it proposed in 2015 (2015 Proposal). The proposed rule being contemplated would…more

Comment Period, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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Brazilian Tax Reform: Complementary Bill of Law No. 68/2024

On April 24, 2024, the Executive Branch introduced Complementary Bill of Law No. 68/2024 ("PLP 68" or the “Bill”), which creates the Tax and the Contribution on Goods and Services ("IBS" and "CBS") as well as the Selective Tax…more

Brazil, Goods or Services, International Tax Issues, Tax Liability, Tax Rates

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UK Court Of Appeal Overturns Judgment In Latest Italian Swaps Decision Concerning Corporate Capacity

In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022 in the case of Banca Intesa Sanpaolo and Dexia v Comune di Venezia. In its…more

Banks, Commercial Litigation, Financial Crisis, ISDA, ISDA Master Agreement

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

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Decreto 11.964/24 Regulamenta os Critérios Para Enquadramento de Projetos Prioritários de Infraestrutura

Novo decreto estabelece regras que deverão ser observadas para o enquadramento de projetos como prioritários, reforçando a intenção de priorizar o enquadramento automático, com dispensa de análise prévia pelos ministérios…more

Brazil, Debentures, Energy Projects, Incentives, Infrastructure

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Staffing Up: Antitrust Regulators Around the World Step Up Digital Platform and Technology Enforcement

In February, the Japan Fair Trade Commission announced that it will hire additional staff to enforce the country's new Act on Promotion of Competition for Specified Smartphone Software. The Act “aim[s] to foster innovation and…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Digital Marketplace, Enforcement Actions

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I Shall (Not) Be Released: With Purdue Pharma Decision, US Supreme Court Remakes Chapter 11 Landscape

They say every man needs protection, they say that every man must fall. For over 40 years, “the bankruptcy community has recognized the resolution of mass tort claims as a widely accepted core function of bankruptcy courts,” and…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Complex Litigation, Creditors

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Argentina Passes Sweeping Economic Reforms: Deregulation, Privatizations, and Promotion of Private Investments in Large Projects

On June 27, 2024, the Argentine Congress passed Argentine Law No. 27,742, translated in English as the “Bases and starting points for the liberty of the Argentine people” and commonly referred to in Spanish as the “Ley Bases.”…more

Argentina, Energy Policy, Incentives, Infrastructure, Investment

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Considerations for MSR Fund Investments

Join us for this episode of Financial Services Focus, where Lauren Pryor, Eric Edwardson, Haukur Gudmundsson and Krista Cooley dive into considerations for MSR (Mortgage Servicing Rights) fund investments and outline the…more

Consumer Financial Products, Financial Services Industry, Mortgage Servicers, Mortgage Servicing Rules, Mortgages

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NHTSA Finalizes Vehicle Safety Act and Whistleblower Program Provisions

On December 12, 2024, the National Highway Traffic Safety Administration (NHTSA) finalized a new rule formalizing its whistleblower program and implementing the whistleblower provisions of the Vehicle Safety Act. In finalizing…more

Automotive Industry, Internal Reporting, Motor Vehicles, NHTSA, Product Defects

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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Brazilian IRS Clarifies Taxation of Credits Originated from a Court Decision

On December 19, 2023, the Brazilian IRS published COSIT Answer to Advance Tax Ruling Request No. 308/2023 to clarify the Federal Tax Administration’s position regarding the levy of IRPJ, CSLL, PIS and COFINS on credits accrued…more

Brazil, International Tax Issues, Tax Credits, Tax Levy, Tax Liability

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Mexico - District Judge Suspends Amendment of Hydrocarbons Law That Repealed PEMEX’s Asymmetric Regulation

On May 31, 2021, Judge Juan Pablo Gómez Fierro of the Second District Court for Administrative Matters, specialized in Economic Competition, Broadcasting and Telecommunications ("District Judge"), suspended the amendment to the…more

Energy Commissions, Energy Policy, Energy Reform, Hydrocarbons, Mexico

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Understanding LPA Default Remedies

A subscription credit facility is secured in part by the fund’s and its general partner’s (“GP”) right to call unfunded capital commitments from the fund’s investors, to receive capital contributions once funded and to enforce…more

Capital Contributions, Credit Facilities, Default Rights, General Partnerships, Investors

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EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

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MAC/MAE clauses: English Commercial Court delivers guidance in the context of $1.2 billion mining dispute

The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2 billion. …more

Business Disputes, Contract Terms, Material Adverse Change Clauses (MACs), Material Adverse Effects, Mining

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The Green Energy Tax Incentives of the Inflation Reduction Act of 2022

Last Wednesday night, after weeks of negotiations, US Senators Joe Manchin and Chuck Schumer reached a deal on an energy and healthcare bill titled the Inflation Reduction Act of 2022 (the “Act”). The Act includes extensive…more

Energy Policy, Energy Projects, Energy Reform, Green Energy, Infrastructure

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EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

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In re Match Group, Inc.: Delaware Supreme Court Clarifies Standard of Review for Controlling Stockholder Transactions

In a recent decision, the Delaware Supreme Court clarified the proper standard to apply to a non-freeze-out merger transaction involving a controlling stockholder. Litigators who practice in the Delaware Court of Chancery are…more

Breach of Duty, Business Judgment Rule, Business Litigation, Controlling Stockholders, Corporate Sales Transactions

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A sustainable automotive sector in the United Kingdom – FAQs on the new UK Battery Strategy

What is the new UK Battery Strategy and why is it important to the automotive sector? On 26 November 2023, the UK Government Department for Business and Trade published the UK Battery Strategy (the "Battery Strategy"),…more

Automotive Industry, Batteries, Electric Vehicles, Investment, Lithium Batteries

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NAIC Proposes Reorganization of Subunits Addressing Insurance Company Investments

NAIC PROPOSES REORGANIZATION OF SUBUNITS ADDRESSING INSURANCE COMPANY INVESTMENTS - The other shoe has finally dropped. On June 6, 2025, the Investment Framework Drafting Group of the NAIC’s Financial Condition (E) Committee…more

Insurance Industry, Insurance Regulations, Investment, NAIC, Regulatory Oversight

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

See all updates »

DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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Enquêtes internes : la nécessaire coopération entre RH et JuridiqueCompliance

ENQUÊTE INTERNE. L’enquête interne est un dédale. L’absence de cadre juridique de l’enquête interne pourrait s’expliquer notamment par son caractère multisectoriel. En effet, l’enquête par son déclenchement, son déroulement et…more

Compliance, Corporate Counsel, Corporate Governance, France, Human Resources Professionals

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Greenwashing: Navigating the Risk

The risk of an accusation of “greenwashing” is now an important concern for many companies. Greenwashing is an ill-defined concept but, nevertheless, is increasingly a source of litigation and regulatory scrutiny – with more of…more

Carbon Capture and Sequestration, Disclosure Requirements, Due Diligence, Environmental Social & Governance (ESG), EU

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Trends and Enforcement Priorities at and Around the 2025 ABA Antitrust Spring Meeting

Antitrust and competition lawyers, economists, and enforcers from around the globe gathered in Washington, DC in early April for the American Bar Association (ABA) Antitrust Section’s Spring Meeting and related events to discuss…more

American Bar Association (ABA), Antitrust Litigation, Antitrust Violations, Big Tech, Class Action

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The Intersection of NAV and Margin Loans: Single Asset and Concentrated Asset Pools

Executive Summary - Over the last several years, a need has arisen in the fund finance market, which caters to private equity, venture capital, family offices, and other investment funds (“Funds”) and their sponsors, for…more

Asset Management, Capital Markets, Credit Facilities, Financial Institutions, Financial Services Industry

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Federal Appeals Court Tosses OFAC Sanctions on Tornado Cash and Limits Federal Government’s Ability to Police Crypto Transactions

On November 26, 2024, the United States Court of Appeals for the Fifth Circuit issued a landmark decision holding that the Treasury Department’s Office of Foreign Assets Control (“OFAC”) exceeded its statutory authority by…more

Chevron Deference, Cryptocurrency, Digital Assets, Economic Sanctions, International Emergency Economic Powers Act (IEEPA)

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SEASON 2: Galactic Justice: Navigating the Frontiers of Space Law

In the first episode of season 2 of our ‘Across the Pond’ podcast, Charles and Kwadwo are joined by colleague Rachael O’Grady, arbitration partner and head of Mayer Brown’s Space & Satellite Group, as well as being joined also…more

Arbitration, Commercial Litigation, Contract Disputes, Dispute Resolution, International Arbitration

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Amendments to the EU Securitisation Regulation – the new synthetic STS framework and adjustments in relation to non-performing exposures

Overview - Two regulations amending the EU Securitisation Regulation1 and the Capital Requirements Regulation2 (the “CRR”) respectively have now come into force. Regulation (EU) 2021/557 of the European Parliament and of…more

Capital Requirements Regulation (CRR), EU, Securitization, Securitization Standards, Special Purpose Entities

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Brexit: The Way Forward

After three and a half years of negotiations and uncertainty, the United Kingdom left the European Union at 11 p.m. on 31 January 2020. But when will Brexit actually be done? The scale of the task ahead for the UK and EU is…more

EU, Member State, No-Deal Brexit, Trade Relations, Transitional Arrangements

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UK Election Bulletin: What would a Labour government mean for businesses?

Overview - On 22 May 2024, UK Prime Minister Rishi Sunak announced that he had requested permission from King Charles III to dissolve parliament and call a general election. The election will take place on 4 July 2024…more

Competition, Corporate Taxes, Employee Rights, Energy Policy, Financial Regulatory Reform

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SEC Division of Corporation Finance Statement on Certain Protocol Staking Activities

On May 29, 2025, the staff (“Staff”) of the Division of Corporation Finance of the U.S. Securities and Exchange Commission continued its recent pattern of issuing Staff guidance addressing cryptocurrency. The May 29 Staff…more

Cryptoassets, Cryptocurrency, New Guidance, Securities, Securities and Exchange Commission (SEC)

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New Rev Proc 2020-44 Provides Limited Relief for Amending Legacy Contracts to Add IBOR Fallbacks

On Friday, October 9, 2020, the US Internal Revenue Service released Revenue Procedure 2020-44 (the “Revenue Procedure”), providing retroactive but limited relief for amending specific types of legacy contracts to add fallback…more

Alternative Reference Rates Committee (ARRC), Financial Services Industry, Inter-Bank Offered Rates (IBORs), ISDA, Legacy Contracts

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Expansion of Class Action Rights for Workers: A New Era in French Employment Law?

AT A GLANCE - It’s fair say that class actions have been virtually nonexistent under French law so far. The Act of April 30, 2025 (the “DDADUE” law)—which transposes into French law the European Directive 2020/1828 on…more

Class Action, Employee Representatives, Employee Rights, Employer Responsibilities, Employment Litigation

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Legal Update: regulatory technical standards on homogeneity for STS transactions published in official journal

The EU has, on 6 November 2019, published in the Official Journal a delegated regulation (the “Delegated Regulation”) supplementing the EU Securitisation Regulation (the “Securitisation Regulation”) with regard to regulatory…more

Capital Requirements, Capital Requirements Regulation (CRR), EU, European Securities and Markets Authority (ESMA), Financial Institutions

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When Is Client Contact Information Confidential?

Confidentiality is a key consideration in any commercial endeavour. To retain a competitive edge in the market, a business will often do its utmost to maintain the confidentiality of client information and business strategies…more

Breach of Confidence, Confidential Information, Contacts List, Contract Drafting, Contract Terms

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What to Expect in Securitization in 2025

Please join Mayer Brown partners Frank Doorley, Patrick Healy, Janice Kong, and Tameem Zainulbhai for a discussion on What to Expect in 2025 in the fields of structured finance and securitization. They will examine some key…more

Capital Markets, Financial Institutions, Financial Services Industry, FinTech, Investment

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Reminder: Atualização das Regras para Assembleias Gerais – Resolução CVM N.º 204

Em continuidade ao Alerta divulgado em 5 de junho de 2024, lembramos que as novas regras de participação e votação a distância em assembleias de acionistas, introduzidas pela Resolução CVM 204, que altera a Resolução CVM 81,…more

Brazil, Capital Markets, Corporate Governance, Disclosure Requirements, Financial Services Industry

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Third Time’s the Charm? SEC Adopts Final Disclosure Rules for Resource Extraction Issuers

On December 16, 2020, the US Securities and Exchange Commission (SEC), by a 3-2 vote, adopted final rules requiring annual disclosure on Form SD of payments by SEC reporting companies engaged in the commercial development of…more

Disclosure Requirements, Dodd-Frank, Form SD, Natural Resources, Oil & Gas

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US Offshore Wind Development: 2021 Year in Review and Looking Ahead

The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are…more

Biden Administration, BOEM, Economic Development, Electric Generation Suppliers, Energy Policy

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REVERSEinquiries Newsletter, Volume 6, Issue 1 - July 1 2025

An Overview of Which Market Disruption Events to Include for the Most Common Asset Classes under a Medium-Term Note Program - A movie scene showing a day in the life of a calculation agent would likely not survive the cutting…more

Asset Management, Capital Markets, Contract Terms, ETFs, Financial Industry Regulatory Authority (FINRA)

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Heightened Enforcement Risks and Opportunities in International Trade

On April 2, 2025, the Trump Administration imposed a sweeping new set of tariffs against imported goods as part of its efforts to remake the framework for international trade…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

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EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

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Proposed Amendments to Rule 144

In its 2019 Concept Release on Harmonization of Securities Offerings,1 the US Securities and Exchange Commission (SEC) included a section requesting comment regarding resale exemptions, including Rule 144. While the SEC…more

Financial Regulatory Reform, Holding Periods, Publicly-Traded Companies, Resale Exemption, Rule 144

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CFTC’s Division of Enforcement Issues New Advisory on Self-Reporting, Cooperation and Remediation

AT A GLANCE - New guidance on self-reporting, cooperation, and remediation was recently released by the Commodity Futures Trading Commission’s Division of Enforcement (CFTC). The CFTC’s advisory includes tiered scales for…more

CFTC, Compliance, Disclosure Requirements, Enforcement Actions, Regulatory Requirements

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Offices: Repurpose or Retrofit – Where Are We Today?

The office market was thrown into turmoil in the post-pandemic shift towards flexible working. Businesses battled with uncertainty over the future of the workplace and whether big glossy office spaces would become obsolete in…more

Carbon Emissions, Climate Change, Energy Efficiency, Environmental Policies, Net Zero

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Corporate Loans and Real Estate in Germany

Join us for a new episode of Financial Services Focus with partner Martin Heuber, leader of the German office's Banking & Finance practice. In this episode, we discuss the impact of current events in Europe on the private debt…more

Financial Services Industry, Fund Managers, Germany, Investment Management, Investors

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DOJ Data Security Program: Insights on the Government-Related Location Data List

On January 8, 2025, the Department of Justice (DOJ) issued a Final Rule, now referred to as the Data Security Program (DSP), that establishes sweeping new restrictions on access to sensitive personal data and government-related…more

Compliance, Data Collection, Data Security, Department of Justice (DOJ), Final Rules

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Private Credit Portfolio Back Leverage

AT A GLANCE - The rise of the direct lending market has led to a dramatic rise in supporting liquidity strategies to optimize the market.  These strategies include the use of financings to provide market participants with…more

Capital Markets, Financial Institutions, Financial Services Industry, Investment Funds, Lenders

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Recovery of VAT on DB Pension Scheme Investment Costs – New HMRC Policy

HMRC has announced a new policy on the recovery by employers of VAT charged on investment services provided to their DB pension schemes. Until 18 June 2025, the extent to which an employer could recover any VAT paid on…more

Employee Benefits, HMRC, Investment, New Guidance, Pensions

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Big Firms, Be Careful What You Say: First UK Competition Disparagement Decision Puts Large Companies On Notice

OVERVIEW - The UK Competition and Markets Authority (“CMA”) has recently published a decision accepting commitments from Vifor Pharma (“Vifor”). This brings to a close an unprecedented abuse of dominance investigation based…more

Abuse of Dominance, Antitrust Violations, Competition Authorities, Disparagement, Enforcement Actions

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Utah Enacts AI-Focused Consumer Protection Bill

On March 13, 2024, Utah Governor Spencer Cox signed into law the Utah Artificial Intelligence Policy Act (“UAIPA”), which took effect May 1, 2024. The bill imposes disclosure requirements on entities using generative artificial…more

Artificial Intelligence, Automation Systems, Disclosure Requirements, Innovative Technology, Machine Learning

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BDC Facts & Stats - June 2025

In recent years, non-bank lending to private equity-owned, small- and middle-market companies has increased significantly. Within this growing sector, private and non-traded BDCs have outperformed other non-bank lenders in many…more

Asset Management, Borrowers, Business Development Companies, Capital Markets, Financial Institutions

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FASB Rule Proposal regarding Disclosure Requirements for Trade Payables Programs

As we discussed in a previous post, last October the Financial Accounting Standards Board (“FASB”) added the development of guidance on disclosure requirements with respect to trade payables programs to their agenda.  At the…more

Accounting Standards, Disclosure Requirements, FASB, Proposed Rules, Regulatory Agenda

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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CRD6: Implications for US Fund Finance Lenders

The European Union’s new Capital Requirements Directive 6 (CRD6) introduces significant regulatory changes for non-EU banks operating within EU Member States. This update explores the impact of CRD6 on US lenders providing fund…more

Banks, Capital Requirements, EU, EU Directive, Financial Services Industry

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UK Election Bulletin: What would a Labour government mean for businesses?

Overview - On 22 May 2024, UK Prime Minister Rishi Sunak announced that he had requested permission from King Charles III to dissolve parliament and call a general election. The election will take place on 4 July 2024…more

Competition, Corporate Taxes, Employee Rights, Energy Policy, Financial Regulatory Reform

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A Reminder Of The Circumstances In Which ADR Provisions In Dispute Resolution Clauses Will Not Be Enforced

Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation?  The decision in the recent case of Lancashire Schools v Lendlease serves as…more

Breach of Contract, Commercial Court, Construction Defects, Contractors, Dispute Resolution

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The Biden Infrastructure Plan: Where Do We Go From Here?

On March 31, the Biden Administration released its much-anticipated American Jobs Plan (the “AJP”), which outlines $2.3 trillion of proposed spending on not only traditional infrastructure programs, but also climate change,…more

Biden Administration, Budget Reconciliation, Corporate Taxes, Economic Development, Electric Vehicles

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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Refresher: EU Capital Requirements Directive 6 (“CRD6”) – What Cross-Border Financial Institutions Need to Know

Many US and other non-EU financial institutions which lend or undertake trade finance business on a cross border basis into Europe do so in reliance upon exemptions under local law.  These exemptions typically permit these…more

Banking Sector, Capital Requirements, Cross-Border Transactions, EU, EU Directive

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Conflict Resolution: The SEC Adopts Final Rule 192 (Conflicts of Interest in Securitization Transactions)

Highlights- On November 27, 2023, the US Securities Exchange Commission (“SEC”) adopted final Securities Act Rule 192 (“Final Rule 192”) prohibiting certain conflicts of interest in securitization transactions…more

Asset-Backed Securities, Conflicts of Interest, Final Rules, Financial Transactions, Regulatory Reform

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Antitrust Risk in a New Regulatory Climate

The recent change in leaders in both the United States and Europe has already had a notable impact on the antitrust landscape. Rules are changing—or, at least, their enforcement is taking more novel interpretations—against a…more

Acquisitions, Big Tech, Department of Justice (DOJ), Enforcement Actions, European Commission

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What To Know About Home Equity Products

Join us for this episode of Financial Services Focus, where Lauren Pryor, Holly Spencer Bunting and Darius Horton delve into the rising popularity of home equity products, discussing how these offerings provide homeowners with…more

Banking Sector, Consumer Financial Products, Financial Services Industry, HELOC, Home Equity

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A Look Ahead

Join us for the first episode of Mayer Brown’s Financial Services Focus series. Financial Services Focus will provide updates on the key legal issues affecting financial products across legal disciplines. This podcast series…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Corporate Veil Piercing Remains Powerful Tool in New York-Seated Arbitrations

In October 2024 an attempt by Egyptian businessman Michel Lakah to set aside a 2018 ICDR award was rejected by the United States District Court for the Southern District of New York (“SDNY”), marking what the Respondent…more

Arbitration, Arbitration Agreements, Collateral Estoppel, Dispute Resolution, International Arbitration

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Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out…more

Antitrust Provisions, Appeals, Class Action, Competition, Corporate Counsel

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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Adler: Court of Appeal sets aside sanction of a Restructuring Plan

In the first appeal of a restructuring plan under Part 26A Companies Act 2006, the English Court of Appeal unanimously set aside the first instance decision sanctioning the plan proposed by AGPS BondCo PLC, part of the Adler…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Cramdown, Creditors

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The US Moving Toward Adopting New Climate Disclosures

On June 21, 2021, US financial regulators met with US President Joe Biden to discuss the US economy and update him on their efforts to address climate-related risks.  According to the White House readout of the meeting, the…more

Biden Administration, CCAA, Climate Change, Corporate Counsel, Corporate Governance

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Limited US Tax Guidance for Adding ARRC and ISDA Fallbacks

On Friday, October 9, 2020, the Internal Revenue Service released Revenue Procedure 2020-44 (the “Revenue Procedure”), providing retroactive but limited relief for amending specific types of legacy contracts to add fallback…more

Alternative Reference Rates Committee (ARRC), Derivatives, Financial Services Industry, IRS, ISDA

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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California’s Climate Disclosure Laws: Navigating the Latest Updates

In late 2023, California enacted “first-of-its-kind” climate-related disclosure laws comprising the following: Climate Corporate Data Accountability Act (California Senate Bill 253 (SB253)) – relating to greenhouse gas…more

California, Carbon Emissions, Climate Change, Compliance, Disclosure Requirements

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Lifting of Sanctions on Syria by the United States, European Union, and United Kingdom

In recent weeks, the United States, European Union, and United Kingdom have taken significant steps to relax of their sanctions on Syria, paving the way for long-awaited normalization of commercial relations and reconstruction…more

Economic Sanctions, EU, Financial Institutions, Gulf Cooperation Council (GCC), International Trade

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What Are the Top 10 Things You Need to Know About UK CBAM?

The UK government is currently consulting on draft primary legislation establishing a UK Carbon Border Adjustment Mechanism (“CBAM”), which is set to come into force from 1 January 2027 …more

Carbon Emissions, Compliance, Greenhouse Gas Emissions, HMRC, Imports

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SEC Enforcement Sweep Brings Actions for Delinquent Ownership Reports

On September 25, 2024, the Securities and Exchange Commission announced the settlement of twenty-one enforcement actions related to untimely reports required by Section 13(d) or 13(g) of the Securities Exchange Act, Section…more

Beneficial Owner, Cease and Desist Orders, Enforcement Actions, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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NAV Facilities: Appraisal and Valuation Challenge Rights

EXECUTIVE SUMMARY - Net Asset Value ("NAV") credit facilities are lending arrangements underwritten on the borrower’s portfolio of investments, where the amount available for borrowing is based on the value of such underlying…more

Borrowers, Credit Facilities, Financial Services Industry, Investment Portfolios, Lenders

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Novel Coronavirus (COVID-19): Considerations in M&A Due Diligence

Virtual Due Diligence Capabilities - As a general matter, the parties in an M&A transaction need to consider whether the target company has established sufficient protocols to enable due diligence to be conducted entirely…more

Acquisition Agreements, Coronavirus/COVID-19, Data Privacy, Due Diligence, Employee Benefits

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Spotlight Q&A with Miriam Bruce and Francesca Ingham: Business Protection & Team Moves

AT A GLANCE - Companies face a range of different challenges when a business is raided such as the impact on clients, the team left behind and the protection of confidential information…more

Doing Business, Employer Liability Issues, Raids, Recruitment Policies, Risk Management

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Key House Committee Chairs Release Draft Bill on Digital Asset Market Structure: Bill Would Establish CFTC/SEC Regulatory Authorities for Digital Assets and Codify DeFi Boundaries

On May 5, 2025, the Republican committee chairs in the US House of Representatives with jurisdiction over digital asset legislation released a digital asset market structure discussion draft bill (the “Discussion Draft”). The…more

Asset Management, Blockchain, CFTC, Cryptocurrency, Decentralized Finance (DeFi)

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President Trump Issues “America First” Trade Policy

At A Glance - The second Trump Administration’s "America First Trade Policy" orders a comprehensive review of US trade and economic policies, focusing on trade deficits, unfair trade practices, and the impact of existing…more

Canada, China, Export Controls, Mexico, National Security

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Japan Mulls ISSB-Based Sustainability Disclosure, Mandatory After 2027

Japan is considering whether to require all of its primary listed companies to publish an annual sustainability report which substantively conforms with the standards issued by the IFRS’ International Sustainability Standards…more

Capitalization, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Services Industry

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Restructuring Downloaded: Episode 3

In this episode Sheena Frazer and Amy Jacks discuss issues dealing with European assets post Brexit…more

Corporate Restructuring, Debt Restructuring, EU, Financial Accounting, Insolvency

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2021 SEC Filing Deadlines and Financial Statement Staleness Dates

This Legal Update summarizes the US Securities and Exchange Commission’s 2021 calendar year filing deadlines and financial statement staleness dates. …more

Corporate Governance, Filing Deadlines, Financial Statements, Foreign Private Issuers, Publicly-Traded Companies

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Russia/Ukraine Sanctions Update - Month of May 2025

I. U.S. Sanctions - President Trump Threatens Sanctions on Russia Following Drone Attack on Ukraine: On May 28, Bloomberg reported that President Trump said he was “‘absolutely’ considering new sanctions against Russia as…more

Economic Sanctions, EU, Export Controls, Foreign Policy, HM Treasury

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Arbitration Act 2025 | Part 1: Five Most Impactful Changes for Businesses

The Arbitration Bill received Royal Assent today (24 February 2025). This long-awaited Bill amends the Arbitration Act 1996 to create the Arbitration Act 2025 (the "2025 Act"). It will apply to any arbitration (or…more

Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution, International Arbitration

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Big Firms, Be Careful What You Say: First UK Competition Disparagement Decision Puts Large Companies On Notice

OVERVIEW - The UK Competition and Markets Authority (“CMA”) has recently published a decision accepting commitments from Vifor Pharma (“Vifor”). This brings to a close an unprecedented abuse of dominance investigation based…more

Abuse of Dominance, Antitrust Violations, Competition Authorities, Disparagement, Enforcement Actions

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Trump Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of disparate-impact…more

Civil Rights Act, Disparate Impact, Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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New Mexican Power Regulatory Framework – Defense Mechanisms Available to Investors

The current administration has sustained an attack against the electricity legal framework established by its predecessor. The new framºework reflects a major change in policy concerning the participation of the private sector…more

Competition, Electricity, Energy Policy, Energy Reform, Investor Protection

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To Be Or Not To Be (Solvent) - A Comparative Analysis Of Singapore, UK, US, And Australia On Recognising Foreign Proceedings Under The UNCITRAL Model Law

The recent case of Ascentra Holdings, Inc v. SPGK Pte Ltd [2023] SGCA 32 (Ascentra) has drawn a line in the sand in the Singapore court's interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (UNCITRAL Model…more

Commercial Bankruptcy, Cross-Border Insolvency Regulations (CBIR), Foreign Jurisdictions, Insolvency, UNCITRAL

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United States Senate Finance Committee Makes Changes to Clean Energy Provisions of the Proposed One Big Beautiful Bill

On June 16, 2025, the US Senate Committee on Finance released its legislative text (the “Senate Finance Committee version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under…more

Budget Reconciliation, Clean Energy, Energy Policy, Inflation Reduction Act (IRA), Investment Tax Credits

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The Pensions Brief: May 2025

ISSUES AFFECTING ALL SCHEMES - PENSIONS DASHBOARDS – PREPARATIONS FOR CONNECTION - As part of its campaign to get the pensions industry “dashboards-ready”, the Pensions Regulator (TPR) has released a series of short films…more

Climate Change, Employee Benefits, Environmental Social & Governance (ESG), Government Agencies, New Regulations

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US Inflation Reduction Act of 2022: Carbon Capture Use and Sequestration Provisions

President Biden signed the Inflation Reduction Act of 2022 (IRA) into law on Tuesday, August 16, 2022. Among other things, the IRA expands the federal tax credits available to promote renewable energy and revises the…more

Biden Administration, Carbon Capture and Sequestration, Inflation Reduction Act (IRA), Renewable Energy Incentives, Tax Credits

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Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In a…more

Appeals, Appellate Courts, Business Court, Business Litigation, Commercial Litigation

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American Arbitration Association Announces New Consumer and Employment Arbitration Rules

The American Arbitration Association has announced a number of changes to its arbitration rules for consumer and workplace disputes. Businesses should review the changes and consider updating their arbitration agreements…more

American Arbitration Association, Arbitration, Arbitration Agreements, Consumer Protection Laws, Employment Litigation

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DOT and NHTSA Announce Autonomous Vehicle Framework

On April 24, 2025, US Transportation Secretary Sean P. Duffy announced a new National Highway Traffic Safety Administration (NHTSA) Automated Vehicle (AV) Framework as part of the Department of Transportation’s (DOT) agenda to…more

Automated Systems, Automotive Industry, Department of Transportation (DOT), Government Agencies, Innovation

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Cross-Jurisdictional Clashes In the RCA v. Linde Dispute: Latest Developments

AT A GLANCE - It is important for foreign investors with assets and operations in Russia to know the options available to them and how different options may impact their investment protection and chances of bringing credible…more

Anti-Suit Injunctions, Arbitration, Dispute Resolution, Economic Sanctions, Enforcement Actions

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Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In a…more

Appeals, Appellate Courts, Business Court, Business Litigation, Commercial Litigation

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The Promise and Potential of Blockchain and New UCC Article 12

Executive Summary: In the summer and fall of 2022, electronic transactions were undergoing a sea change, but riding different tides: in the summer, the Uniform Law Commission approved a set of amendments to the Uniform…more

Blockchain, Cryptocurrency, Digital Assets, E-SIGN, Electronic Data Transmissions

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Sustainable Commercial Paper: Short-Term Paper, Long-Term Impact

Over the past few years, we have seen growing interest in Commercial Paper (CP) programmes with a sustainable focus. Traditionally used by corporations, financial institutions, sovereigns, and other issuers for short-term…more

Capital Markets, Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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DOT and NHTSA Announce Autonomous Vehicle Framework

On April 24, 2025, US Transportation Secretary Sean P. Duffy announced a new National Highway Traffic Safety Administration (NHTSA) Automated Vehicle (AV) Framework as part of the Department of Transportation’s (DOT) agenda to…more

Automated Systems, Automotive Industry, Department of Transportation (DOT), Government Agencies, Innovation

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Expansion of Class Action Rights for Workers: A New Era in French Employment Law?

AT A GLANCE - It’s fair say that class actions have been virtually nonexistent under French law so far. The Act of April 30, 2025 (the “DDADUE” law)—which transposes into French law the European Directive 2020/1828 on…more

Class Action, Employee Representatives, Employee Rights, Employer Responsibilities, Employment Litigation

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Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out…more

Antitrust Provisions, Appeals, Class Action, Competition, Corporate Counsel

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Novo Manual De Diretrizes De Programa De Integridade Para Empresas Privadas Da CGU

Em 15 de outubro de 2024, a ControladoriaGeral da União (“CGU”) publicou o Volume II do “Manual Programa de Integridade: Diretrizes para Empresas Privadas” (“Manual”), que estabelece novas recomendações para a implementação,…more

Anti-Corruption, Brazil, Business Operations, Business Ownership, Corporate Culture

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US SEC Gives Green Light to Swiss-Based Investment Adviser Registration Applications

On June 10, 2025, the US Securities and Exchange Commission (SEC) announced that it will immediately resume processing new and pending registration applications of investment advisers with their principal office and place of…more

Data Privacy, Financial Services Industry, General Data Protection Regulation (GDPR), Investment, Investment Adviser

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In Another Reversal, the CFPB Dismisses Case Against National Collegiate Student Loan Trusts

On April 28, 2025, the District Court for the District of Delaware granted a joint motion to dismiss with prejudice a lawsuit brought by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) against the National…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank, Enforcement Actions, Financial Institutions

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Out With a Whimper: BCBS Publishes Climate Disclosure Framework

On June 13, 2025, the Basel Committee on Banking Supervision (“BCBS”) published its framework for the disclosure of climate-related financial risks. The framework is entirely voluntary and has several notable changes from…more

Banking Sector, Banks, Basel Committee on Banking Supervision (BCBS), Climate Change, Disclosure Requirements

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Nationwide Injunction to Birthright Citizenship Executive Order

AT A GLANCE - Multiple US federal district court judges (including in the states of Maryland and Washington on February 5 and 6, respectively) have issued nationwide injunctions pausing the implementation of the recent…more

Citizens, Constitutional Challenges, Executive Orders, Fourteenth Amendment, Immigration Procedures

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The Private Fund Adviser Rule and the Kirschner Decision: An August Doubleheader

The regulatory and judicial developments of the last few days relating to the loan markets and to loan funds have been significant. On Tuesday, lenders and borrowers were concerned about a world in which syndicated and…more

Collateralized Loan Obligations, Consumer Financial Products, Financial Institutions, Financial Services Industry, Loans

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SEC Releases Final Private Fund Adviser Rules: Key Changes and Takeaways

On August 23, 2023, the US Securities and Exchange Commission (the “SEC”) adopted final rules imposing additional obligations on and restricting certain practices by advisers to “private funds” (the “Final Rules”). …more

Investment, Investment Funds, Investors, New Rules, Private Funds

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IEEPA Tariffs at a Crossroads: Courts Intervene, What Comes Next?

Last week, two different district courts found that President Donald Trump did not have the authority under the International Emergency Economic Powers Act (“IEEPA”) to impose sweeping tariffs…more

Appeals, Constitutional Challenges, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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Court of Appeal Hands Down Judgment in Higgs v Farmor's School Case

The Court of Appeal handed down its highly anticipated judgment in the case of Higgs v Farmor's School. The judgment has significant implications for employers, where their employees express potentially controversial beliefs at…more

Employee Rights, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Harassment

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Changes in the Makeup of the FTC May Impact Antitrust Policy

THE UPSHOT, FOR BUSY PEOPLE: On March 18, 2025, Commissioner Rebecca Kelly Slaughter and Commissioner Alvaro Bedoya, who hold the two Democratic seats on the Federal Trade Commission (“FTC”) were informed that President…more

Antitrust Provisions, Enforcement Priorities, Federal Trade Commission (FTC), FTC Commissioners, Mergers

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Ninth Circuit Affirms Dismissal in Stock-Drop Lawsuit, Citing Shareholder’s “Implausible” Scienter Theory

On June 10, 2020, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative securities fraud class action against Endologix, Inc., a medical device company, on the grounds that the shareholder’s core…more

FDA Approval, Food and Drug Administration (FDA), Inflated Projections, Medical Devices, Misleading Statements

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Lifting of Sanctions on Syria by the United States, European Union, and United Kingdom

In recent weeks, the United States, European Union, and United Kingdom have taken significant steps to relax of their sanctions on Syria, paving the way for long-awaited normalization of commercial relations and reconstruction…more

Economic Sanctions, EU, Financial Institutions, Gulf Cooperation Council (GCC), International Trade

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China Finalises the Measures for Personal Information Protection Compliance Audits

On 14 February 2025, the Cyberspace Administration of China (“CAC”) issued the “Administrative Measures for Personal Information Protection Compliance Audits” (the "Measures"), which will take effect on 1 May 2025. The Measures…more

Audits, China, Data Controller, Data Privacy, Data Protection

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UK Court Of Appeal Overturns Judgment In Latest Italian Swaps Decision Concerning Corporate Capacity

In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022 in the case of Banca Intesa Sanpaolo and Dexia v Comune di Venezia. In its…more

Banks, Commercial Litigation, Financial Crisis, ISDA, ISDA Master Agreement

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Corporate Veil Piercing Remains Powerful Tool in New York-Seated Arbitrations

In October 2024 an attempt by Egyptian businessman Michel Lakah to set aside a 2018 ICDR award was rejected by the United States District Court for the Southern District of New York (“SDNY”), marking what the Respondent…more

Arbitration, Arbitration Agreements, Collateral Estoppel, Dispute Resolution, International Arbitration

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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United States Senate Finance Committee Makes Changes to Clean Energy Provisions of the Proposed One Big Beautiful Bill

On June 16, 2025, the US Senate Committee on Finance released its legislative text (the “Senate Finance Committee version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under…more

Budget Reconciliation, Clean Energy, Energy Policy, Inflation Reduction Act (IRA), Investment Tax Credits

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Securitization – What to Expect in 2024

Please join Mayer Brown partners Tameem Zainulbhai, Joanna Nicholas, Melissa Kilcoyne, Evan DeCresce and Jim Antonopoulos for a discussion on What to Expect in 2024 in the fields of structured finance and securitization. They…more

Capital Markets, Financial Services Industry, Global Dealmaking, Global Market, Investors

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IRS-CI Announces a New Initiative to Enhance BSA Information-Sharing with Financial Institutions

On March 28, 2025, the Internal Revenue Service (“IRS”)’s criminal investigative arm, IRS Criminal Investigation (“IRS-CI”), announced that it would be implementing a new program called CI-FIRST (Feedback in Response to…more

Anti-Money Laundering, Bank Secrecy Act, Criminal Investigations, Enforcement Actions, Financial Crimes

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Final Regulations Issued on Prevailing Wage and Apprenticeship Requirements under the Inflation Reduction Act

On June 18, 2024, the US Internal Revenue Service (“IRS”) and Department of the Treasury (“Treasury”) issued final regulations (“Final Regulations”) establishing rules for taxpayers intending to satisfy the prevailing wage and…more

Apprenticeships, Energy Projects, Final Rules, Inflation Reduction Act (IRA), Investment Tax Credits

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The Finalized Disclosure Requirements for Partnership Basis-Shifting Transactions: Slightly Less Onerous, but Still Premature

On January 14, 2025, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published final regulations (the “Final Regulations”) addressing reporting obligations with respect to certain…more

Compliance, Disclosure Requirements, IRS, Partnerships, Proposed Rules

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SEC Investor Advisory Committee Panel Discusses Digital Engagement Practices

On June 22, 2023, the Investor Advisory Committee (“IAC”) of the US Securities and Exchange Commission (“SEC” or “Commission”) held a panel discussion regarding current challenges and potential improvements to the use of digital…more

Compliance, Conflicts of Interest, Crypto Exchanges, Investor Advisory Committee, Investors

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NAV Facilities: Appraisal and Valuation Challenge Rights

EXECUTIVE SUMMARY - Net Asset Value ("NAV") credit facilities are lending arrangements underwritten on the borrower’s portfolio of investments, where the amount available for borrowing is based on the value of such underlying…more

Borrowers, Credit Facilities, Financial Services Industry, Investment Portfolios, Lenders

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Silicon Valley Bank Developments – Q&A for Startups and VCs

Q: Who runs SVB now? A: SVB has been placed in receivership by banking regulators. This receivership applies to Silicon Valley Bank and not its affiliates…more

Borrowers, Deposit Accounts, Deposit Insurance, Depository Institutions, Enforcement Actions

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The UK Employment Rights Bill: Where Are We Now?

The Bill introduced 28 reforms to UK employment laws when it was published in October last year and, since then, various amendments have been made. In this article, we have selected a handful of what we consider the most…more

Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract, Hiring & Firing

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IRS-CI Announces a New Initiative to Enhance BSA Information-Sharing with Financial Institutions

On March 28, 2025, the Internal Revenue Service (“IRS”)’s criminal investigative arm, IRS Criminal Investigation (“IRS-CI”), announced that it would be implementing a new program called CI-FIRST (Feedback in Response to…more

Anti-Money Laundering, Bank Secrecy Act, Criminal Investigations, Enforcement Actions, Financial Crimes

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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House Passes Digital Asset Market Structure Legislation: Financial Innovation and Technology for the 21st Century Act (FIT21)

On May 22, 2024, the US House of Representatives passed H.R. 4763, the Financial Innovation and Technology for the 21st Century Act (FIT21), which would amend existing securities and commodity regulatory statutes to facilitate…more

CFTC, Cryptocurrency, Digital Assets, Financial Regulatory Reform, Investment

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these…more

Acquisition Agreements, Clean Tech, Consumer Insurance Products, Liability Insurance, Merger Agreements

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Blackbaud Inc. to Pay $3 Million to SEC for Alleged Misleading Disclosures in 2020 Ransomware Attack

On March 9, 2023, the Securities and Exchange Commission (“SEC”) announced that Blackbaud Inc. (“Blackbaud”) agreed to pay $3 million to settle charges for alleged misleading disclosures about its 2020 ransomware attack and for…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Disclosure Requirements

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TCFD Reporting Pensions Regulator Review of 2023 Reports

The Pensions Regulator (TPR) has published its latest review of pension scheme TCFD reports. This sets out TPR’s observations, feedback and suggested improvements for a selection of 30 reports published in 2023 (10% of the…more

Climate Change, Compensation & Benefits, Compliance, Environmental Social & Governance (ESG), Fund Managers

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All Change at the Top: What Might New Leadership at Antitrust Regulators Around the World Mean for Global Businesses?

Over the past six months, big-hitting global competition authorities have undergone significant leadership changes. Here, we consider the impact of these developments on global businesses…more

Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Competition Authorities, Department of Justice (DOJ)

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New Federal Government Established: What Employers in Germany Can Expect

Germany's new government—led by former Mayer Brown Partner Friedrich Merz, who serves as Federal Chancellor—has laid out an ambitious agenda for the next four years. Many of the topics addressed on the 144-page-long coalition…more

Collective Bargaining, Employee Rights, Employer Responsibilities, EU, Germany

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Maryland Enacts First in the Nation Energy Storage Tax Credit

On May 4, 2017, Maryland became the first state in the country to offer a tax credit for energy storage systems with Governor Larry Hogan’s (R) signing of Senate Bill No. 758…more

Energy Sector, Energy Storage, Income Taxes, New Legislation, Renewable Energy

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SEC Issues Concept Release on Definition of Foreign Private Issuer

On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the current…more

Capital Formation, Capital Markets, Financial Markets, Foreign Private Issuers, Regulatory Reform

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Unleashing American Energy: Deregulatory Executive Orders

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state, and…more

Administrative Procedure Act, Constitutional Challenges, Department of Justice (DOJ), Deregulation, Energy Policy

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What to Expect in Securitization in 2025

Please join Mayer Brown partners Frank Doorley, Patrick Healy, Janice Kong, and Tameem Zainulbhai for a discussion on What to Expect in 2025 in the fields of structured finance and securitization. They will examine some key…more

Capital Markets, Financial Institutions, Financial Services Industry, FinTech, Investment

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FCPA Un-Paused: DOJ Announces New Guidelines for FCPA Enforcement

On June 9, 2025, in a memorandum entitled Guidelines for Investigations and Enforcement of the FCPA(the “Guidelines”), the Department of Justice (DOJ) signaled that Foreign Corrupt Practices Act (FCPA) investigations and…more

Anti-Corruption, Bribery, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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SEC Proposal Significantly Impacts Private Fund Advisers and Investors

On February 9, 2022, the US Securities and Exchange Commission (the “SEC”) voted to propose a suite of new rules and amendments (the “Proposal”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). If…more

Investment Adviser, Investment Advisers Act of 1940, Investor Protection, Investors, Private Funds

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SEC Adopts New Share Repurchase Disclosure Rules

Executive Summary - On May 3, 2023, the U.S. Securities and Exchange Commission (the “SEC”) adopted, by a 3-to-2 vote, amendments (the “Amendments”)1 to its existing rules (the “Existing Rules”) regarding disclosures about…more

10b5-1 Plans, Corporate Governance, Disclosure Requirements, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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California Privacy Protection Agency Intensifies Enforcement: Recent Enforcement Actions and Trends

The California Privacy Protection Agency (CPPA) has intensified its enforcement activities in 2025, bringing enforcement actions under both the California Consumer Privacy Act (CCPA) and the California Delete Act in the last few…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Brokers, Data Collection

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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Evolving Competitor Definitions in Fund Finance

Recent developments in fund finance documentation reflect a significant shift in how insurance companies are treated under assignment provisions. Traditionally, “competitor” definitions have served to restrict loan assignments…more

Capital Markets, Competition, Financial Institutions, Fund Managers, Insurance Industry

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FCPA Un-Paused: DOJ Announces New Guidelines for FCPA Enforcement

On June 9, 2025, in a memorandum entitled Guidelines for Investigations and Enforcement of the FCPA(the “Guidelines”), the Department of Justice (DOJ) signaled that Foreign Corrupt Practices Act (FCPA) investigations and…more

Anti-Corruption, Bribery, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these…more

Acquisition Agreements, Clean Tech, Consumer Insurance Products, Liability Insurance, Merger Agreements

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US Senate Enacts Legislation to Extend the Paycheck Protection Program

After $349 billion in paycheck protection program (“PPP”) loans were exhausted in just 13 days, the U.S. Senate today enacted legislation to provide additional funding for the program, including at least $60 billion set aside…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

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A Road Not Taken: Where the US Capital Proposal Differs From Basel

On July 27, 2023, US federal banking regulators issued proposals to (i) significantly revise the riskbased regulatory capital requirements for certain midsize and larger US banking organizations (the “Capital Proposal”) and (ii)…more

Banks, Basel Committee on Banking Supervision (BCBS), Capital Requirements, Financial Institutions, Financial Regulatory Reform

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Licensing Link - June 2025

Licensing Link is a periodic publication that will keep you informed on hot topics and new developments in state licensing laws, and provide practice tips and primers on important issues related to state licensing across the…more

Buy Now Pay Later (BNPL), Consumer Protection Laws, Disclosure Requirements, Lenders, Licensing Rules

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Illinois Enacts Tax Incentives to Attract Electric Vehicle Manufacturing

In November 2021, Illinois Governor JB Pritzker signed the Reimagining Electric Vehicles Act (the “REV Act”), which, together with the recently enacted Climate and Equitable Jobs Act, further incentivizes the production and…more

Automotive Industry, Climate Action Plan, Electric Vehicles, Infrastructure, Innovative Technology

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Supreme Court Focuses NEPA Review: Implications for US Infrastructure

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy Act…more

Energy Projects, Environmental Litigation, Infrastructure, Investment, Judicial Authority

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The “Essential Use” Concept: The Commission Publishes Guiding Criteria on Limiting Most Harmful Chemicals to Essential Uses

On 22 April 2024, the Commission published a much-awaited Communication setting out guiding criteria and principles on the “essential use” concept – a key deliverable of the Chemicals Strategy for Sustainability. The “essential…more

Environmental Social & Governance (ESG), EU, European Commission, Hazardous Substances, Health and Safety

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Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for…more

Administrative Procedure Act, Bid Protests, COFC, Corporate Counsel, Federal Acquisition Regulations (FAR)

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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ESAs’ Opinion to the European Commission on the Jurisdictional Scope of Application of the EU Securitisation Regulation

The European Supervisory Authorities (the "ESAs") have published an opinion on 25 March 2021 entitled "ESAs’ Opinion to the European Commission on the Jurisdictional Scope of Application of the Securitisation Regulation" (the…more

Buy-Side Trading, Capital Requirements Regulation (CRR), EU, European Supervisory Authorities (ESAs), Financial Markets

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When Is Client Contact Information Confidential?

Confidentiality is a key consideration in any commercial endeavour. To retain a competitive edge in the market, a business will often do its utmost to maintain the confidentiality of client information and business strategies…more

Breach of Confidence, Confidential Information, Contacts List, Contract Drafting, Contract Terms

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Managing Sovereign Immunity Risk on a Transaction – What Commercial Parties Need to Know

AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its…more

Arbitration, Banks, Capital Markets, Commercial Litigation, Creditors

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EBA publishes its report on the creation of an STS framework for synthetic securitisations

Introduction - The European Banking Authority (the “EBA”) has recently published its report on the feasibility of a framework for simple, transparent and standardised (“STS”) synthetic securitisations (the “EBA Report”). The…more

Capital Requirements Regulation (CRR), EU, European Banking Authority (EBA), European Securities and Markets Authority (ESMA), Financial Markets

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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All Change at the Top: What Might New Leadership at Antitrust Regulators Around the World Mean for Global Businesses?

Over the past six months, big-hitting global competition authorities have undergone significant leadership changes. Here, we consider the impact of these developments on global businesses…more

Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Competition Authorities, Department of Justice (DOJ)

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Brazilian Ministry of Labor and Employment Postpones Effective Date of NR1 Amendments

On May 15, following the release of a recent legal update regarding the recent amendments to Regulatory Standard No. 1 (NR 1), the Ministry of Labor and Employment published Ordinance MTE No. 765/2025, which directly impacts the…more

Brazil, Employee Rights, Employer Responsibilities, Employment Policies, Federal Labor Laws

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

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Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act

Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which was…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Air Act, Energy Sector, Environmental Policies

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Decreto 11.964/24 Regulamenta os Critérios Para Enquadramento de Projetos Prioritários de Infraestrutura

Novo decreto estabelece regras que deverão ser observadas para o enquadramento de projetos como prioritários, reforçando a intenção de priorizar o enquadramento automático, com dispensa de análise prévia pelos ministérios…more

Brazil, Debentures, Energy Projects, Incentives, Infrastructure

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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Greenwashing: Navigating the Risk

The risk of an accusation of “greenwashing” is now an important concern for many companies. Greenwashing is an ill-defined concept but, nevertheless, is increasingly a source of litigation and regulatory scrutiny – with more of…more

Carbon Capture and Sequestration, Disclosure Requirements, Due Diligence, Environmental Social & Governance (ESG), EU

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Trends and Enforcement Priorities at and Around the 2025 ABA Antitrust Spring Meeting

Antitrust and competition lawyers, economists, and enforcers from around the globe gathered in Washington, DC in early April for the American Bar Association (ABA) Antitrust Section’s Spring Meeting and related events to discuss…more

American Bar Association (ABA), Antitrust Litigation, Antitrust Violations, Big Tech, Class Action

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New ANPD Regulation International Data Transfers

Scope of the Regulation - On August 23, 2024, the Brazilian Data Protection Authority (ANPD) published Resolution CD/ANPD No. 19/2024 (the “Regulation”), which addresses international transfers of personal data…more

Brazil, Data Controller, Data Processors, Data Protection, Data Protection Authority

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US DOT Allocates $615 Million for EV Charging Station Networks

Allocations of $615 million in funds for electric vehicle (EV) infrastructure in the US under the National Electric Vehicle Infrastructure Formula Program (NEVI Program) moved forward with recent publications from the US…more

Automotive Industry, Charging Stations, Climate Action Plan, Department of Transportation (DOT), Electric Vehicles

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US Inflation Reduction Act – Corporate Minimum Tax and Stock Repurchase Excise Tax

If you thought the recent price increase at your neighborhood store was inflation’s last flop, think again. The Inflation Reduction Act (“IRA”), which was signed into law by President Biden on August 16, 2022, is estimated to…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Income Taxes

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Insurance Brokerage M&A: Key Regulatory and Deal Considerations Amid Continuing Consolidation and New Entrants in Hong Kong

State of the Market in Asia - The insurance brokerage market has emerged from the challenging financial conditions and geopolitical headwinds of 2023 as a bright spot that demonstrates resilience and promises great growth…more

Acquisition Agreements, Corporate Sales Transactions, Hong Kong, Insurance Brokers, Merger Agreements

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Insurance Brokerage M&A: Key Regulatory and Deal Considerations Amid Continuing Consolidation and New Entrants in Hong Kong

State of the Market in Asia - The insurance brokerage market has emerged from the challenging financial conditions and geopolitical headwinds of 2023 as a bright spot that demonstrates resilience and promises great growth…more

Acquisition Agreements, Corporate Sales Transactions, Hong Kong, Insurance Brokers, Merger Agreements

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Going in Circles: The IRS Limits Puerto Rico Source Rules in Responding to Aggressive Tax Positions

The tax advantages for US individuals who become bona fide residents of US possessions can be substantial. These tax advantages have lured more than a few taxpayers to take unreasonably aggressive positions that they are…more

Capital Gains, Income Taxes, IRS, Puerto Rico, S-Corporation

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United States: Restrictive Covenants

The enforceability of restrictive covenants in the United States is currently governed by state law, although that may change if federal rules or legislation are enacted to address such covenants. State laws regarding…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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FCC Confirms Utilities Demand Response Communications are Permissible Under the Telephone Consumer Protection Act

On June 9, 2025, the Federal Communications Commission (“Commission”) issued a declaratory ruling clarifying that utilities may send non-telemarketing, time-sensitive “demand-response” calls and texts to customers who have…more

Demand Response, FCC, Prior Express Consent, Regulatory Authority, TCPA

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Subscription Finance: Cascading Pledges

Cascading pledges are frequently used in subscription finance to avoid legal impediments, avoid tax implications and mitigate prohibited transaction risk under the Employee Retirement Income Security Act of 1974, as amended…more

Borrowers, Collateral, Credit Facilities, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC)

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ANP Approves Studies for Three New Pre-Salt Blocks

The Brazilian Agency of Petroleum, Natural Gas and Biofuels (ANP) approved the geo-economic studies relating to three Pre-Salt Blocks in the Santos Basin—Quartzo, Calcedônia, and Opala—during the reserved session of its 1,147th…more

Brazil, Mineral Exploration, Natural Resources

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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Insight: The EU Green Bond Standard

The Council of the European Union and the European Parliament announced, on 28 February 2023, that provisional agreement on the European Green Bond Standard (the EU GBS and the Regulation) had been reached. More recently the…more

Capital Markets, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA), Green Bonds

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REVERSEinquiries Newsletter, Volume 6, Issue 1 - July 1 2025

An Overview of Which Market Disruption Events to Include for the Most Common Asset Classes under a Medium-Term Note Program - A movie scene showing a day in the life of a calculation agent would likely not survive the cutting…more

Asset Management, Capital Markets, Contract Terms, ETFs, Financial Industry Regulatory Authority (FINRA)

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CFPB Wins Reversal of Dismissal – And Key Ruling on Securitization Trusts

Earlier last week, the Consumer Financial Protection Bureau (“CFPB”) won an important court ruling in a long-running case against student loan securitization trusts. The case has a long (and for the CFPB, somewhat ignoble)…more

Consumer Financial Protection Bureau (CFPB), Dismissals, Reversal, Securitization, Structured Financial Products

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Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for…more

Administrative Procedure Act, Bid Protests, COFC, Corporate Counsel, Federal Acquisition Regulations (FAR)

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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The Impact of Tax Reform: What Equipment Leasing Companies Need to Know

The Equipment Leasing and Finance Association has published our article The Impact of Tax Reform: What Leasing Companies Need to Know (subscription required). We are also pleased to be able to make the article available in PDF…more

Business Taxes, Corporate Taxes, Heavy Equipment, Income Taxes, Net Operating Losses

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California…more

California, CIPA, Consumer Privacy Rights, Corporate Counsel, Data Collection

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To Be Or Not To Be (Solvent) - A Comparative Analysis Of Singapore, UK, US, And Australia On Recognising Foreign Proceedings Under The UNCITRAL Model Law

The recent case of Ascentra Holdings, Inc v. SPGK Pte Ltd [2023] SGCA 32 (Ascentra) has drawn a line in the sand in the Singapore court's interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (UNCITRAL Model…more

Commercial Bankruptcy, Cross-Border Insolvency Regulations (CBIR), Foreign Jurisdictions, Insolvency, UNCITRAL

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U.S. Federal Reserve Launches Main Street Lending Program by Opening Lender Registration and Updates Loan and Participation Documentation

On June 15, 2020, the Federal Reserve launched the highly anticipated Main Street Lending Program by announcing that the program is open for lender registration and encouraged lenders to begin making program loans to small and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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Some US Regulators Repropose Joint Rule on Incentive-Based Compensation

On May 6, 2024, the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the Federal Housing Finance Agency (FHFA) and National Credit Union Administration (NCUA; collectively the…more

Disclosure Requirements, Dodd-Frank, FDIC, FHFA, Financial Institutions

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The Department of Labor’s ESG-less Final ESG Rule

On October 30, 2020, the U.S. Department of Labor (“DOL”) released its final regulation (“Final Rule”) relating to a fiduciary’s consideration of environmental, social and governance (“ESG”) factors when making investment…more

Business Strategies, Corporate Governance, Corporate Social Responsibility, Department of Labor (DOL), Employee Benefits

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US Commerce Department Finalizes Rule on Connected Vehicles With Supply Chain Links to China and Russia

On January 16, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final rule (the “Final Rule”) addressing national security concerns regarding information and communications technology and…more

Automotive Industry, Bureau of Industry and Security (BIS), China, Final Rules, Hardware

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NHTSA Finalizes Vehicle Safety Act and Whistleblower Program Provisions

On December 12, 2024, the National Highway Traffic Safety Administration (NHTSA) finalized a new rule formalizing its whistleblower program and implementing the whistleblower provisions of the Vehicle Safety Act. In finalizing…more

Automotive Industry, Internal Reporting, Motor Vehicles, NHTSA, Product Defects

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The Promise and Potential of Blockchain and New UCC Article 12

Executive Summary: In the summer and fall of 2022, electronic transactions were undergoing a sea change, but riding different tides: in the summer, the Uniform Law Commission approved a set of amendments to the Uniform…more

Blockchain, Cryptocurrency, Digital Assets, E-SIGN, Electronic Data Transmissions

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Conflict Resolution: The SEC Adopts Final Rule 192 (Conflicts of Interest in Securitization Transactions)

Highlights- On November 27, 2023, the US Securities Exchange Commission (“SEC”) adopted final Securities Act Rule 192 (“Final Rule 192”) prohibiting certain conflicts of interest in securitization transactions…more

Asset-Backed Securities, Conflicts of Interest, Final Rules, Financial Transactions, Regulatory Reform

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2024 Trends in SRT Transactions

Significant risk transfer transactions or SRTs are one of the fastest growing corners of the financial markets. In this update, the opening of the US market, increasing international regulatory scrutiny and updates to the UK…more

Banks, Capital Requirements, EU, Financial Institutions, Financial Regulatory Reform

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The European Commission's Revised Market Definition Notice: a Defining Moment?

Modernising Market Definition - Market definition is a foundational concept and key tool for antitrust analysis.  On February 8, the European Commission ("EC") published a final version of its Revised Market Definition Notice…more

Antitrust Provisions, Digital Marketplace, EU, European Commission, Globalization

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Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA would…more

Arbitration Agreements, Biometric Information, Consent, Consumer Privacy Rights, Data Collection

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Fourth Circuit Reverses Findings Of Vicarious Punitive Liability Under Title VII And North Carolina Law

Making important law on the question of vicarious liability for punitive damages, the Fourth Circuit recently reversed awards of punitive damages under Title VII and North Carolina law in Ward v. AutoZoners…more

AutoZone, Civil Rights Act, Emotional Distress Damages, Hostile Environment, Punitive Damages

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Public Consultation on Proposed NDRC Rules Supporting Foreign Debt Issuance by High-Quality Enterprises

On 14 March 2024, China’s National Development and Reform and Commission (NDRC) issued a consultation paper soliciting public comments on its proposed rules providing support for the incurrence of the medium- and long-term…more

Bonds, Business Entities, China, Credit Ratings, Foreign Debt

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FCC Declares Authority and Intent to Regulate AI-Generated Calls under the TCPA

On February 8, the Federal Communications Commission (“FCC” or “Commission”) unanimously adopted a Declaratory Ruling (“Ruling”) stating that calls made with AI-generated voices are “artificial” under the Telephone Consumer…more

Artificial Intelligence, Declaratory Rulings, FCC, Regulatory Authority, Regulatory Oversight

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DOJ’s Criminal Division Updates Policy on 3 Key Topics: Artificial Intelligence, Whistleblower Programs, and Compliance Program Resources

On September 23, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri (PDAAG), speaking at the Society of Corporate Compliance and Ethics Annual Compliance & Ethics Institute, announced three key updates to US…more

Anti-Corruption, Artificial Intelligence, Compliance, Compliance Management Systems, Criminal Investigations

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PRA Consultation: Matching Adjustment Investment Accelerator (MAIA)

INTRODUCTION - The recent “Solvency UK” reforms to Solvency II represent the UK’s tailored approach to insurance prudential regulation post-Brexit, aiming to enhance flexibility and competitiveness in the insurance industry…more

Financial Regulatory Reform, Insurance Industry, Proposed Rules, Prudential Regulation Authority (PRA), Regulatory Reform

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Challenging Times Ahead For Brazilian Companies And Investors

Brazil has been the single largest recipient of foreign direct investment in Latin America for some time due to its size (7th largest economy and 2nd biggest population in the western hemisphere), its wealth of natural…more

Brazil, Capital Markets, Chapter 11, Commercial Bankruptcy, Debt Restructuring

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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US DoD Proposes Final Rule for Cybersecurity Maturity Model Certification (CMMC)

On December 26, 2023, the Department of Defense (“DoD”) published the long-awaited Proposed Final Rule for the Cybersecurity Maturity Model Certification (“CMMC”) program. At a high level, the CMMC program is a mechanism by…more

Cooperative Compliance Regime, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Sector, Department of Defense (DOD)

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EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

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Argument Shifting at the PTAB: Balancing the Right of Reply against the Petition’s Role as Case-in-Chief

A vexing issue in post-grant patent practice is understanding the limits of how far a patent challenger can deviate from the four corners of its petition during the proceeding. The petition is the challenger’s case-in-chief…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Offshore Wind: New California Law Aims to Simplify and Expedite Offshore Wind Energy Development

California recently enacted two laws—the Offshore Wind Expediting Act (SB 286) and the California Offshore Wind Advancement Act (AB 3)—to accelerate the development of offshore wind energy that could have significant…more

California, California Coastal Commission, CEQA, Clean Energy, Energy Policy

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UK Corporate Criminal Liability: Guidance issued on New Failure to Prevent Fraud Offence

INTRODUCTION - On 26 October 2023, the UK Economic Crime and Corporate Transparency Act 2023 (the "Act") received royal assent and became law. The Act introduces a new strict liability corporate criminal offence of failure to…more

Corporate Counsel, Corporate Crimes, Corporate Entities, Corporate Governance, Criminal Liability

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Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California…more

California, CIPA, Consumer Privacy Rights, Corporate Counsel, Data Collection

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Northern District of Texas Expands Fiduciary Exposure by Permitting ESG Proxy Voting Theory to Go to Trial

Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 - INTRODUCTION - On June 20, 2024, Judge Reed O’Connor in the Northern District of Texas (the “court”) denied a motion for summary judgment…more

401k, American Airlines, Breach of Duty, Class Action, Employee Benefits

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January 2025 - LATAM Intellectual Property & Data Protection Newsletter

Read the first 2025 edition of the Intellectual Property & Data Protection Newsletter, a publication from Tauil & Chequer Advogados in association with Mayer Brown. In this newsletter, Counsel Cristiane Manzueto and associate…more

Artificial Intelligence, Bitcoin, Copyright, Cryptocurrency, Cybersecurity

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Business Development Companies: Facts & Stats

In recent years, private non-bank lending to private equity-owned, small- and middle-market companies has increased significantly. Within this growing sector, private and non-traded BDCs have outperformed other non-bank lenders…more

BDC, Business Development Companies, Capital Markets, Consumer Financial Products, Financial Services Industry

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Insurance Technology and Innovation: Meeting Consumer Demands

The way consumers purchase goods and services is rapidly changing, and insurance is no exception. AI, advanced analytics, smart devices and other technologies are enabling new capabilities, and insurance companies, together with…more

Consumer Insurance Products, Innovation, Insurance Contracts, Insurance Industry, Insurtech

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US Banking Regulators Propose Enhanced Supplementary Leverage Ratio Reform

Last week, the US federal banking regulators proposed changes to the enhanced supplementary leverage ratio (“eSLR”) requirement for US global systemically important bank holding companies (“US GSIBs”) (the “Proposal”)…more

Banking Regulators, Banking Sector, Basel III, Capital Markets, Capital Requirements

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DOT and NHTSA Announce Autonomous Vehicle Framework

On April 24, 2025, US Transportation Secretary Sean P. Duffy announced a new National Highway Traffic Safety Administration (NHTSA) Automated Vehicle (AV) Framework as part of the Department of Transportation’s (DOT) agenda to…more

Automated Systems, Automotive Industry, Department of Transportation (DOT), Government Agencies, Innovation

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United States Senate Finance Committee Makes Changes to Clean Energy Provisions of the Proposed One Big Beautiful Bill

On June 16, 2025, the US Senate Committee on Finance released its legislative text (the “Senate Finance Committee version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under…more

Budget Reconciliation, Clean Energy, Energy Policy, Inflation Reduction Act (IRA), Investment Tax Credits

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ANTAQ Publishes New Guidelines on Transfer of Corporate Control in Port Contracts

The Brazilian National Agency for Waterway Transportation (ANTAQ) published Resolution No. 128/2025 (RN 128/2025), revising the procedures for the transfer of corporate control under port authority concession contracts, lease…more

Acquisition Agreements, Brazil, Change in Control, Corporate Governance, Inland Waterways

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Direito Tributário em Destaque | Especial Reforma Tributária – Créditos na Transição

Com a proximidade da implementação das primeiras mudanças da Reforma Tributária, aprovada pela Emenda Constitucional n.º 132/2023, um dos principais temas de interesse dos contribuintes envolve a transição em relação aos…more

Brazil, Business Taxes, New Legislation, State Taxes, Tax Credits

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Brazil Introduces Regulations on the Importation of Solid Waste and Tailings

The Brazilian government published Decree No. 12,451/2025 (the “New Decree”), which regulates Article 49, §1 of the National Solid Waste Policy (Law No. 12,305/2010), establishing exceptions to the ban on importing solid waste…more

Brazil, Environmental Policies, Hazardous Substances, Imports, International Trade

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Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial Decisions

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The matter…more

Appeals, Brazil, Judicial Authority, Statute of Limitations, Tax Credits

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6 Strategies for Managing Enterprise Risk

Today’s ever-changing global threat environment—shaped by factors including geopolitical upheaval, sanctions, cyberthreats and ransomware attacks, pandemics and natural disasters, and artificial intelligence and emerging…more

Corporate Governance, Cyber Threats, Cybersecurity, Enterprise Risks, Multinationals

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Delaware Law Alert: Conditions Precedent Under the Microscope—Key Lessons for M&A Agreements

In Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC,1 the Delaware Supreme Court recently adopted a complex framework for determining when noncompliance or partial compliance with a…more

Breach of Contract, Condition Precedent, Contract Disputes, Delaware, Dispute Resolution

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A sustainable automotive sector in the United Kingdom – FAQs on the new UK Battery Strategy

What is the new UK Battery Strategy and why is it important to the automotive sector? On 26 November 2023, the UK Government Department for Business and Trade published the UK Battery Strategy (the "Battery Strategy"),…more

Automotive Industry, Batteries, Electric Vehicles, Investment, Lithium Batteries

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US House Rules Committee Modifies the “Build Back Better Act”

In less than a week, the Rules Committee of the US House of Representatives (the “Rules Committee”) released two versions of modified legislative text of H.R. 5376, the Build Back Better Act. The first version was released on…more

Alternative Minimum Tax, Biden Administration, Carbon Emissions, Clean Energy, Corporate Taxes

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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Past Guidance is No Assurance of Future Guidance: SEC Staff Reverses Course with New Marketing Rule FAQs on Extracted Performance and Portfolio Characteristics

AT A GLANCE - On March 19, the SEC released updated guidance for compliance with Rule 206(4)-1 under the Investment Advisers Act of 1940, with two major revisions: (i) an update to prior guidance regarding the use of extracted…more

Compliance, Disclosure Requirements, Investment Adviser, Investment Management, Regulatory Requirements

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Fifth Circuit Vacates Private Fund Adviser Rules

On June 5, 2024, a three-judge panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit”) unanimously vacated the rule adopted by the US Securities and Exchange Commission (the “SEC”) to enhance the regulation of “private…more

Final Rules, Investment, Investment Advisers Act of 1940, Investment Management, Private Funds

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The White House Announces Sweeping “Reciprocal Tariffs”

On April 2, 2025, President Donald Trump signed an Executive Order designed to address the threat posed to the United States by trade deficits…more

Ad Valorem Tax, Aluminum Sales, Executive Orders, Exports, Foreign Policy

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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2021 SEC Filing Deadlines and Financial Statement Staleness Dates

This Legal Update summarizes the US Securities and Exchange Commission’s 2021 calendar year filing deadlines and financial statement staleness dates. …more

Corporate Governance, Filing Deadlines, Financial Statements, Foreign Private Issuers, Publicly-Traded Companies

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Arbitration Act 2025 | Part 3: What Did Not Change?

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series…more

Anti-Corruption, Appeals, Arbitration, Arbitrators, Dispute Resolution

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REITs’ Clean Energy Tax Credits Transfer Options Under IRA Clarified in Final Regulations

On April 25, 2024, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations (T.D. 9993) (the “final regulations”) concerning the election to transfer certain tax credits…more

Clean Energy, Final Rules, Internal Revenue Code (IRC), IRS, REIT

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Maryland Update on Licensing Guidance

AT A GLANCE - In response to market concerns regarding licensing guidance for assignees of certain residential mortgage loans and installment loans released by the Maryland Office of Financial Regulation in January, that agency…more

Consumer Financial Products, Enforcement, Financial Institutions, Financial Services Industry, Loans

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

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DGCL Amendments Proposed to Address Recent Delaware Court of Chancery Decisions Affecting Stockholder Agreements, Board Approvals of Merger Agreements and Damages for Lost Stockholder Premiums

Three recent decisions from the Delaware Court of Chancery (the “Court”) have upended long-standing market practice related to, among other matters, stockholder agreements, board approvals of merger agreements and the…more

Corporate Governance, Delaware General Corporation Law, Elon Musk, Merger Agreements, Shareholder Litigation

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Global 2024 Insurtech Trends

The insurtech industry experienced some challenges in 2024, with notable shifts in funding, deal activity, and strategic investments, according to CB Insights’ State of Insurtech 2024 report.  The report highlights a number of…more

Financial Services Industry, FinTech, Funding, Insurtech, Investment

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US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring Real Estate – But Only for Two Individual Plaintiffs

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which prohibits…more

CFIUS, China, Commercial Real Estate Contracts, FIRRMA, Florida

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Trends and Enforcement Priorities from the 2024 ABA Antitrust Spring Meeting

Last week, a Mayer Brown team joined over 4,000 lawyers from around the globe—including top enforcers from the US Federal Trade Commission (“FTC”), Department of Justice (“DOJ”), and the European Union (“EU”)—to discuss new…more

Anti-Competitive, Anti-Monopoly, Antitrust Provisions, Competition, Corporate Sales Transactions

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How California’s Climate Disclosure Law Impacts Lenders in Subscription Credit Facilities

EXECUTIVE SUMMARY - As part of its Climate Accountability Package, California passed a law last year that creates disclosure requirements related to greenhouse gas (“GHG”) emissions for thousands of U.S. companies, including…more

California, Climate Change, Credit Facilities, Disclosure Requirements, Environmental Social & Governance (ESG)

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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Governo de Minas Gerais cria agência reguladora de Transportes

O Governo do Estado de Minas Gerais deu um passo significativo no fortalecimento do marco regulatório do setor de transportes ao aprovar a instituição da Agência Reguladora de Transportes do Estado de Minas Gerais (Artemig) e do…more

Brazil, Government Agencies, Infrastructure, New Legislation, New Regulations

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Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In a…more

Appeals, Appellate Courts, Business Court, Business Litigation, Commercial Litigation

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

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Mexico – CRE Fixes Maximum LP Gas Prices after SENER Issues Emergency Guideline

After a brief review before the Federal Regulatory Improvement Commission (Comisión Nacional de Mejora Regulatoria, “CONAMER”), on July 28, 2021, the Ministry of Energy (Secretaría de Energía, “SENER”) published in the Federal…more

Energy Policy, Energy Reform, Infrastructure, Mexico, Oil & Gas

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PGFN/MF Ordinance No 95/2025: Request for Dismissal of Tax Guarantee Decided by Cast CARF Vote

On January 20, 2025, the PGFN/MF Ordinance No. 95/2025 (the “Ordinance”) was published in the Federal Official Gazette, regulating the dismissal of debt guarantees arising from a cast vote of the Federal Government at the…more

Brazil, Debt Collection, Income Taxes, Tax Liability, Tax Planning

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Audit Committees: Are They Overworked?

On June 22, 2023, the SEC’s Investor Advisory Committee hosted a panel discussion regarding audit committee workload and transparency.  The panel was led by James Andrus, with presentations of new research by Lauren Cunningham…more

Audit Committee, Board of Directors, Risk Allocation, Securities and Exchange Commission (SEC), Securities Regulation

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US Congressional Investigations Continue to Pick Up Steam as 2024 Begins

As the 2024 legislative session commences, Congress is poised to focus on conducting investigations of not only the Biden administration but also the private sector. With most legislative activity largely stalled until after the…more

Biden Administration, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight, Legislative Agendas

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US – Storing CO2 And Lowering Emissions (SCALE) Act

On March 17, 2021, U.S. Senators Chris Coons (D-Del.) and Bill Cassidy, M.D. (R-La.) and U.S. Representatives Marc Veasey (D-Texas) and David McKinley (R-W.Va.) introduced the Storing CO2 And Lowering Emissions (SCALE) Act…more

Carbon Capture and Sequestration, Energy Policy, Energy Reform, Federal Funding, Legislative Agendas

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Subscription Finance: Commingling Collateral Accounts

For loans primarily secured by a cash flow stream, subscription facility lenders heavily depend on collateral accounts as a key element of the security package. In this Legal Update, we delve into why subscription facilities…more

Borrowers, Capital Contributions, Collateral, Commingling, Financial Institutions

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How the Automatic Stay in Bankruptcy Can Affect Net Asset Value Facilities

Executive Summary - In net asset value (NAV) facilities, the borrowing capacity typically adjusts to reflect changes to the value of the underlying investment portfolio, and borrowers face the risk of potential borrowing base…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Creditors, Debtors

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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Direito Tributário em Destaque | Especial Reforma Tributária – Créditos na Transição

Com a proximidade da implementação das primeiras mudanças da Reforma Tributária, aprovada pela Emenda Constitucional n.º 132/2023, um dos principais temas de interesse dos contribuintes envolve a transição em relação aos…more

Brazil, Business Taxes, New Legislation, State Taxes, Tax Credits

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SEC Disclosure Considerations Following Bank Sector Disruptions

Recent failures of certain domestic and international banks and resulting government intervention, acquisitions and subsequent developments have resulted in significant disruption in the bank sector. Compliance with U.S…more

Banking Crisis, Business Disruption, Form 10-K, Form 10-Q, Form 8-K

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The Misrepresentation of Moths – Lessons from a Yarn

It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring and…more

Breach of Contract, Contract Disputes, Damages, Disclosure Requirements, Fraud

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US Department of Labor Substantially Expands Eligibility for Overtime Pay

On April 23, 2024, the US Department of Labor (“DOL”) announced a final rule on overtime pay, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

See all updates »

Cross-Jurisdictional Clashes In the RCA v. Linde Dispute: Latest Developments

AT A GLANCE - It is important for foreign investors with assets and operations in Russia to know the options available to them and how different options may impact their investment protection and chances of bringing credible…more

Anti-Suit Injunctions, Arbitration, Dispute Resolution, Economic Sanctions, Enforcement Actions

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Clawback and Malus Provisions in the U.S. and Brazil: A Comparative Overview

In today's corporate governance landscape, clawback and malus provisions have become key tools for promoting accountability and integrity. By incorporating these provisions, companies aim to align executive actions with the…more

Board of Directors, Brazil, Business Entities, Capital Markets, Clawbacks

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Heightened Enforcement Risks and Opportunities in International Trade

On April 2, 2025, the Trump Administration imposed a sweeping new set of tariffs against imported goods as part of its efforts to remake the framework for international trade…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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Licensing Link - June 2025

Licensing Link is a periodic publication that will keep you informed on hot topics and new developments in state licensing laws, and provide practice tips and primers on important issues related to state licensing across the…more

Buy Now Pay Later (BNPL), Consumer Protection Laws, Disclosure Requirements, Lenders, Licensing Rules

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Country Classification, Updated FAQ and Guidance, Draft Delegated Regulation: EUDR Compliance Made Easier?

On 22 May 2025, the European Commission (“Commission”) made public risk classification of countries under the EU Deforestation Regulation (“EUDR”)1 which assigned a low level of risk to 140 countries and high level of risk to 4…more

Compliance, Due Diligence, Environmental Social & Governance (ESG), EU, European Commission

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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SEC Proposes New Rules on Public Company Cybersecurity Disclosures

Background - On March 9, 2022, the U.S. Securities and Exchange Commission (the “SEC”) released proposed amendments (the “Proposed Amendments”) aimed at enhancing and standardizing disclosure relating to cybersecurity risks…more

Business Development Companies, Comment Period, Cyber Incident Reporting, Cybersecurity, Data Breach

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French Court Rejects Attempt to Use Civil Code to Usurp Brussels Recast Principles on Jurisdiction

In a decision issued on 2 April 2025, the French Cour de Cassation considered the validity of a jurisdiction clause under Article 25(1) of the Brussels Recast1. The French court rejected an attempt to invoke French national…more

Choice-of-Law, Civil Code, Contract Disputes, Contract Terms, Court of Cassation

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SEC Charges Five Registered Investment Advisers for Marketing Rule Violations

The US Securities and Exchange Commission (“SEC”) recently settled charges against five registered investment advisers for violations of Rule 206(4)-1 (“Marketing Rule”) under the Investment Advisers Act of 1940, as amended…more

Capital Markets, Enforcement Actions, Investment Adviser, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC)

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US DOJ and FTC join G7 Competition Authorities in Promising Vigorous Competition Enforcement in the AI Industry

On October 3 and 4, 2024, the US Department of Justice Antitrust Division (the “Antitrust Division”) and the Federal Trade Commission (FTC) participated in the G7 Competition Authorities and Policymakers’ Summit in Rome to…more

Antitrust Division, Antitrust Provisions, Artificial Intelligence, Competition, Department of Justice (DOJ)

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Decreto 11.964/24 Regulamenta os Critérios Para Enquadramento de Projetos Prioritários de Infraestrutura

Novo decreto estabelece regras que deverão ser observadas para o enquadramento de projetos como prioritários, reforçando a intenção de priorizar o enquadramento automático, com dispensa de análise prévia pelos ministérios…more

Brazil, Debentures, Energy Projects, Incentives, Infrastructure

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The “Essential Use” Concept: The Commission Publishes Guiding Criteria on Limiting Most Harmful Chemicals to Essential Uses

On 22 April 2024, the Commission published a much-awaited Communication setting out guiding criteria and principles on the “essential use” concept – a key deliverable of the Chemicals Strategy for Sustainability. The “essential…more

Environmental Social & Governance (ESG), EU, European Commission, Hazardous Substances, Health and Safety

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between arbitration…more

Arbitration, Arbitration Agreements, Contractors, Court of Cassation, Dispute Resolution

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Heightened Enforcement Risks and Opportunities in International Trade

On April 2, 2025, the Trump Administration imposed a sweeping new set of tariffs against imported goods as part of its efforts to remake the framework for international trade…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

See all updates »

Trends and Enforcement Priorities at and Around the 2025 ABA Antitrust Spring Meeting

Antitrust and competition lawyers, economists, and enforcers from around the globe gathered in Washington, DC in early April for the American Bar Association (ABA) Antitrust Section’s Spring Meeting and related events to discuss…more

American Bar Association (ABA), Antitrust Litigation, Antitrust Violations, Big Tech, Class Action

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English Court Rules on Conflicting Jurisdiction and Arbitration Clauses

The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a…more

Arbitration, Arbitration Agreements, Breach of Contract, Commercial Litigation, Contract Terms

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Mexico’s Controversial Judicial Reform Takes Effect: Assessing its Impact

15 September 2024 was a landmark day for Mexico as President López Obrador’s controversial judicial reform (the “Judicial Reform”) was signed into law, making Mexico one of the few countries in the world to elect its judiciary…more

Dispute Resolution, Judges, Judicial Appointments, Judicial Reform, Mexico

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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Convertible Bonds: An Issuer’s Guide (2025)

Introduction - Convertible bonds are, customarily, fixed rate debt instruments issued by a company (the “issuer”), the terms of which allow the holders of the bonds to convert them into ordinary shares (common stock) of the…more

Bonds, Capital Markets, Convertible Bonds, Financial Instruments, Investment

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B3 divulga aditamento ao edital de audiência restrita para aprovação do regulamento do Novo Mercado com mudança no processo de votação do Regulamento Base

A B3 S.A. – Brasil, Bolsa, Balcão (B3) divulgou ontem, dia 29 de maio de 2025, um aditamento ao Edital de Audiência Restrita nº 01/2025 – DIE (Edital), que permite a participação das companhias listadas no Novo Mercado na…more

Brazil, Capital Markets, Corporate Governance, Publicly-Traded Companies, Regulatory Requirements

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Protecting Against Vendor Bankruptcy in Service and License Agreements

When one of your key technology customers or vendors files for bankruptcy, what is the impact on your company? And what can your company do to mitigate the impact? Join Mayer Brown counsel Monique Mulcare and partners Richard…more

Best Practices, Commercial Bankruptcy, License Agreements, Service Agreements, Vendors

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US – Storing CO2 And Lowering Emissions (SCALE) Act

On March 17, 2021, U.S. Senators Chris Coons (D-Del.) and Bill Cassidy, M.D. (R-La.) and U.S. Representatives Marc Veasey (D-Texas) and David McKinley (R-W.Va.) introduced the Storing CO2 And Lowering Emissions (SCALE) Act…more

Carbon Capture and Sequestration, Energy Policy, Energy Reform, Federal Funding, Legislative Agendas

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Sustainable Commercial Paper: Short-Term Paper, Long-Term Impact

Over the past few years, we have seen growing interest in Commercial Paper (CP) programmes with a sustainable focus. Traditionally used by corporations, financial institutions, sovereigns, and other issuers for short-term…more

Capital Markets, Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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BioUtah Podcast with Vera Nackovic

Join BioUtah president & CEO Kelvyn Cullimore and Mayer Brown’s Vera Nackovic in a discussion about current trends and issues in the life sciences industry…more

Biologics, Biosimilars, Biotechnology, Intellectual Property Protection, Life Sciences

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Angola Incremental Production Decree and Other Ongoing Developments

On November 20, 2024, Angola enacted Presidential Decree 8/24 on Oil & Gas Incremental Production (“Incremental Production Decree”). This legal statute creates a new special legal and tax framework aimed to promote additional…more

Angola, Energy Projects, Energy Sector, Income Taxes, Offshore Drilling

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SEC Division of Examinations Announces 2025 Exam Priorities

On October 21, 2024, the Division of Examinations (“EXAMS” or the “Division”) of the U.S. Securities and Exchange Commission (“SEC”) released its examination priorities (the “2025 Priorities”) for fiscal year 2025 (which started…more

Artificial Intelligence, BSA/AML, Cryptoassets, Financial Markets, Financial Services Industry

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What’s the Deal? – Stock Repurchase Programs: Useful Reminders

As the pandemic has taken hold, there has been a predictable decline in stock repurchase activity; however, many issuers are evaluating restarting their programs or undertaking new programs.  In this What’s the Deal guide, we…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Infectious Diseases, Publicly-Traded Companies

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Câmara do Mercado abre consulta pública sobre proposta de atualização para regulamento de arbitragem

A Câmara do Mercado iniciou uma consulta pública para receber contribuições sobre a proposta de atualização de seu Regulamento de Arbitragem. A iniciativa tem como objetivo promover a modernização e a simplificação de diversos…more

Arbitration, Brazil, Dispute Resolution, Regulatory Agenda, Regulatory Requirements

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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Supreme Court Focuses NEPA Review: Implications for US Infrastructure

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy Act…more

Energy Projects, Environmental Litigation, Infrastructure, Investment, Judicial Authority

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UK Election Bulletin: What would a Labour government mean for businesses?

Overview - On 22 May 2024, UK Prime Minister Rishi Sunak announced that he had requested permission from King Charles III to dissolve parliament and call a general election. The election will take place on 4 July 2024…more

Competition, Corporate Taxes, Employee Rights, Energy Policy, Financial Regulatory Reform

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Sixth Circuit Invalidates Tennessee’s Punitive-Damages Cap and Holds That Punitive Damages Are Available Under Tennessee Law For Bad-Faith Denial Of Insurance Benefits

Should divided panels of federal appellate courts really be deciding state-law issues of first impression? That’s what happened last month in Lindenberg v. Jackson National Life Insurance Co. In Lindenberg, two Sixth Circuit…more

Appeals, Bad Faith, Breach of Contract, Constitutional Challenges, Damage Caps

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Section 363 Sales Considerations

Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy through a…more

Bankruptcy Code, Buyers, Commercial Bankruptcy, Creditors, Debtors

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IRS Releases Final Energy Property Regulations Under Section 48 Investment Tax Credit

On December 4, 2024, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations, TD 10015, (the “Final Regulations”), which provide guidance on the definition of energy…more

Energy Policy, Energy Projects, Final Rules, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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Fifth Circuit Vacates Private Fund Adviser Rules

On June 5, 2024, a three-judge panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit”) unanimously vacated the rule adopted by the US Securities and Exchange Commission (the “SEC”) to enhance the regulation of “private…more

Final Rules, Investment, Investment Advisers Act of 1940, Investment Management, Private Funds

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Securitization – What to Expect in 2024

Please join Mayer Brown partners Tameem Zainulbhai, Joanna Nicholas, Melissa Kilcoyne, Evan DeCresce and Jim Antonopoulos for a discussion on What to Expect in 2024 in the fields of structured finance and securitization. They…more

Capital Markets, Financial Services Industry, Global Dealmaking, Global Market, Investors

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Argentina Passes Sweeping Economic Reforms: Deregulation, Privatizations, and Promotion of Private Investments in Large Projects

On June 27, 2024, the Argentine Congress passed Argentine Law No. 27,742, translated in English as the “Bases and starting points for the liberty of the Argentine people” and commonly referred to in Spanish as the “Ley Bases.”…more

Argentina, Energy Policy, Incentives, Infrastructure, Investment

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Challenging Times Ahead For Brazilian Companies And Investors

Brazil has been the single largest recipient of foreign direct investment in Latin America for some time due to its size (7th largest economy and 2nd biggest population in the western hemisphere), its wealth of natural…more

Brazil, Capital Markets, Chapter 11, Commercial Bankruptcy, Debt Restructuring

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US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring Real Estate – But Only for Two Individual Plaintiffs

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which prohibits…more

CFIUS, China, Commercial Real Estate Contracts, FIRRMA, Florida

See all updates »

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Navigating Recent Amendments To The Delaware General Corporation Law: Governing Conflicted Transactions

In this episode, Mayer Brown partners Andrew Noreuil and Brian Massengill discuss this year’s amendments to the Delaware General Corporation Law, which have fundamentally altered the landscape for conflicted transactions. Our…more

Board of Directors, Conflicts of Interest, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Russia/Ukraine Sanctions Update - Month of May 2025

I. U.S. Sanctions - President Trump Threatens Sanctions on Russia Following Drone Attack on Ukraine: On May 28, Bloomberg reported that President Trump said he was “‘absolutely’ considering new sanctions against Russia as…more

Economic Sanctions, EU, Export Controls, Foreign Policy, HM Treasury

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UK Regulatory Update - Asset Management Sector - Quarterly Newsletter Q1 2025

Mayer Brown’s UK Regulatory Update is a quarterly newsletter for the asset management sector. In this edition, covering Q1 2025, we look at consultations relating to the UK AIFMD framework, reporting and notification…more

Alternative Investment Fund Managers Directive (AIFMD), Asset Management, Capital Markets, Consultation, Financial Conduct Authority (FCA)

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A Return to Investment Neutrality? DOL Rescinds Guidance Discouraging Plan Fiduciaries from Considering Cryptocurrencies

On May 28, 2025, the US Department of Labor (the “Labor Department”) issued Compliance Assistance Release No. 2025-01 (the “2025 Release”), memorializing the Labor Department’s decision to rescind Compliance Release No…more

401k, Cryptocurrency, Department of Labor (DOL), Digital Assets, Employee Benefits

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CNJ: Liminar Permite Alienação Fiduciária por Instrumento Particular

No dia 27 de novembro de 2024, o Corregedor Nacional de Justiça, Ministro Mauro Campbell Marques, deferiu uma liminar que reestabelece temporariamente a possibilidade de qualquer pessoa ou entidade formalizar alienações…more

Brazil, Fiduciary, Foreclosure, Preliminary Injunctions, Real Estate Financing

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All Change at the Top: What Might New Leadership at Antitrust Regulators Around the World Mean for Global Businesses?

Over the past six months, big-hitting global competition authorities have undergone significant leadership changes. Here, we consider the impact of these developments on global businesses…more

Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Competition Authorities, Department of Justice (DOJ)

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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Energy Tax Implications of the Administration’s FY2022 Budget Tax Proposals

On May 28, 2021, the Biden administration (the “Administration”) released its FY2022 budget (the “Budget”), which includes proposed investments related to infrastructure, clean energy and research and development. Alongside the…more

Air Pollution, Biden Administration, Corporate Taxes, Federal Budget, Federal Funding

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Proposed Revisions to the EU Securitisation Framework

On 17 June the European Commission published its long-awaited legislative proposals for reviving the European securitisation market (the proposals). This is a significant and wide-ranging package of reforms, aimed at reducing…more

Banking Sector, Capital Requirements, Due Diligence, EU, European Commission

See all updates »

Section 363 Sales Considerations

Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy through a…more

Bankruptcy Code, Buyers, Commercial Bankruptcy, Creditors, Debtors

See all updates »

SBA Releases Guidance on PPP Small Business Loans

The Small Business Administration (SBA) released an interim final rule this evening outlining key provisions of the SBA’s Paycheck Protection Program (PPP) and the provisions of the CARES Act relating to loan forgiveness. The…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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SEASON 2: Galactic Justice: Navigating the Frontiers of Space Law

In the first episode of season 2 of our ‘Across the Pond’ podcast, Charles and Kwadwo are joined by colleague Rachael O’Grady, arbitration partner and head of Mayer Brown’s Space & Satellite Group, as well as being joined also…more

Arbitration, Commercial Litigation, Contract Disputes, Dispute Resolution, International Arbitration

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The Spectrum of Loan Portfolio Backleverage Options: A Primer for Private Credit Funds

EXECUTIVE SUMMARY - There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by…more

Capital Markets, Collateral, Credit, Credit Funds, Debt

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Legacy CMBS Added as Eligible Collateral under TALF Program

Last week, the Federal Reserve announced additional actions to support the U.S. economy, which included expanding its Term Asset-Backed Securities Loan Facility (“TALF 2020”) to include legacy commercial mortgage-backed…more

Asset-Backed Securities, CMBS, Collateral, Collateralized Loan Obligations, Federal Reserve

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TALF 2020 Update: Federal Reserve Bank of New York Releases FAQs and Revised Term Sheet

On May 12, 2020, the Federal Reserve Bank of New York (“FRBNY” or the “Fed”) issued new Frequently Asked Questions1 and a revised term sheet2 in connection with the Term Asset-Backed Securities Loan Facility (“TALF 2020”). This…more

Asset-Backed Securities, Eligibility Determination, FRBNY, Loans, Special Purpose Vehicles

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TALF 2020 and CLOs: Progress in the Right Direction, but Has Enough Changed?

On May 12, 2020, the Federal Reserve Bank of New York (the “New York Fed”) announced the issuance of updated Terms and Conditions1 and a Frequently Asked Questions document (the “FAQs”)2 regarding the 2020 Term Asset-Backed…more

Asset-Backed Securities, CMBS, Collateralized Loan Obligations, Eligibility Determination, Libor

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US Banking Regulators Propose Enhanced Supplementary Leverage Ratio Reform

Last week, the US federal banking regulators proposed changes to the enhanced supplementary leverage ratio (“eSLR”) requirement for US global systemically important bank holding companies (“US GSIBs”) (the “Proposal”)…more

Banking Regulators, Banking Sector, Basel III, Capital Markets, Capital Requirements

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Alaska Joins California in Requiring Cancer Warning Signs for Alcohol Sales

Under a bill that became law on April 25, Alaska bars and liquor stores will now be required to post signage warning of alcohol’s alleged link to colon and breast cancer. Set to take effect on August 1, this marks the first time…more

Alaska, California, Cancer, New Legislation, Public Health

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Mexican Independent Regulatory Agencies in the Energy Sector to Be Absorbed by Ministry of Energy

On December 20, 2024, Mexico amended its Constitution to pass control of the energy sector from two independent regulators to its executive branch. Before this reform, the Energy Regulatory Commission (CRE) and the National…more

Competition, Energy Market, Energy Sector, Mexico, Oil & Gas

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Congress Proposes a ‘Big Stick’ to Target Discriminatory Tax Measures

At the onset of its second term, the Trump Administration made clear that the United States opposed the current status of the design and implementation of the Global Anti-Base Erosion Model Rules, (“GloBE” or “Pillar 2”)…more

Corporate Taxes, International Tax Issues, OECD, Proposed Legislation, Tax Policy

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SEC Adopts Amendments to Rule 10b5-1’s Affirmative Defense to Insider Trading Liability & Related Disclosures

On December 14, 2022, the Securities and Exchange Commission (the “SEC”) unanimously adopted amendments (the “amendments”) to Rule 10b5-1 under the Securities Exchange Act of 1934 (the “Exchange Act”) and related disclosure…more

10b5-1 Plans, Affirmative Defenses, Corporate Governance, Disclosure Requirements, Insider Trading

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The JCT Design and Build 2024 has arrived: here are some of the key changes

The JCT Design and Build 2024 contract has now been released, marking the first major update to the JCT Design and Build standard form since 2016.  The changes are a lot more significant than the updates made last time around…more

Construction Project, Design Professionals, Design-Build, Real Estate Development, UK

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SEC Proposes Amendments to Rule 10b5-1’s Affirmative Defense to Insider Trading Liability

On December 15, 2021, the Securities and Exchange Commission (the “SEC”) proposed amendments (the “proposal”) to Rule 10b5-1 under the Securities Exchange Act of 1934 (the “Exchange Act”) and related disclosure obligations for…more

10b5-1 Plans, Disclosure Requirements, Insider Trading, Material Nonpublic Information, Proposed Amendments

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Brazil Tax News: Laws, Provisional Measures, Normative Instructions, and Bill of Law Approved at End of December 2023

Several new rules were approved on December 28, 2023, all extremely relevant to tax law. Our tax team summarizes some of the more relevant new rules..…more

Brazil, International Tax Issues, Tax Benefits, Tax Debt, Tax Liability

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Treasury Issues Final Regulations on Technology Neutral Clean Energy Projects

On January 7, 2025, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations (the “Final Regulations”) relating to technology-neutral tax credits for clean energy projects…more

Clean Energy, Energy Sector, Final Rules, Greenhouse Gas Emissions, Inflation Reduction Act (IRA)

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Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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CNJ: Liminar Permite Alienação Fiduciária por Instrumento Particular

No dia 27 de novembro de 2024, o Corregedor Nacional de Justiça, Ministro Mauro Campbell Marques, deferiu uma liminar que reestabelece temporariamente a possibilidade de qualquer pessoa ou entidade formalizar alienações…more

Brazil, Fiduciary, Foreclosure, Preliminary Injunctions, Real Estate Financing

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UK Supreme Court rules that all fossil fuel projects must be assessed for future impact

The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent developments…more

Energy Policy, Greenhouse Gas Emissions, Infrastructure, Mineral Extraction, Oil & Gas

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The Curious Case of the disappearing Freehold: Lulham v Crown Estate Commissioners [2025]

What happens when the freeholder not just disappears, but the very freehold itself ceases to exist? We know from case law that when a freehold escheats, the derivative interests such as mortgages and leases survive, however a…more

Companies Act, Corporate Dissolution, Landlords, Leaseholds, Property Ownership

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DGCL Amendments Proposed to Address Recent Delaware Court of Chancery Decisions Affecting Stockholder Agreements, Board Approvals of Merger Agreements and Damages for Lost Stockholder Premiums

Three recent decisions from the Delaware Court of Chancery (the “Court”) have upended long-standing market practice related to, among other matters, stockholder agreements, board approvals of merger agreements and the…more

Corporate Governance, Delaware General Corporation Law, Elon Musk, Merger Agreements, Shareholder Litigation

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Private Equity in Healthcare: Increased Scrutiny from FTC, DOJ, and HHS

Private equity acquisitions in healthcare will likely face increased scrutiny from multiple federal departments, as well as from state antitrust enforcement officials…more

Acquisition Agreements, Antitrust Provisions, Comment Period, Competition, Department of Health and Human Services (HHS)

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American Arbitration Association Announces New Consumer and Employment Arbitration Rules

The American Arbitration Association has announced a number of changes to its arbitration rules for consumer and workplace disputes. Businesses should review the changes and consider updating their arbitration agreements…more

American Arbitration Association, Arbitration, Arbitration Agreements, Consumer Protection Laws, Employment Litigation

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Prix de transfert : le Conseil d’État rappelle les exigences probatoires de l’article 57 du CGI

En matière de prix de transfert, le Conseil d’Etat retient que la constatation de pertes récurrentes ou de marges nettes inférieures à celles d'entreprises comparables n'est pas de nature, à elle seule, à présumer de l'existence…more

Appeals, France, Judicial Authority, Taxation, Transfer Pricing

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Outlook for Energy and Tax Policy in 2025

While we await the outcome of the upcoming US elections, stakeholders in the energy tax and policy space should recognize that, regardless of the outcome of the election, there will be plenty of activity in the energy sector in…more

Corporate Taxes, Energy Policy, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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Convertible Bonds: An Issuer’s Guide (2025)

Introduction - Convertible bonds are, customarily, fixed rate debt instruments issued by a company (the “issuer”), the terms of which allow the holders of the bonds to convert them into ordinary shares (common stock) of the…more

Bonds, Capital Markets, Convertible Bonds, Financial Instruments, Investment

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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US China Trade Monthly - December 2024

As global economic and geopolitical environments enter a new era, companies need to continuously develop and adjust their coherent global business strategies to secure and further expand business opportunities in all markets…more

Acquisitions, Artificial Intelligence, Bureau of Industry and Security (BIS), Business Opportunities, Business Strategies

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Be Prepared for “EDGAR Next” Changes So You Aren’t Locked Out of EDGAR Right Before a Filing Deadline

On September 27, 2024, the US Securities and Exchange Commission (SEC) adopted amendments to Rules 10 and 11 of Regulation S-T, Form ID, and the EDGAR Filer Manual, all of which will change the way filers access and manage their…more

Capital Markets, E-Filing, E-Signatures, EDGAR, Filing Deadlines

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New Resolution Regulates the Operation of Areas and Facilities of Organized Ports

National Waterway Transport Agency (ANTAQ) published on April 9, 2025, the Resolution No. 127/2025 (“Resolution 127”), regulating the operation of port areas and facilities located within the boundaries of organized ports. The…more

Breach of Contract, Contract Terms, Disclosure Requirements, Government Agencies, Maritime Transport

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That’s the Ticket? Plaintiffs’ Lawyers Target Ticketing Service Fees in New York

Plaintiffs’ counsel have launched a wave of lawsuits against New York venues and ticket platforms, invoking a recently-enacted provision of New York’s Arts and Cultural Affairs Law. According to these lawsuits, these businesses…more

Disclosure Requirements, Entertainment Industry, Entertainment Venues, Event Tickets, Fees

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Private Credit Portfolio Back Leverage

AT A GLANCE - The rise of the direct lending market has led to a dramatic rise in supporting liquidity strategies to optimize the market.  These strategies include the use of financings to provide market participants with…more

Capital Markets, Financial Institutions, Financial Services Industry, Investment Funds, Lenders

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Mexican Independent Regulatory Agencies in the Energy Sector to Be Absorbed by Ministry of Energy

On December 20, 2024, Mexico amended its Constitution to pass control of the energy sector from two independent regulators to its executive branch. Before this reform, the Energy Regulatory Commission (CRE) and the National…more

Competition, Energy Market, Energy Sector, Mexico, Oil & Gas

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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Maintaining Perspective: Governance and Disclosure Reminders for Public Companies

Companies will be affected in a variety of ways by the receivership of Signature Bank, Silicon Valley Bank or any other similarly situated financial institution. Companies may face difficulty accessing bank facilities or the…more

Banks, Capital Formation, Corporate Governance, Disclosure Requirements, Duty of Care

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US Supreme Court Clarifies Standard in Reverse-Discrimination Cases

DECISION ALERT: AMES V. OHIO DEP’T OF YOUTH SVCS. INTRODUCTION: On June 5, 2025, the United States Supreme Court issued a unanimous decision holding that so-called “reverse discrimination” claims—discrimination claims…more

Affirmative Action, Employment Discrimination, Employment Litigation, Judicial Authority, Reverse Discrimination

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U.S. Federal Reserve Launches Main Street Lending Program by Opening Lender Registration and Updates Loan and Participation Documentation

On June 15, 2020, the Federal Reserve launched the highly anticipated Main Street Lending Program by announcing that the program is open for lender registration and encouraged lenders to begin making program loans to small and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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United States Senate Finance Committee Makes Changes to Clean Energy Provisions of the Proposed One Big Beautiful Bill

On June 16, 2025, the US Senate Committee on Finance released its legislative text (the “Senate Finance Committee version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under…more

Budget Reconciliation, Clean Energy, Energy Policy, Inflation Reduction Act (IRA), Investment Tax Credits

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SEC Division of Examinations Risk Alert: New SEC Leadership Continues Focus on Examinations Related to Digital Asset Securities

On February 26, 2021, the US Securities and Exchange Commission’s (“SEC”) Division of Examinations published a risk alert in connection with the offer, sale, and trading of digital assets that are securities. The risk alert…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT)

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European Commission Presents “Omnibus” Simplification Package with Amendments to CSRD, CSDDD, CBAM and Taxonomy

On 26 February 2025, the European Commission (“Commission”) published its “Omnibus I” or “Sustainability Omnibus” package as part of its mission to improve the competitiveness of the European Union. The Omnibus Package foresees…more

Carbon Emissions, Corporate Governance, Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, Due Diligence

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Licensing Link - June 2025

Licensing Link is a periodic publication that will keep you informed on hot topics and new developments in state licensing laws, and provide practice tips and primers on important issues related to state licensing across the…more

Buy Now Pay Later (BNPL), Consumer Protection Laws, Disclosure Requirements, Lenders, Licensing Rules

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Unleashing American Energy Executive Order: Impact on Carbon Capture

AT A GLANCE - The Trump Administration issued the “Unleashing American Energy” Executive Order (EO) on January 20, 2025, which, among other matters,…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Energy Policy

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How Regulation W Affects Subscription Credit Facilities

EXECUTIVE SUMMARY - Section 23A of the Federal Reserve Act and its implementing regulation, Regulation W, impose restrictions on banks concerning “covered transactions” with their affiliates. With the increasing intertwining…more

Banking Sector, Capital Markets, Capital Requirements, Compliance, Federal Reserve

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Brasília em Pauta – Edição Nº 205

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de…more

Brazil, Constitutional Challenges, Data Privacy, Energy Sector, Government Agencies

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STJ define que decisões sobre indisponibilidade de bens podem ser revistas

Em recente julgamento sob o rito dos recursos repetitivos, a Primeira Seção do Superior Tribunal de Justiça (STJ) concluiu que, nas ações de improbidade administrativa, é possível revisitar e eventualmente modificar decisões…more

Administrative Agencies, Administrative Appeals, Appeals, Asset Freeze, Brazil

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Brazil Introduces Regulations on the Importation of Solid Waste and Tailings

The Brazilian government published Decree No. 12,451/2025 (the “New Decree”), which regulates Article 49, §1 of the National Solid Waste Policy (Law No. 12,305/2010), establishing exceptions to the ban on importing solid waste…more

Brazil, Environmental Policies, Hazardous Substances, Imports, International Trade

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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2025 Trends for Technology Transactions

2025 is shaping up to be a busy year in tech. While blustery economic tailwinds continue to drive digital transformation, a new presidential administration promises shifts in policy that will likely keep businesses on their…more

Acquisitions, Artificial Intelligence, Emerging Technologies, Machine Learning, Mergers

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US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an…more

Arbitration Awards, Breach of Contract, Dispute Resolution, Enforcement Actions, Foreign Sovereign Immunities Act of 1976 (FSIA)

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Changes in the Makeup of the FTC May Impact Antitrust Policy

THE UPSHOT, FOR BUSY PEOPLE: On March 18, 2025, Commissioner Rebecca Kelly Slaughter and Commissioner Alvaro Bedoya, who hold the two Democratic seats on the Federal Trade Commission (“FTC”) were informed that President…more

Antitrust Provisions, Enforcement Priorities, Federal Trade Commission (FTC), FTC Commissioners, Mergers

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The UK Immigration White Paper: Big Changes Leading to Bigger Questions

On 12 May 2025, the UK Government published its immigration white paper, Restoring Control over the Immigration System, proposing changes that have generated significant public and market reaction because of the impact to visa…more

Employer Responsibilities, Foreign Workers, Highly-Skilled Workers Visa, Immigrants, Immigration Enforcement

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Congress Introduces Bill to Exempt Fixed-Income Securities from Rule 15c2-11: Inside the “Protecting Private Job Creators Act” (H.R. 3959)

On June 12, 2025, Representative Troy Downing (R-MT) introduced H.R. 3959, the “Protecting Private Job Creators Act.” The bipartisan bill, co-sponsored by Representative Cleo Fields (D-LA), would categorically exempt quotations…more

Capital Markets, Financial Markets, Fixed Income Investments, Investment, Proposed Legislation

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M&A Mortgage Tech

Join us for a new episode of Financial Services Focus, with partner Lauren Pryor, co-lead of the Financial Services Product Team, and Brad Peterson, a partner at the firm’s Chicago office and member of the Technology & IP…more

Acquisitions, Artificial Intelligence, Financial Services Industry, FinTech, Lenders

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Supreme Court Focuses NEPA Review: Implications for US Infrastructure

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy Act…more

Energy Projects, Environmental Litigation, Infrastructure, Investment, Judicial Authority

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American Arbitration Association Adopts New Mass Arbitration Rules And Fee Schedules

The American Arbitration Association (AAA) has announced updates to its Mass Arbitration Supplementary Rules and its fee schedules for consumer and employment mass arbitrations…more

American Arbitration Association, Arbitration, Arbitration Agreements, Bellwether Verdicts, Fees

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REVERSEinquiries Newsletter, Volume 6, Issue 1 - July 1 2025

An Overview of Which Market Disruption Events to Include for the Most Common Asset Classes under a Medium-Term Note Program - A movie scene showing a day in the life of a calculation agent would likely not survive the cutting…more

Asset Management, Capital Markets, Contract Terms, ETFs, Financial Industry Regulatory Authority (FINRA)

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Superior Labor Court Pivots, Authorizing Salary Deductions in Cases of Negative Compensatory Time

In March, the Second Chamber of the Brazilian Superior Labor Court has changed its position on the matter following a trial, upholding the validity of a collective labor agreement clause authorizing employers to make deductions…more

Brazil, Collective Bargaining, Compensation & Benefits, Employer Responsibilities, Wage and Hour

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Past Guidance is No Assurance of Future Guidance: SEC Staff Reverses Course with New Marketing Rule FAQs on Extracted Performance and Portfolio Characteristics

AT A GLANCE - On March 19, the SEC released updated guidance for compliance with Rule 206(4)-1 under the Investment Advisers Act of 1940, with two major revisions: (i) an update to prior guidance regarding the use of extracted…more

Compliance, Disclosure Requirements, Investment Adviser, Investment Management, Regulatory Requirements

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State Prudential Standards for Mortgage Servicers: “Ahead of the Curve” or “Dead Man’s Curve”?

I was only 9 years old when Jan and Dean in 1963 released their hit song “Dead Man’s Curve.” I thought about this song when I read the Conference of State Bank Supervisors’ (“CSBS”) Proposed Regulatory Prudential Standards for…more

Consumer Financial Products, CSBS, FHFA, Financial Regulatory Reform, Financial Services Industry

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Examining New Guidance from the USPTO on Discretionary Denials in AIA Post-Grant Proceedings

Recent changes at the US Patent and Trademark Office (USPTO) concerning the Patent Trial and Appeal Board's (PTAB) discretion to deny institution of inter partes reviews (IPRs) or post-grant reviews (PGRs) based on parallel…more

Administrative Procedure Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Inventions

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PCAOB Secures Complete Access to Inspect and Investigate Chinese Audit Firms, but SEC Signals Must Remain Vigilant

Last week, the U.S. Public Company Accounting Oversight Board (“PCAOB”) announced it had secured complete access to inspect and investigate issuer engagements of audit firms headquartered in China and Hong Kong, marking the…more

Audits, China, Corporate Governance, Foreign Corporations, Holding Foreign Companies Accountable Act (HFCAA)

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US Inflation Reduction Act of 2022: Carbon Capture Use and Sequestration Provisions

President Biden signed the Inflation Reduction Act of 2022 (IRA) into law on Tuesday, August 16, 2022. Among other things, the IRA expands the federal tax credits available to promote renewable energy and revises the…more

Biden Administration, Carbon Capture and Sequestration, Inflation Reduction Act (IRA), Renewable Energy Incentives, Tax Credits

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Reform of the EU Foreign Direct Investment Screening Regulation – How might M&A Transactions be impacted?

On 24 January 2024, the European Commission (“Commission”) unveiled its proposals to reform the current EU Foreign Direct Investment Screening Regulation 2019/452 (“FDI Screening Regulation”). This forms part of a wider package…more

Acquisition Agreements, Corporate Sales Transactions, EU, Foreign Direct Investment, Member State

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Mexico’s 2025 Judicial Elections and Dispute Resolution

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid…more

Arbitration, Ballots, Dispute Resolution, Investors, Judges

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FTC Ups HSR Act Thresholds in Annual Update

On January 22, 2025, the US Federal Trade Commission (FTC) published its annual update to the Hart-Scott-Rodino (HSR) Act thresholds in the Federal Register. The HSR Act governs certain deals that must be reported to the FTC and…more

Antitrust Provisions, Enforcement Actions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract. In…more

Appeals, Breach of Contract, Business Litigation, Contract Disputes, Contract Drafting

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EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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M&A Mortgage Tech

Join us for a new episode of Financial Services Focus, with partner Lauren Pryor, co-lead of the Financial Services Product Team, and Brad Peterson, a partner at the firm’s Chicago office and member of the Technology & IP…more

Acquisitions, Artificial Intelligence, Financial Services Industry, FinTech, Lenders

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Mozambique Regulates Local Content Obligations of the Concessionaires of Petroleum Rights

On July 5, 2024, the Ministry of Mineral Resources and Energy (Ministério dos Recursos Minerais e Energia - "MIREME") published Ministerial Diploma No. 55/2024 ("DM 55/2024") to establish within the scope of petroleum…more

Compliance, Energy Sector, Goods or Services, Hiring & Firing, Mozambique

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MSR Fund Investments: 7 Aspects to Consider

While residential mortgage lenders are facing tough headwinds driven by rising interest rates and low housing volume, the current market presents opportunities for savvy investors looking at mortgage servicing rights (“MSRs”)…more

Consumer Financial Products, Financial Services Industry, Investment Adviser, Investment Management, Lenders

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B3 divulga aditamento ao edital de audiência restrita para aprovação do regulamento do Novo Mercado com mudança no processo de votação do Regulamento Base

A B3 S.A. – Brasil, Bolsa, Balcão (B3) divulgou ontem, dia 29 de maio de 2025, um aditamento ao Edital de Audiência Restrita nº 01/2025 – DIE (Edital), que permite a participação das companhias listadas no Novo Mercado na…more

Brazil, Capital Markets, Corporate Governance, Publicly-Traded Companies, Regulatory Requirements

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Argument Shifting at the PTAB: Balancing the Right of Reply against the Petition’s Role as Case-in-Chief

A vexing issue in post-grant patent practice is understanding the limits of how far a patent challenger can deviate from the four corners of its petition during the proceeding. The petition is the challenger’s case-in-chief…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Negotiating Transition Services Agreements in Carve-Out M&A Deals

In mergers and acquisitions (M&A), few transactions are as complex as carve-outs. In contrast to the sale of a stand-alone business, carve-outs involve the sale and separation of an integrated part of a larger business…more

Carve Out Provisions, Contract Drafting, Contract Negotiations, Contract Terms, Corporate Sales Transactions

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Mexican Reform Regarding Electronic Negotiable Instruments

On March 26, 2024, the President of Mexico published the reform passed by the Mexican Congress to the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito, “LGTOC”), and…more

Consumer Financial Products, Credit, Financial Institutions, Financial Instruments, Financial Services Industry

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Quick Reference Chart On Key Global Climate-Related Disclosure Rules

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

See all updates »

American Arbitration Association Announces New Consumer and Employment Arbitration Rules

The American Arbitration Association has announced a number of changes to its arbitration rules for consumer and workplace disputes. Businesses should review the changes and consider updating their arbitration agreements…more

American Arbitration Association, Arbitration, Arbitration Agreements, Consumer Protection Laws, Employment Litigation

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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Key Legal Considerations in Use of Portfolio Company Data

There is a great deal more to monetizing data than setting up a data lake. In this episode, we discuss legal issues faced by investment funds working to drive returns by analyzing the operational data of their portfolio…more

Best Practices, Big Data, Data Sets, Investment Funds, Monetization

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US Senate Committee Passes Legislation to Prohibit Agencies from Awarding Contracts to Consulting Firms That Also Work for China and Other Countries

On May 15, 2024, the Senate Homeland Security and Government Affairs Committee (the “Committee”) passed an amended version of the “Time to Choose Act of 2024” (the “Act”) on a bipartisan 10-1 vote. If enacted, the legislation…more

Department of Defense (DOD), Federal Contractors, Foreign Entities, Government Agencies, National Security

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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Overhaul of Regulatory Capital Requirements Proposed by US Banking Regulators

On July 27, 2023, US federal banking regulators issued proposals to (i) significantly revise the riskbased regulatory capital requirements for certain midsize and larger US banking organizations (the “Capital Proposal”), and…more

Banks, Capital Requirements, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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IEEPA Tariffs at a Crossroads: Courts Intervene, What Comes Next?

Last week, two different district courts found that President Donald Trump did not have the authority under the International Emergency Economic Powers Act (“IEEPA”) to impose sweeping tariffs…more

Appeals, Constitutional Challenges, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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Co-Investment Relief a Step to Retail Access to Registered Funds

On March 4, 2025, the Investment Company Institute (ICI) wrote to the Securities and Exchange Commission (SEC) to express its support of a request for co-investment exemptive relief by an applicant and urge that the SEC grant…more

Financial Services Industry, Investment Adviser, Investment Company Act of 1940, Investment Management, Investor Protection

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New Ruling Limits Jurisdiction of Texas Business Courts

On October 30, the Dallas Business Court issued a long-awaited ruling of first impression, holding that Texas’ newly formed business courts have no jurisdiction over cases already in existence prior to September 1, 2024…more

Business Court, Business Disputes, Business Entities, Business Litigation, Commercial Court

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OCC Reiterates Full Scope of Crypto Custody Authority of Banks It Regulates

On May 7, 2025, the Office of the Comptroller of the Currency (“OCC”) issued Interpretative Letter 1184 (“IL 1184”) confirming that national banks and federal savings associations may provide cryptocurrency custody activities…more

Banks, Cryptocurrency, Digital Assets, Financial Institutions, Financial Regulatory Reform

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Proposed State Securities Registration Amendments for Smaller Offerings

On November 1, 2018, the North American Securities Administrators Association, Inc. (“NASAA”) released for public comment proposed updates to the SCOR Statement of Policy and the SCOR Form (Form U-7). According to the NASAA,…more

Amended Rules, Bad Actors, Financial Statements, NASAA, Registration Requirement

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2023 Trends for Technology Transactions

As 2023 begins, we are coming off many years of fast and frothy innovation with a great deal of new complexity in both products and business models. We now face a downturn. Prominent companies across the economy are announcing…more

Artificial Intelligence, Cloud Service Providers (CSPs), Cost-Savings, Digital Platforms, Economic Downturn

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Report by the Joint Committee of the European Supervisory Authorities on the EU Securitisation Regulation

Introduction - The Joint Committee of the European Supervisory Authorities (the "Joint Committee" and the "ESAs", respectively) has published a report on the implementation and functioning of the EU Securitisation…more

EU, European Supervisory Authorities (ESAs), Risk Retention, Securitization, Securitization Market

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Next Steps for Companies that Filed CTA Reports

Millions of reporting companies breathed a sigh of relief on March 21, 2025, when the US Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule (the “IFR”) that exempted all domestic entities from…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Counsel, Corporate Transparency Act

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Delaware Chancery Court Invalidates Common Stockholder Agreement Provisions

In the recent decision West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that certain provisions of a stockholder agreement contravened…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Unleashing American Energy: Deregulatory Executive Orders

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state, and…more

Administrative Procedure Act, Constitutional Challenges, Department of Justice (DOJ), Deregulation, Energy Policy

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NAV Facilities: Appraisal and Valuation Challenge Rights

EXECUTIVE SUMMARY - Net Asset Value ("NAV") credit facilities are lending arrangements underwritten on the borrower’s portfolio of investments, where the amount available for borrowing is based on the value of such underlying…more

Borrowers, Credit Facilities, Financial Services Industry, Investment Portfolios, Lenders

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US Appeals Court Temporarily Halts SEC's Climate Change Disclosure Rules

On March 15, 2024, the US Court of Appeals for the Fifth Circuit granted an administrative stay of the climate-related disclosure rules recently adopted by the US Securities and Exchange Commission (the “SEC”). The SEC rules…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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Arbitration Act 2025 | Part 3: What Did Not Change?

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series…more

Anti-Corruption, Appeals, Arbitration, Arbitrators, Dispute Resolution

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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FHA Branch Offices Could Become a Thing of the Past: HUD Finalizes Rule Eliminating Mandatory Branch Office Registration

Federal Housing Administration (“FHA”) approved lenders and mortgagees will no longer be required to register their branch offices. The US Department of Housing and Urban Development (“HUD”) published a final rule (the “Final…more

Branch Offices, Consumer Financial Products, Federal Housing Administration (FHA), Final Rules, Financial Services Industry

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HHS and FDA Announce Plans to Phase out Synthetic Food Dyes

On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a series of steps intended to eliminate all petroleum-based synthetic dyes from the US food supply…more

Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Food Manufacturers, Food Safety, New Legislation

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New Mexican Power Regulatory Framework – Defense Mechanisms Available to Investors

The current administration has sustained an attack against the electricity legal framework established by its predecessor. The new framºework reflects a major change in policy concerning the participation of the private sector…more

Competition, Electricity, Energy Policy, Energy Reform, Investor Protection

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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Arbitration Act 2025 | Part 3: What Did Not Change?

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series…more

Anti-Corruption, Appeals, Arbitration, Arbitrators, Dispute Resolution

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US Interagency statement on the use of alternative data in credit underwriting

On December 3rd, the Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National Credit Union Administration and the Office of the…more

Consumer Credit Protection, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Credit, FDIC

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Sustainable data centers—The German Energy Efficiency Act: What data center operators need to consider now and in the future

The German Energy Efficiency Act (the “Act”) came into force at the end of 2023. As of January 1, 2024, energy efficiency obligations apply specifically to data centers. The Act provides for new rules on energy efficiency,…more

Data Centers, Data Management, Energy Efficiency, Energy Policy, Environmental Policies

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Novo Manual De Diretrizes De Programa De Integridade Para Empresas Privadas Da CGU

Em 15 de outubro de 2024, a ControladoriaGeral da União (“CGU”) publicou o Volume II do “Manual Programa de Integridade: Diretrizes para Empresas Privadas” (“Manual”), que estabelece novas recomendações para a implementação,…more

Anti-Corruption, Brazil, Business Operations, Business Ownership, Corporate Culture

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ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of preventing…more

Administrative Procedure Act, Compliance, Energy Sector, Government Agencies, Hazardous Substances

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MMA Opens Public Consultation on Regulation of the National Policy on Payment for Environmental Services

Brazil’s Ministry of the Environment and Climate Change (MMA) has launched a public consultation on the draft decree intended to regulate Law No. 14,119/2021, which established the National Policy on Payment for Environmental…more

Brazil, Environmental Justice, Environmental Policies, Government Agencies, New Regulations

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U.S. Federal Reserve Launches Main Street Lending Program by Opening Lender Registration and Updates Loan and Participation Documentation

On June 15, 2020, the Federal Reserve launched the highly anticipated Main Street Lending Program by announcing that the program is open for lender registration and encouraged lenders to begin making program loans to small and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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Advantages of Express LPA Third-Party Beneficiary Provisions for Subscription Credit Facility Lenders

An express third-party beneficiary provision running in favor of a lender in a fund’s limited partnership agreement (an “LPA”) is helpful for subscription credit facilities. It bolsters the rights and remedies of a subscription…more

Beneficiaries, Contract Terms, Creditors, Investment Funds, Lenders

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Recent Decision May Open the Door for UK Holiday Pay Claims Going Back More Than Two Years

An interesting employment tribunal decision has been handed down in the case of Afshar and others v Addison Lee: https://shorturl.at/Svqn3. In finding that the Addison Lee drivers were workers and not self-employed, the judge…more

Appeals, Employee Rights, Employees, Employment Litigation, EU

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Amendment of the Brazilian Black and Gray Lists: Normative Instruction Irs Nº 2265/2025

On May 13, 2025, the Brazilian Federal Revenue Service (IRS) published Normative Instruction no. 2,265/2025, which amends the Brazilian black and gray lists established by Normative Instruction no. 1,037/2010…more

Brazil, International Tax Issues, New Legislation, Tax Reform, Taxation

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US Treasury to Propose Regulations on Domestic Content Bonus Credit

On May 12, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released a notice of intent to issue proposed regulations on the domestic content bonus credit for certain clean energy projects…more

Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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US Securities and Exchange Commission Increases Focus on Cybersecurity

This past summer’s string of cyber enforcement actions signals that cybersecurity has become a top priority for the US Securities and Exchange Commission (“SEC”). This focus is consistent with the SEC’s Division of Examinations…more

Broker-Dealer, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Trump Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of disparate-impact…more

Civil Rights Act, Disparate Impact, Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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ERISA Cases in a Post-Chevron World

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL)

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SEC Enforcement Annual Report FY2020: Key Takeaways and Trends

On November 2, 2020, the U.S. Securities and Exchange Commission (“SEC”) Division of Enforcement staff published its annual enforcement report for fiscal year 2020. This has been an unprecedented year, including for the SEC’s…more

Annual Reports, Broker-Dealer, Corporate Counsel, Enforcement Actions, Enforcement Statistics

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New Trial Method at CARF: Virtual Plenary - MF Ordinances No. 1,239 and 1,240/2024

On August 5, 2024, Brazilian Ministry of Finance (MF) Ordinances No. 1,239 and 1,240/2024 were published in the Federal Official Gazette, providing operating rules for non-concurrent sessions of the Administrative Tax Appeal…more

Brazil, Tax Appeals, Tax Credits, Trials

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these…more

Acquisition Agreements, Clean Tech, Consumer Insurance Products, Liability Insurance, Merger Agreements

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US Banking Regulators Finalize Nonbank Lending Reporting Requirements

On May 22, 2024, the US federal banking regulators finalized a new set of reporting requirements for bank loans and commitments to fund finance facilities, private credit lenders, and other nonbank financial entities.This change…more

Banking Regulators, Banks, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Delaware Chancery Court Invalidates Common Stockholder Agreement Provisions

In the recent decision West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that certain provisions of a stockholder agreement contravened…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Big Firms, Be Careful What You Say: First UK Competition Disparagement Decision Puts Large Companies On Notice

OVERVIEW - The UK Competition and Markets Authority (“CMA”) has recently published a decision accepting commitments from Vifor Pharma (“Vifor”). This brings to a close an unprecedented abuse of dominance investigation based…more

Abuse of Dominance, Antitrust Violations, Competition Authorities, Disparagement, Enforcement Actions

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Ripple is Not a Tidal Wave – the SEC’s Case Against Terraform Labs Provides a Quick Counterpoint to the Recent Ripple Ruling

Just weeks after the novel securities analysis in SEC v. Ripple Labs was handed down by Judge Analisa Torres, a different judge in the Southern District of New York has distinguished the approach taken in Ripple and argued…more

Capital Markets, Cryptoassets, Digital Assets, Financial Services Industry, Financial Transactions

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these…more

Acquisition Agreements, Clean Tech, Consumer Insurance Products, Liability Insurance, Merger Agreements

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Unleashing American Energy: Deregulatory Executive Orders

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state, and…more

Administrative Procedure Act, Constitutional Challenges, Department of Justice (DOJ), Deregulation, Energy Policy

See all updates »

Regulatory and Legal Implications of the Surgeon General’s Call For Cancer Warning On Alcohol Labels

On January 3, 2025, outgoing US Surgeon General Dr. Vivek Murthy released a new advisory outlining the alleged causal link between alcohol consumption and cancer, claiming “numerous high-quality observational studies and…more

Cancer, Consumer Protection Laws, Food and Drug Administration (FDA), Labeling, Preemption

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On Again, Off Again: Fifth Circuit Again Suspends Corporate Transparency Act Filing Requirements

On December 26, 2024, a panel of the US Court of Appeals for the Fifth Circuit vacated an order issued by a different panel just days before that had stayed the nationwide preliminary injunction suspending enforcement of the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Legal Update: Volcker Rule Revisions Adopted by Agencies

The Federal Deposit Insurance Corporation (“FDIC”) and Office of the Comptroller of the Currency (“OCC”) have finalized revisions to the proprietary trading and compliance program provisions of the Volcker Rule (the “2019…more

Compliance Management Systems, Covered Funds, Derivatives, Exemptions, Financial Markets

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'Red Flags' for Lenders Investing in Emerging Markets: Recent High Court Guidance

Emerging markets offer a wealth of opportunity across a wide range of sectors. Yet there can be a catch, even for sophisticated parties, especially financial institutions: a greater number of risk indicators, or 'red flags',…more

Commercial Loans, Emerging Markets, Financial Institutions, Financial Markets, Financial Services Industry

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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UK Government consults stakeholders on changes to UK REACH

On 16 May 2024, the UK Government launched an open consultation seeking stakeholders' views on various government proposals and policy options aimed at facilitating the transition of companies from EU REACH to UK REACH, and…more

Hazardous Substances, Imports, Manufacturers, Registration Requirement, Regulatory Requirements

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Always Carry Your Papers: Understanding the Alien Registration Requirement

WHAT IS ALIEN REGISTRATION? The alien registration requirement dates back to 1940, when Congress passed a law to require all foreign nationals to register with the federal government, provide biographic details, and carry proof…more

Department of Homeland Security (DHS), Executive Orders, Filing Requirements, Foreign Nationals, Immigrants

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Disclosing Perks and Payments

The Securities and Exchange Commission recently announced a settlement with Oregon-based freight transportation supply company, The Greenbrier Companies Inc., and founder and former CEO and Chairman, William A. Furman, for (i)…more

Compensation & Benefits, Corporate Governance, Enforcement Actions, Executive Compensation, Failure To Disclose

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US Investment Ban Targeting Companies Deemed Linked to Chinese Military Expanded to Chinese Surveillance Technology Sector

A new executive order (the “EO”) signed by President Biden on June 3, 2021, amends existing prohibitions on US investments in companies that the US government has determined support the military of the People’s Republic of China…more

American Depository Receipts (ADRs), Biden Administration, China, Economic Sanctions, Executive Orders

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Mexico’s 2025 Judicial Elections and Dispute Resolution

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid…more

Arbitration, Ballots, Dispute Resolution, Investors, Judges

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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Federal Government Publishes Decree Requiring the Adoption of Integrity Programs in Public Bids and Contracts

On December 10, 2024, Brazil’s Federal Government published Decree No. 12,304/2024, which regulates Law No. 14,133/2021 (Law on Public Bids and Administrative Contracts) in order to require the adoption of integrity programs by…more

Brazil, Competitive Bidding, Enforcement Priorities, Environmental Social & Governance (ESG), Ethics

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A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes

In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the creation of an Advisory Centre for States in disputes in the Investor State Dispute…more

Dispute Resolution, Foreign Direct Investment, International Arbitration, Investor State Dispute Settlement (ISDS), Legal Advice

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Novo Manual De Diretrizes De Programa De Integridade Para Empresas Privadas Da CGU

Em 15 de outubro de 2024, a ControladoriaGeral da União (“CGU”) publicou o Volume II do “Manual Programa de Integridade: Diretrizes para Empresas Privadas” (“Manual”), que estabelece novas recomendações para a implementação,…more

Anti-Corruption, Brazil, Business Operations, Business Ownership, Corporate Culture

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Brazil’s New Tax Rules for Infrastructure Investments

Below we list some key tax legislative changes that are relevant to new investments in infrastructure projects and that are already in force or have been announced by the government and are under discussion in the National…more

Bonds, Brazil, Debentures, Infrastructure, International Tax Issues

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SEASON 2: Galactic Justice: Navigating the Frontiers of Space Law

In the first episode of season 2 of our ‘Across the Pond’ podcast, Charles and Kwadwo are joined by colleague Rachael O’Grady, arbitration partner and head of Mayer Brown’s Space & Satellite Group, as well as being joined also…more

Arbitration, Commercial Litigation, Contract Disputes, Dispute Resolution, International Arbitration

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Arbitration Act 2025 | Part 3: What Did Not Change?

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series…more

Anti-Corruption, Appeals, Arbitration, Arbitrators, Dispute Resolution

See all updates »

US Department of Labor Publishes Final Amendment to QPAM Exemption

On April 3, 2024, the US Department of Labor (“DOL”) published the final amendment (“Amendment”) to Prohibited Transaction Class Exemption 84-14, otherwise known as the “QPAM Exemption” (“Exemption”).1 The Exemption is commonly…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Exemptions, New Amendments

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Sustainable data centers—The German Energy Efficiency Act: What data center operators need to consider now and in the future

The German Energy Efficiency Act (the “Act”) came into force at the end of 2023. As of January 1, 2024, energy efficiency obligations apply specifically to data centers. The Act provides for new rules on energy efficiency,…more

Data Centers, Data Management, Energy Efficiency, Energy Policy, Environmental Policies

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Mexico’s 2025 Judicial Elections and Dispute Resolution

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid…more

Arbitration, Ballots, Dispute Resolution, Investors, Judges

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Tips for New Fund Finance Professionals

EXECUTIVE SUMMARY - In this Legal Update, we provide suggestions for junior finance professionals new to the fund finance market and offer practical suggestions for beginning their careers with a solid foundation…more

Banks, Capital Markets, Career Development, Consumer Lenders, Financial Institutions

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SEC Staff Grants Temporary Relief from Compliance with Rule 15c2-11 for Rule 144A Fixed Income Securities

With the January 3, 2023, deadline fast approaching for compliance with Exchange Act Rule 15c2-11, as amended and reinterpreted by the staff of the US Securities and Exchange Commission (“SEC”) to apply to fixed income…more

Financial Services Industry, Fixed Income Investments, Investment Management, No-Action Letters, Relief Measures

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Proposed Rule 192: Conflicts of Interest in Asset-Backed Securitization

The Securities and Exchange Commission (the “Commission”) published proposed Rule 192 (Conflicts of Interest Relating to Certain Securitizations) on January 25, 2023 and closed the public comment period on March 27, 2023. After…more

Asset-Backed Securities, Conflicts of Interest, Proposed Rules, Regulatory Agenda, Regulatory Reform

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The Spectrum of Loan Portfolio Backleverage Options: A Primer for Private Credit Funds

EXECUTIVE SUMMARY - There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by…more

Capital Markets, Collateral, Credit, Credit Funds, Debt

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Delaware Law Alert: Chancery Court Applies Conditional Probability to Calculate Damages in Earnout Dispute

A recent Delaware Chancery Court opinion offers a significant example of how courts may apply complex probability analysis to determine the amount of damages in an earnout dispute. The case arose from Alexion Pharmaceuticals,…more

Acquisition Agreements, Breach of Contract, Business Litigation, Damages, Delaware

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ESMA Publishes Final Report on Technical Advice Concerning the Prospectus Regulation

A) BACKGROUND On October 8, 2024, the EU Council adopted the Listing Act – a regulation amending, among other things, the Prospectus Regulation (EU) 2017/1129. Even though the Listing Act went into force on 4 December 2024, the…more

Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA), New Regulations

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Russia/Ukraine Sanctions Update - Month of May 2025

I. U.S. Sanctions - President Trump Threatens Sanctions on Russia Following Drone Attack on Ukraine: On May 28, Bloomberg reported that President Trump said he was “‘absolutely’ considering new sanctions against Russia as…more

Economic Sanctions, EU, Export Controls, Foreign Policy, HM Treasury

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2024 U.S. Proxy and Annual Report Season: It’s Starting Time!

Although it may seem early, it is already time to start preparing for the 2024 proxy and annual report season. Additional time may be required this year because of the substantial scope and pace of relevant changes in law and…more

Corporate Governance, Environmental Social & Governance (ESG), Proxy Season, Proxy Statements, Proxy Voting Guidelines

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President Trump’s Use of the National Emergency Act and Possible Congressional Next Steps

Recently, President Donald Trump issued three Executive Orders (EOs) to impose tariffs on Mexico, Canada, and the People’s Republic of China (PRC) pursuant to his authorities under the Constitution and the laws of the United…more

Canada, China, Constitutional Challenges, Executive Orders, Exports

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Waivers of Code of Conduct for Nasdaq Listed Companies

On September 5, 2023, the Securities and Exchange Commission (the “SEC”) posted and declared effective a Nasdaq rule proposal modifying requirements related to a waiver of the code of conduct in Listing Rules 5610 and IM-5610. …more

Board of Directors, Code of Conduct, Corporate Executives, Corporate Governance, Financial Markets

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Serta and Mitel: The Latest Major Court Decisions on Uptier Transactions

Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both…more

Appeals, Bankruptcy Court, Borrowers, Breach of Contract, Commercial Bankruptcy

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Delaware Chancery Court Invalidates Common Stockholder Agreement Provisions

In the recent decision West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that certain provisions of a stockholder agreement contravened…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

See all updates »

ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of preventing…more

Administrative Procedure Act, Compliance, Energy Sector, Government Agencies, Hazardous Substances

See all updates »

Eye on Critical Minerals - January 2024

Welcome to Mayer Brown’s Critical Minerals Newsletter which focuses on some of the key legal issues and developments that have been affecting the sector over recent months…more

Joint Venture, Mineral Exploration, Mineral Extraction, Minerals, Mining

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Next Steps for Companies that Filed CTA Reports

Millions of reporting companies breathed a sigh of relief on March 21, 2025, when the US Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule (the “IFR”) that exempted all domestic entities from…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Counsel, Corporate Transparency Act

See all updates »

Supreme Court Focuses NEPA Review: Implications for US Infrastructure

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy Act…more

Energy Projects, Environmental Litigation, Infrastructure, Investment, Judicial Authority

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EU Institutions Reach Political Agreements On Anti-Money Laundering and Countering the Financing of Terrorism Package

On January 17, 2024, the Council of the European Union (Council) and the European Parliament (Parliament) announced that a political agreement had been reached on (i) a new Regulation setting forth a single anti-money laundering…more

AML/CFT, Anti-Corruption, Anti-Money Laundering, Corruption, EU

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ANTAQ Publishes New Guidelines on Transfer of Corporate Control in Port Contracts

The Brazilian National Agency for Waterway Transportation (ANTAQ) published Resolution No. 128/2025 (RN 128/2025), revising the procedures for the transfer of corporate control under port authority concession contracts, lease…more

Acquisition Agreements, Brazil, Change in Control, Corporate Governance, Inland Waterways

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these…more

Acquisition Agreements, Clean Tech, Consumer Insurance Products, Liability Insurance, Merger Agreements

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Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow…more

Bankruptcy Code, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Deeds

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UK Supreme Court Confirms Broad Scope of Fraudulent Trading Provision Under S.213 Insolvency Act 1986

On 7 May 2025, the UK Supreme Court handed down its judgment in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2025] UKSC 18. The judgment primarily concerned the scope of s.213 Insolvency Act…more

Companies Act, Fiduciary Duty, Financial Services Industry, Fraud, Insolvency

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DOJ Civil Division Announces Five Enforcement Priorities

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Enforcement Actions

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Singapore Court of Appeal Considers Effect of New Arbitration Agreement on Pending Arbitration

Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to set…more

Arbitration, Arbitration Agreements, Breach of Duty, Contract Disputes, Jurisdiction

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French Court Rejects Attempt to Use Civil Code to Usurp Brussels Recast Principles on Jurisdiction

In a decision issued on 2 April 2025, the French Cour de Cassation considered the validity of a jurisdiction clause under Article 25(1) of the Brussels Recast1. The French court rejected an attempt to invoke French national…more

Choice-of-Law, Civil Code, Contract Disputes, Contract Terms, Court of Cassation

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AI Governance: Common Grounds and Synergies with Proposed Frameworks Globally

As the European Union sets the stage for groundbreaking AI regulation, our podcast offers a comprehensive exploration of this landmark legislation. Join us as we dissect the EU AI Act, unpacking its key provisions and answering…more

Anti-Corruption, Artificial Intelligence, Compliance, Corporate Governance, EU

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California Privacy Protection Agency Intensifies Enforcement: Recent Enforcement Actions and Trends

The California Privacy Protection Agency (CPPA) has intensified its enforcement activities in 2025, bringing enforcement actions under both the California Consumer Privacy Act (CCPA) and the California Delete Act in the last few…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Brokers, Data Collection

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Did the Seventh Circuit Just Sound the Death Knell for Mootness Fees?

For decades, corporate merger and acquisition deals have been plagued by meritless claims asserting, typically, that the companies and their officers and directors have provided insufficient disclosures. Courts have sought to…more

Class Action, Corporate Sales Transactions, Disclosure Requirements, Fees, Merger Agreements

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CHNV Parole Cancelled: What the Rollback Means for Employers

The recent termination of the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) by the Department of Homeland Security (DHS) has significant implications for US employers. As DHS revokes work permits…more

Department of Homeland Security (DHS), E-Verify, Employees, Executive Orders, Foreign Workers

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Key Takeaways from the CFPB Proposal to Amend Regulation X Mortgage Servicing Rules

Members of Mayer Brown’s Financial Services team summarize the main takeaways of the CFPB’s proposal to amend the Regulation X mortgage servicing rules. We focus on the proposal to amend the requirements for mortgage servicers…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Servicers, Mortgage Servicing Rules

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US Offshore Wind Development: 2021 Year in Review and Looking Ahead

The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are…more

Biden Administration, BOEM, Economic Development, Electric Generation Suppliers, Energy Policy

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PRA Consultation: Matching Adjustment Investment Accelerator (MAIA)

INTRODUCTION - The recent “Solvency UK” reforms to Solvency II represent the UK’s tailored approach to insurance prudential regulation post-Brexit, aiming to enhance flexibility and competitiveness in the insurance industry…more

Financial Regulatory Reform, Insurance Industry, Proposed Rules, Prudential Regulation Authority (PRA), Regulatory Reform

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US NAIC Spring 2025 National Meeting Highlights: Innovation, Cybersecurity, and Technology (H) Committee

On March 26, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) met at the Spring 2025 US National Meeting of the National Association of Insurance Commissioners (“NAIC”). The meeting covered the…more

Artificial Intelligence, Cybersecurity, Data Privacy, Health Insurance, Insurance Industry

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Warehouse Transactions

Join us for a new episode of Financial Services Focus with partner Susannah Schmid and associate Jenna Siebold from Mayer Brown's Banking & Finance practice in Chicago, as they discuss the traditional plain-vanilla structure for…more

Financial Services Industry, Financial Transactions, Mortgages, Structured Financial Products, Warehouses

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act

Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which was…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Air Act, Energy Sector, Environmental Policies

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SEC Proposes Amendments That Would Place New Cybersecurity Reporting and Disclosure Requirements on Public Companies

On March 9, 2022, the US Securities and Exchange Commission (SEC) voted 3-1 to propose new rules and amendments under the Securities Exchange Act of 1934 that would constitute the SEC’s first attempt to adopt specific rules to…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Disclosure Requirements

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HKMA Rolls Out Standards for the Sale of Sustainable Investment Products

The Hong Kong Monetary Authority (HKMA) recently announced in a circular its expected standards for the sale and distribution of green and sustainable investment products by registered institutions (RIs). This is to ensure that…more

Capital Markets, Financial Institutions, Financial Services Industry, Green Finance, Green Infrastructure

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Blackbaud Inc. to Pay $3 Million to SEC for Alleged Misleading Disclosures in 2020 Ransomware Attack

On March 9, 2023, the Securities and Exchange Commission (“SEC”) announced that Blackbaud Inc. (“Blackbaud”) agreed to pay $3 million to settle charges for alleged misleading disclosures about its 2020 ransomware attack and for…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Disclosure Requirements

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HHS and FDA Announce Plans to Phase out Synthetic Food Dyes

On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a series of steps intended to eliminate all petroleum-based synthetic dyes from the US food supply…more

Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Food Manufacturers, Food Safety, New Legislation

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between arbitration…more

Arbitration, Arbitration Agreements, Contractors, Court of Cassation, Dispute Resolution

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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Applying the Labor Reform to Ongoing Employment Contracts

On November 25, 2024, Brazil’s Superior Labor Court (TST) ruled that the Labor Reform (Law 13,467/2017) had immediate effect on ongoing employment contracts, but only to facts occurring after the law's effective date of November…more

Brazil, Employment Contract, Labor Reform, Labor Relations, Wage and Hour

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MSR Deal Points Q&A

In this episode of Financial Services Focus, Eric Edwardson, Lauren Pryor and Chris Smith discuss selected key terms of purchase and sale agreements for residential mortgage servicing rights, exploring the typical perspectives…more

Consumer Financial Products, Consumer Lenders, Financial Institutions, Financial Services Industry, Mortgage Lenders

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US – Storing CO2 And Lowering Emissions (SCALE) Act

On March 17, 2021, U.S. Senators Chris Coons (D-Del.) and Bill Cassidy, M.D. (R-La.) and U.S. Representatives Marc Veasey (D-Texas) and David McKinley (R-W.Va.) introduced the Storing CO2 And Lowering Emissions (SCALE) Act…more

Carbon Capture and Sequestration, Energy Policy, Energy Reform, Federal Funding, Legislative Agendas

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Jolting the Grid: US DOE Begins Implementing Bipartisan Infrastructure Bill

On January 13, 2022, the US Department of Energy (DOE) issued a notice of intent regarding its Building a Better Grid Initiative (Initiative), an effort to encourage the modernization of the nation’s existing electric…more

Biden Administration, Carbon Emissions, Climate Action Plan, Department of Energy (DOE), Energy Policy

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DOJ Antitrust Division’s Latest Compliance Guidance: Now Covering Civil Implications, Whistleblowing, Ephemeral Messaging, and AI

The US Department of Justice’s (DOJ) Antitrust Division recently updated its guidance explaining how it currently evaluates, and will evaluate going forward, companies’ antitrust compliance programs when making criminal charging…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Artificial Intelligence, Compliance

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Irrevocable Payment Undertakings and Buyer-Led Supply Chain Finance; Mass Confusion Abounds

Many supply chain finance programs are structured on what is called a “buyer-led” or “buyer-focused” basis. In certain of these types of programs, although the bank or other financier providing the program (the “Finance…more

Financing, Goods or Services, Payment Terms, Structured Finance, Suppliers

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Brazilian Tax Reform: Complementary Law No. 214/2025 Sanctioned

On January 16, 2025, Brazil’s president sanctioned Complementary Law No. 214/2025 (CL 214), stemming from the approval of Complementary Bill of Law No. 68/2024 (PLP 68), which establishes the Tax and Contribution on Goods and…more

Brazil, Corporate Taxes, Income Taxes, Legislative Agendas, New Legislation

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between arbitration…more

Arbitration, Arbitration Agreements, Contractors, Court of Cassation, Dispute Resolution

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ESAs’ Opinion to the European Commission on the Jurisdictional Scope of Application of the EU Securitisation Regulation

The European Supervisory Authorities (the "ESAs") have published an opinion on 25 March 2021 entitled "ESAs’ Opinion to the European Commission on the Jurisdictional Scope of Application of the Securitisation Regulation" (the…more

Buy-Side Trading, Capital Requirements Regulation (CRR), EU, European Supervisory Authorities (ESAs), Financial Markets

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The Corporate, Tax and Regulatory Aspects of Brazil’s Sports Betting Law

On December 30, 2023, President Luiz Inácio Lula da Silva sanctioned, with vetoes, Law No. 14,790, which regulates fixed-odds betting on sports in real or virtual events (e-sports). Law 14.790/2023 consolidated aspects…more

Brazil, Corporate Taxes, eSports, Regulatory Requirements, Sports Betting

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Eye on Economic Crime: SFO Releases New Guidance on Corporate Cooperation and Enforcement

On 24 April 2025, the UK’s Serious Fraud Office (“SFO”) launched new guidance for corporates on self-reporting, cooperation and deferred prosecution agreements (“DPAs”). Among other things, the new guidance states that, if a…more

Anti-Corruption, Bribery, Corporate Misconduct, Corruption, Deferred Prosecution Agreements

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United States Senate Finance Committee Makes Changes to Clean Energy Provisions of the Proposed One Big Beautiful Bill

On June 16, 2025, the US Senate Committee on Finance released its legislative text (the “Senate Finance Committee version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under…more

Budget Reconciliation, Clean Energy, Energy Policy, Inflation Reduction Act (IRA), Investment Tax Credits

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Russia/Ukraine Sanctions Update - Month of May 2025

I. U.S. Sanctions - President Trump Threatens Sanctions on Russia Following Drone Attack on Ukraine: On May 28, Bloomberg reported that President Trump said he was “‘absolutely’ considering new sanctions against Russia as…more

Economic Sanctions, EU, Export Controls, Foreign Policy, HM Treasury

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

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Navigating the Updated SEC Rules for 10b5-1 Plans

On November 13, 2024, during the Practicing Law Institute’s 56th Annual Institute on Securities Regulation, a panel of experts discussed recent disclosure developments for public companies. The main topics of discussion included…more

10b5-1 Plans, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Publicly-Traded Companies

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Federal Government Publishes Decree Requiring the Adoption of Integrity Programs in Public Bids and Contracts

On December 10, 2024, Brazil’s Federal Government published Decree No. 12,304/2024, which regulates Law No. 14,133/2021 (Law on Public Bids and Administrative Contracts) in order to require the adoption of integrity programs by…more

Brazil, Competitive Bidding, Enforcement Priorities, Environmental Social & Governance (ESG), Ethics

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Delaware Law Alert: Books and Records Inspection Under the Amended §220

Delaware has overhauled its framework for stockholder books and records inspection rights. Amendments to Delaware General Corporation Law (DGCL) §220, enacted on March 25, 2025,1 seek to address the concern that inspection…more

Books & Records, Corporate Governance, Delaware General Corporation Law, Discovery, Litigation Strategies

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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Top 10 Practice Tips: Debt Tender Offers

The following 10 practice points are intended to help you in assisting an issuer with a proposed debt tender offer for cash. Often, issuers of debt securities seek to manage their outstanding obligations through liability…more

Corporate Issuers, Debt Securities, Inter-Bank Offered Rates (IBORs), Libor, Tender Offers

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Antitrust Risk in a New Regulatory Climate

The recent change in leaders in both the United States and Europe has already had a notable impact on the antitrust landscape. Rules are changing—or, at least, their enforcement is taking more novel interpretations—against a…more

Acquisitions, Big Tech, Department of Justice (DOJ), Enforcement Actions, European Commission

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Delaware Law Alert: Conditions Precedent Under the Microscope—Key Lessons for M&A Agreements

In Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC,1 the Delaware Supreme Court recently adopted a complex framework for determining when noncompliance or partial compliance with a…more

Breach of Contract, Condition Precedent, Contract Disputes, Delaware, Dispute Resolution

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Delaware Law Alert: Chancery Court Clarifies Delaware’s Position on Sandbagging and the Use of a Transaction Multiple to Calculate Damages

AT A GLANCE - The Delaware Chancery Court has issued a notable opinion that confirms Delaware’s position as a pro-sandbagging jurisdiction and clarifies when damages may be computed using a transaction multiple. We examine…more

Acquisition Agreements, Breach of Contract, Business Litigation, Calculation of Damages, Contract Terms

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Be Prepared for “EDGAR Next” Changes So You Aren’t Locked Out of EDGAR Right Before a Filing Deadline

On September 27, 2024, the US Securities and Exchange Commission (SEC) adopted amendments to Rules 10 and 11 of Regulation S-T, Form ID, and the EDGAR Filer Manual, all of which will change the way filers access and manage their…more

Capital Markets, E-Filing, E-Signatures, EDGAR, Filing Deadlines

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Arbitration Act 2025 | Part 3: What Did Not Change?

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series…more

Anti-Corruption, Appeals, Arbitration, Arbitrators, Dispute Resolution

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SEC Enforcement Annual Report FY2020: Key Takeaways and Trends

On November 2, 2020, the U.S. Securities and Exchange Commission (“SEC”) Division of Enforcement staff published its annual enforcement report for fiscal year 2020. This has been an unprecedented year, including for the SEC’s…more

Annual Reports, Broker-Dealer, Corporate Counsel, Enforcement Actions, Enforcement Statistics

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Arbitration Act 2025 | Part 2: Key Improvements

The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"), will…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Dispute Resolution

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SEC Reporting Issues for Foreign Private Issuers: Bloomberg Tax Portfolio 5507-4th

Portfolio 5507 discusses the securities laws applicable to foreign private issuers that access the U.S. capital markets and the integrated disclosure system…more

Corporate Governance, Disclosure Requirements, Foreign Private Issuers, Form 20-F, Publicly-Traded Companies

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Beyond Brexit: How Does the New Relationship between the UK and EU Affect Technology Transactions?

The end of the Brexit transition period and the implementation of the new UK/EU Trade Agreement have had a significant impact on technology transactions throughout Europe. Businesses entering into Europe-wide technology…more

Cross-Border Transactions, Data Privacy, Data Protection, EU, International Data Transfers

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The unknown unknowns: settling future employment claims in the UK

The well-known interview comment above was made by former US Secretary of Defence, Donald Rumsfeld. While he was referring to matters of national security more than 20 years ago, the question has often arisen in the context of…more

Employees, Employer Liability Issues, Employment Litigation, International Labor Laws, Settlement Agreements

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CFPB Finalizes Rule Significantly Restricting Credit Card Late Fees

On March 5, the Consumer Financial Protection Bureau issued a Final Rule that would significantly restrict late fees that consumer credit card issuers may charge to a mere $8—representing approximately a 75% reduction from…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards, Creditors

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Modification of Intra-Group Debt Instruments

Background. Just as with debt instruments between unrelated parties, the current economic downturn may cause related parties to want to modify the terms of debt instruments existing between them…more

Debt Instruments, Forbearance Agreements, Income Taxes, Modification

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Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the assistance…more

Anti-Suit Injunctions, Arbitration, Arbitration Agreements, Dispute Resolution, International Arbitration

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US Agencies Proposed Revisions to Volcker Rule Covered Funds Provisions

On January 30, 2020, the Board of Governors of the Federal Reserve System (“FRB”), the Federal Deposit Insurance Corporation (“FDIC”), the Office of the Comptroller of the Currency (“OCC”), the Securities and Exchange…more

Banking Reform, Banking Regulators, CFTC, Covered Funds, FDIC

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ESMA Publishes Final Report on Technical Advice Concerning the Prospectus Regulation

A) BACKGROUND On October 8, 2024, the EU Council adopted the Listing Act – a regulation amending, among other things, the Prospectus Regulation (EU) 2017/1129. Even though the Listing Act went into force on 4 December 2024, the…more

Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA), New Regulations

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UK Election Bulletin: What would a Labour government mean for businesses?

Overview - On 22 May 2024, UK Prime Minister Rishi Sunak announced that he had requested permission from King Charles III to dissolve parliament and call a general election. The election will take place on 4 July 2024…more

Competition, Corporate Taxes, Employee Rights, Energy Policy, Financial Regulatory Reform

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Big Firms, Be Careful What You Say: First UK Competition Disparagement Decision Puts Large Companies On Notice

OVERVIEW - The UK Competition and Markets Authority (“CMA”) has recently published a decision accepting commitments from Vifor Pharma (“Vifor”). This brings to a close an unprecedented abuse of dominance investigation based…more

Abuse of Dominance, Antitrust Violations, Competition Authorities, Disparagement, Enforcement Actions

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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English High Court enforces foreign judgment that is unenforceable in the jurisdiction of origin

The English High Court held in Invest Bank PSC v El-Husseini [2023] EWHC 2302 that a foreign judgment with res judicata effect in its jurisdiction of origin can be enforced in England at common law even if it is unenforceable in…more

Enforcement of Foreign Judgments, English Common Law, Foreign Judgments, Jurisdiction, Res Judicata

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Market Trends 2018/2019: Staff Legal Bulletins No.14I and 14J on Shareholder Proposals

This market trends article discusses Staff Legal Bulletin No. 14I and Staff Legal Bulletin No. 14J of the Divisionm of Corporation Finance of the Securities and Exchange Commission, both of which provide guidance with respect to…more

Board Analysis, Compensation & Benefits, Corporate Governance, Executive Compensation, Micromanagement

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Trends and Enforcement Priorities at and Around the 2025 ABA Antitrust Spring Meeting

Antitrust and competition lawyers, economists, and enforcers from around the globe gathered in Washington, DC in early April for the American Bar Association (ABA) Antitrust Section’s Spring Meeting and related events to discuss…more

American Bar Association (ABA), Antitrust Litigation, Antitrust Violations, Big Tech, Class Action

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The Spectrum of Loan Portfolio Backleverage Options: A Primer for Private Credit Funds

EXECUTIVE SUMMARY - There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by…more

Capital Markets, Collateral, Credit, Credit Funds, Debt

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US China Trade Monthly - December 2024

As global economic and geopolitical environments enter a new era, companies need to continuously develop and adjust their coherent global business strategies to secure and further expand business opportunities in all markets…more

Acquisitions, Artificial Intelligence, Bureau of Industry and Security (BIS), Business Opportunities, Business Strategies

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Mayer Brown Submits Amicus Brief For Chamber Of Commerce In Seventh Circuit Appeal Involving Proper Application Of Punitive Damages Guideposts

Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v. Campbell,…more

Amicus Briefs, Appeals, Breach of Contract, Calculation of Damages, Chamber of Commerce

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SEC Division of Examinations Risk Alert: New SEC Leadership Continues Focus on Examinations Related to Digital Asset Securities

On February 26, 2021, the US Securities and Exchange Commission’s (“SEC”) Division of Examinations published a risk alert in connection with the offer, sale, and trading of digital assets that are securities. The risk alert…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT)

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SEC Increasingly Turns Focus Toward Strength of Cyber Risk Disclosures

On June 11, 2021, the US Securities and Exchange Commission (“SEC” or “Commission”) announced that it would focus on cybersecurity disclosures made by public companies as part of its regulatory agenda. Given the SEC’s continued…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Disclosure Requirements

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Next Steps for Companies that Filed CTA Reports

Millions of reporting companies breathed a sigh of relief on March 21, 2025, when the US Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule (the “IFR”) that exempted all domestic entities from…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Counsel, Corporate Transparency Act

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US Banking Regulators Propose Enhanced Supplementary Leverage Ratio Reform

Last week, the US federal banking regulators proposed changes to the enhanced supplementary leverage ratio (“eSLR”) requirement for US global systemically important bank holding companies (“US GSIBs”) (the “Proposal”)…more

Banking Regulators, Banking Sector, Basel III, Capital Markets, Capital Requirements

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Eighth Circuit Okays 25:1 Ratio In Fraud Case

Ordinarily, a ratio of 25:1 would ring the death knell for a punitive damages award. But just as a 1:1 ratio is not always a safe harbor, a double-digit ratio is not always indicative of a punitive award that exceeds…more

Car Dealerships, Compensatory Damages, Failure To Disclose, Fraud, Punitive Damages

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Updates to Saudi Arabia's Personal Data Protection Regulations: SCCs, Guidelines and More

As part of the latest developments regarding the personal data protection regulations in the Kingdom of Saudi Arabia ("KSA"), the Saudi Data and Artificial Intelligence Authority ("SDAIA") issued the Regulation on Personal Data…more

Data Protection, Data Transfers, International Data Transfers, Personal Data, Regulatory Oversight

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Going Through Changes: Transitioning to a LIBOR-less World for Consumer Loans

It is widely anticipated that the London Interbank Offered Rate (“LIBOR”) will be discontinued in 2021. As LIBOR commonly is used as an index rate for both residential mortgage and consumer loans, its discontinuance has the…more

Adjustable Rate Financial Products, Adjustable-Rate Mortgage, Alternative Reference Rates Committee (ARRC), Consumer Financial Products, Consumer Lenders

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Software and Data Audits: Tips to Avoid the Traps

Licensees face financial risk and operational disruption in audits by their software and data vendors. Changes in technology are driving a current surge in those audits. Join Mayer Brown partners Richard Assmus, Brad Peterson…more

Audits, Contract Negotiations, Licensees, Risk Mitigation, Software

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Structured Finance Bulletin - Winter 2020

The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact the…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Regulatory Reform, GSE

See all updates »

Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial Decisions

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The matter…more

Appeals, Brazil, Judicial Authority, Statute of Limitations, Tax Credits

See all updates »

Cross-Jurisdictional Clashes In the RCA v. Linde Dispute: Latest Developments

AT A GLANCE - It is important for foreign investors with assets and operations in Russia to know the options available to them and how different options may impact their investment protection and chances of bringing credible…more

Anti-Suit Injunctions, Arbitration, Dispute Resolution, Economic Sanctions, Enforcement Actions

See all updates »

United States Senate Finance Committee Makes Changes to Clean Energy Provisions of the Proposed One Big Beautiful Bill

On June 16, 2025, the US Senate Committee on Finance released its legislative text (the “Senate Finance Committee version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under…more

Budget Reconciliation, Clean Energy, Energy Policy, Inflation Reduction Act (IRA), Investment Tax Credits

See all updates »

Convertible Bonds: An Issuer’s Guide (2025)

Introduction - Convertible bonds are, customarily, fixed rate debt instruments issued by a company (the “issuer”), the terms of which allow the holders of the bonds to convert them into ordinary shares (common stock) of the…more

Bonds, Capital Markets, Convertible Bonds, Financial Instruments, Investment

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US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring Real Estate – But Only for Two Individual Plaintiffs

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which prohibits…more

CFIUS, China, Commercial Real Estate Contracts, FIRRMA, Florida

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ESMA Consults on Simplified Disclosure Template for Private Securitisations

The European Securities and Markets Authority (ESMA) issued a Consultation Paper on 13 February 2025 presenting a proposal for a simplified disclosure template for private securitisations. ESMA’s stated aim is to reduce…more

Capital Markets, Disclosure Requirements, EU, European Securities and Markets Authority (ESMA), European Supervisory Authorities (ESAs)

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Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial Decisions

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The matter…more

Appeals, Brazil, Judicial Authority, Statute of Limitations, Tax Credits

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Execution of Legal Assignments under Section 136 of the Law of Property Act 1925

Legal assignments under section 136 of the Law of Property Act 1925 (LPA 1925) are used in many financing transactions, including secured lending transactions and transactions involving receivables purchase arrangements, and it…more

Assignments, Banking Sector, Business Entities, Companies Act, Contract Terms

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UK Court Of Appeal Overturns Judgment In Latest Italian Swaps Decision Concerning Corporate Capacity

In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022 in the case of Banca Intesa Sanpaolo and Dexia v Comune di Venezia. In its…more

Banks, Commercial Litigation, Financial Crisis, ISDA, ISDA Master Agreement

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SEC Votes on Changes to Shareholder Proposal and Proxy Solicitation Rules

Shareholder Proposal - Rule On July 13, 2022, the US Securities and Exchange Commission (the “SEC”) proposed amendments to revise three of the substantive bases for exclusion of shareholder proposals under Rule 14a-8 of the…more

Corporate Governance, Proposed Rules, Proxy Solicitations, Proxy Voting, Publicly-Traded Companies

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Data Center Projects in Asia - Recent Trends, Key Risks, and Mitigation Strategies

GROWING DEMAND FOR DATA CENTERS - As many involved in Asian infrastructure today will testify, Asia’s digital transformation is fueling an unprecedented demand for data centers…more

Asia, Construction Project, Data Centers, Electricity, Energy Efficiency

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California Privacy Protection Agency Intensifies Enforcement: Recent Enforcement Actions and Trends

The California Privacy Protection Agency (CPPA) has intensified its enforcement activities in 2025, bringing enforcement actions under both the California Consumer Privacy Act (CCPA) and the California Delete Act in the last few…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Brokers, Data Collection

See all updates »

NAV Credit Facilities: The Spectrum of Collateral Structures

Executive Summary - Net Asset Value (“NAV”) credit facilities are a tool that borrowers may use to access financing based on the value of their underlying investment portfolio. The users of these facilities are generally…more

Borrowers, Collateral, Credit Facilities, Financial Institutions, Financial Services Industry

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Delaware Law Alert: Conditions Precedent Under the Microscope—Key Lessons for M&A Agreements

In Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC,1 the Delaware Supreme Court recently adopted a complex framework for determining when noncompliance or partial compliance with a…more

Breach of Contract, Condition Precedent, Contract Disputes, Delaware, Dispute Resolution

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US NAIC Spring 2025 National Meeting Highlights: Innovation, Cybersecurity, and Technology (H) Committee

On March 26, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) met at the Spring 2025 US National Meeting of the National Association of Insurance Commissioners (“NAIC”). The meeting covered the…more

Artificial Intelligence, Cybersecurity, Data Privacy, Health Insurance, Insurance Industry

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Resolução CVM 226 entra em vigor com modernizações do Marco Legal das Garantias

AT A GLANCE - A Resolução CVM 226, em vigor desde 10 de março de 2025, incorpora modernizações trazidas pelo Marco Legal das Garantias, revogando a necessidade de registro da escritura de emissão de debêntures em juntas…more

Brazil, Capital Markets, Compliance, Corporate Governance, Disclosure Requirements

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CPUC Authorizes Procurement of 10.6 GW of Clean Energy Resources Under AB 1373

The California Public Utilities Commission (CPUC) issued a decision on August 22, 2024, authorizing the Department of Water Resources (DWR) to procure up to 10.6 gigawatts (GW) of clean energy resources, including up to 7.6 GW…more

California, Clean Energy, CPUC, Department of Water Resources, Energy Projects

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Stock Options tem caráter mercantil e não remuneratório, diz STJ

O Superior Tribunal de Justiça (STJ) decidiu que as opções de compra de ações concedidas a administradores e empregados tem caráter mercantil e não remuneratório. Com isso, o Imposto de Renda da Pessoa Física (IRPF) não pode ser…more

Brazil, Income Taxes, Stock Options

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UK Hydrogen Strategy: The Transition From Imagining to Building a Market

Introduction - The UK’s Hydrogen Strategy landed this month, to some extent making up for its delay with evident enthusiasm underlining the breadth and depth of work undertaken. …more

Energy Policy, Energy Projects, Energy Storage, Exports, Hydrogen Power

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OCC Reiterates Full Scope of Crypto Custody Authority of Banks It Regulates

On May 7, 2025, the Office of the Comptroller of the Currency (“OCC”) issued Interpretative Letter 1184 (“IL 1184”) confirming that national banks and federal savings associations may provide cryptocurrency custody activities…more

Banks, Cryptocurrency, Digital Assets, Financial Institutions, Financial Regulatory Reform

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A Post-CARS Rule Brake? Not So Fast. Buckle Up for New Regulatory Activity in the Motor Vehicle Space

The Fifth Circuit vacated the Federal Trade Commission’s (“FTC”) Combating Auto Retail Scams Trade Regulation Rule (“CARS Rule”) on January 27, 2025, determining that the FTC failed to follow its own procedural requirements in…more

Automotive Industry, CARS Rule, Consumer Protection Laws, Enforcement Actions, Federal Trade Commission (FTC)

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between arbitration…more

Arbitration, Arbitration Agreements, Contractors, Court of Cassation, Dispute Resolution

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ESAs’ Opinion to the European Commission on the Jurisdictional Scope of Application of the EU Securitisation Regulation

The European Supervisory Authorities (the "ESAs") have published an opinion on 25 March 2021 entitled "ESAs’ Opinion to the European Commission on the Jurisdictional Scope of Application of the Securitisation Regulation" (the…more

Buy-Side Trading, Capital Requirements Regulation (CRR), EU, European Supervisory Authorities (ESAs), Financial Markets

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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Overhaul of Regulatory Capital Requirements Proposed by US Banking Regulators

On July 27, 2023, US federal banking regulators issued proposals to (i) significantly revise the riskbased regulatory capital requirements for certain midsize and larger US banking organizations (the “Capital Proposal”), and…more

Banks, Capital Requirements, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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DOJ’s Criminal Division Updates Policy on 3 Key Topics: Artificial Intelligence, Whistleblower Programs, and Compliance Program Resources

On September 23, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri (PDAAG), speaking at the Society of Corporate Compliance and Ethics Annual Compliance & Ethics Institute, announced three key updates to US…more

Anti-Corruption, Artificial Intelligence, Compliance, Compliance Management Systems, Criminal Investigations

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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Delaware Changes Its Corporate Law: What Litigators and Clients Need To Know About Senate Bill 21

On March 25, Delaware Governor Matt Meyer enacted a sweeping reform of the state’s corporate law, signing Senate Bill 21 into effect. The bill, which received bipartisan support in the legislature, aims to attract and retain…more

Board of Directors, Books & Records, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Supreme Court Focuses NEPA Review: Implications for US Infrastructure

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy Act…more

Energy Projects, Environmental Litigation, Infrastructure, Investment, Judicial Authority

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Working Capital - Second Edition 2021

When I think about transformations in the energy industry, I often think of the great inventor Thomas Edison, who was not only responsible for hundreds of important inventions but who also set the stage for a breakthrough form…more

Biden Administration, Carbon Capture and Sequestration, Charging Stations, Clean Energy, Climate Change

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Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future

The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia) may…more

Breach of Contract, Contract Disputes, Contract Drafting, Contract Terms, Economic Sanctions

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In re Match Group, Inc.: Delaware Supreme Court Clarifies Standard of Review for Controlling Stockholder Transactions

In a recent decision, the Delaware Supreme Court clarified the proper standard to apply to a non-freeze-out merger transaction involving a controlling stockholder. Litigators who practice in the Delaware Court of Chancery are…more

Breach of Duty, Business Judgment Rule, Business Litigation, Controlling Stockholders, Corporate Sales Transactions

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United States: Health and Welfare Hot Topics

At A Glance - In recent months, there have been a number of important developments in the United States relating to health and welfare plans. This list of hot topics identifies the key areas for employers and plan sponsors to…more

Benefit Plan Sponsors, COBRA, Employee Benefits, Employer Group Health Plans, Employer Liability Issues

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French Court Rejects Attempt to Use Civil Code to Usurp Brussels Recast Principles on Jurisdiction

In a decision issued on 2 April 2025, the French Cour de Cassation considered the validity of a jurisdiction clause under Article 25(1) of the Brussels Recast1. The French court rejected an attempt to invoke French national…more

Choice-of-Law, Civil Code, Contract Disputes, Contract Terms, Court of Cassation

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Mexico’s 2025 Judicial Elections and Dispute Resolution

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid…more

Arbitration, Ballots, Dispute Resolution, Investors, Judges

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between arbitration…more

Arbitration, Arbitration Agreements, Contractors, Court of Cassation, Dispute Resolution

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Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial Decisions

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The matter…more

Appeals, Brazil, Judicial Authority, Statute of Limitations, Tax Credits

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SEC Crypto Task Force Holds Roundtable on Crypto Custody

On March 25, 2025, the Securities and Exchange Commission (“SEC”) held a Crypto Task Force roundtable to explore regulatory considerations surrounding custody of crypto assets through broker-dealers and other financial…more

Broker-Dealer, Cryptocurrency, Digital Assets, FinTech, Investment Adviser

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California Privacy Protection Agency Intensifies Enforcement: Recent Enforcement Actions and Trends

The California Privacy Protection Agency (CPPA) has intensified its enforcement activities in 2025, bringing enforcement actions under both the California Consumer Privacy Act (CCPA) and the California Delete Act in the last few…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Brokers, Data Collection

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Understanding How ‘Course of Performance’ Principles Impact Financings

EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle is…more

Borrowers, Breach of Contract, Contract Disputes, Contract Interpretation, Contract Terms

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All Change at the Top: What Might New Leadership at Antitrust Regulators Around the World Mean for Global Businesses?

Over the past six months, big-hitting global competition authorities have undergone significant leadership changes. Here, we consider the impact of these developments on global businesses…more

Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Competition Authorities, Department of Justice (DOJ)

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Legal Update: Volcker Rule Revisions Adopted by Agencies

The Federal Deposit Insurance Corporation (“FDIC”) and Office of the Comptroller of the Currency (“OCC”) have finalized revisions to the proprietary trading and compliance program provisions of the Volcker Rule (the “2019…more

Compliance Management Systems, Covered Funds, Derivatives, Exemptions, Financial Markets

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these…more

Acquisition Agreements, Clean Tech, Consumer Insurance Products, Liability Insurance, Merger Agreements

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US Infrastructure Investment and Jobs Act of 2021 – Assessing the Potential Impact on Electric Vehicles and Electric Vehicle Infrastructure

On August 10, 2021, the US Senate voted to pass the Infrastructure Investment and Jobs Act (the “IIJA”). The IIJA would provide a total of $1.2 trillion in federal investment in infrastructure, including an unprecedented level…more

Charging Stations, Electric Vehicles, Federal Budget, Federal Funding, Infrastructure

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FCPA Un-Paused: DOJ Announces New Guidelines for FCPA Enforcement

On June 9, 2025, in a memorandum entitled Guidelines for Investigations and Enforcement of the FCPA(the “Guidelines”), the Department of Justice (DOJ) signaled that Foreign Corrupt Practices Act (FCPA) investigations and…more

Anti-Corruption, Bribery, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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SEC Issues Concept Release on Definition of Foreign Private Issuer

On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the current…more

Capital Formation, Capital Markets, Financial Markets, Foreign Private Issuers, Regulatory Reform

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Late Payment Regulation: the European Parliament introduces amendments as it adopts its first reading position

On 23 April 2024, the European Parliament (EP) adopted its first-reading position and, in doing so, introduced amendments to the European Commission's (EC) proposal for a Regulation on late payment. In our update from last…more

Creditors, Debtors, EU, European Commission, European Parliament

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FCC Confirms Utilities Demand Response Communications are Permissible Under the Telephone Consumer Protection Act

On June 9, 2025, the Federal Communications Commission (“Commission”) issued a declaratory ruling clarifying that utilities may send non-telemarketing, time-sensitive “demand-response” calls and texts to customers who have…more

Demand Response, FCC, Prior Express Consent, Regulatory Authority, TCPA

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Hong Kong's New Capital Investment Entrant Scheme

Introduced in the 2023-2024 Budget, the new and revamped Capital Investment Entrant Scheme (New CIES) aims at enriching the talent pool and attracting more new capital to Hong Kong. It is one of the eight policy measures under…more

Asset Management, Capital Investments, Capital Markets, Eligibility, Financial Services Industry

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U.S. Federal Reserve Launches Main Street Lending Program by Opening Lender Registration and Updates Loan and Participation Documentation

On June 15, 2020, the Federal Reserve launched the highly anticipated Main Street Lending Program by announcing that the program is open for lender registration and encouraged lenders to begin making program loans to small and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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Third Circuit Orders Hertz to Pay Noteholders Post-petition Interest, including Make-Whole Premiums, at Contract Rates

The US Court of Appeals for the Third Circuit recently held that Hertz’s noteholders are entitled to post-petition interest payments, including make-whole premiums, at the contract rate as part of the company’s Chapter 11 plan…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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US NAIC Spring 2025 National Meeting Highlights: Innovation, Cybersecurity, and Technology (H) Committee

On March 26, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) met at the Spring 2025 US National Meeting of the National Association of Insurance Commissioners (“NAIC”). The meeting covered the…more

Artificial Intelligence, Cybersecurity, Data Privacy, Health Insurance, Insurance Industry

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Recovery of VAT on DB Pension Scheme Investment Costs – New HMRC Policy

HMRC has announced a new policy on the recovery by employers of VAT charged on investment services provided to their DB pension schemes. Until 18 June 2025, the extent to which an employer could recover any VAT paid on…more

Employee Benefits, HMRC, Investment, New Guidance, Pensions

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Advantages of Express LPA Third-Party Beneficiary Provisions for Subscription Credit Facility Lenders

An express third-party beneficiary provision running in favor of a lender in a fund’s limited partnership agreement (an “LPA”) is helpful for subscription credit facilities. It bolsters the rights and remedies of a subscription…more

Beneficiaries, Contract Terms, Creditors, Investment Funds, Lenders

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Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as, in…more

Breach of Contract, Contract Negotiations, Contract Terms, Damages, Gross Negligence

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Examining New Guidance from the USPTO on Discretionary Denials in AIA Post-Grant Proceedings

Recent changes at the US Patent and Trademark Office (USPTO) concerning the Patent Trial and Appeal Board's (PTAB) discretion to deny institution of inter partes reviews (IPRs) or post-grant reviews (PGRs) based on parallel…more

Administrative Procedure Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Inventions

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ERISA Cases in a Post-Chevron World

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL)

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FCRA in Focus

Join us for a new episode of Financial Services Focus with partner Eric Mitzenmacher and associate Kerri Webb, as they discuss the CFPB's recently proposed FCRA rulemaking, which, if finalized as proposed, would affect the…more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Data Brokers, Data Privacy, Data Protection

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The Consequences of the US Supreme Court’s Decision Upholding the CFPB’s Funding Structure

On May 16, 2024, the US Supreme Court upheld the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) funding structure in a decision that will have significant ramifications on both the CFPB’s rulemaking and…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Dodd-Frank

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Landmark Victory Secured in Singapore Arbitration Jurisdiction Challenge Case

A landmark victory was obtained on behalf of Frontier Holdings Ltd (FHL), against Petroleum Exploration (Pvt) Ltd (PEL) in proceedings before the Singapore International Commercial Court (SICC)…more

Arbitration, Arbitration Agreements, Contract Terms, Dispute Resolution, Foreign Investment

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Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California…more

California, CIPA, Consumer Privacy Rights, Corporate Counsel, Data Collection

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Seeing Around Corners: Where Disruption and Antitrust Meet

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting…more

Acquisitions, Algorithms, Antitrust Litigation, Antitrust Provisions, Artificial Intelligence

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US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring Real Estate – But Only for Two Individual Plaintiffs

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which prohibits…more

CFIUS, China, Commercial Real Estate Contracts, FIRRMA, Florida

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ERISA Cases in a Post-Chevron World

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL)

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Updates and Summary of the Evolving Executive Federal Funding Freeze

On January 20, 2025, President Donald Trump signed several executive orders pausing several federal funding streams while the Trump Administration evaluates whether covered government financial assistance aligns with the…more

Department of Justice (DOJ), Department of Labor (DOL), Department of Transportation (DOT), Executive Orders, Federal Funding

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US DOT Allocates $615 Million for EV Charging Station Networks

Allocations of $615 million in funds for electric vehicle (EV) infrastructure in the US under the National Electric Vehicle Infrastructure Formula Program (NEVI Program) moved forward with recent publications from the US…more

Automotive Industry, Charging Stations, Climate Action Plan, Department of Transportation (DOT), Electric Vehicles

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Mexico’s 2025 Judicial Elections and Dispute Resolution

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid…more

Arbitration, Ballots, Dispute Resolution, Investors, Judges

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Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow…more

Bankruptcy Code, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Deeds

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Novas Regras para Homologação e Operação dos Sistemas Free Flow nas Rodovias Brasileiras

A Portaria Senatran nº 442/2025, publicada em 12 de junho de 2025, estabelece os procedimentos obrigatórios para homologação e interoperabilidade de sistemas de livre passagem (free flow) em rodovias de todo o território…more

Brazil, Highways, New Regulations, Penalties, Regulatory Oversight

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Private equity funds accelerate acquisitions of oil and gas assets

London – Private equity funds bought £11.9 billion of European oil and gas businesses in 2021, up from just £232 million in 2020, shows research from Mayer Brown, the global law firm…more

Acquisition Agreements, Corporate Sales Transactions, Investment, Investment Portfolios, Investors

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Delaware Law Alert: Efforts Standards in Life-Sciences Earnout Provisions

In two significant recent opinions, the Delaware Chancery Court ruled against the buyers of life sciences companies, holding that they failed to apply commercially reasonable efforts to achieve earnout milestones. In Fortis…more

Acquisition Agreements, Breach of Contract, Commercially Reasonable Efforts, Corporate Sales Transactions, Damages

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ERISA Cases in a Post-Chevron World

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL)

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UK Weekly Sanctions Update - Week of June 16, 2025

In this weekly update, we summarise the most notable updates in the UK sanctions world. Russia Sanctions UK government adds 10 new entries and specifies 20 ships under the Russia regime: On June 17, 2025, the UK government added…more

Anti-Corruption, Economic Sanctions, Enforcement Actions, Export Controls, Financial Crimes

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Congress Proposes a ‘Big Stick’ to Target Discriminatory Tax Measures

At the onset of its second term, the Trump Administration made clear that the United States opposed the current status of the design and implementation of the Global Anti-Base Erosion Model Rules, (“GloBE” or “Pillar 2”)…more

Corporate Taxes, International Tax Issues, OECD, Proposed Legislation, Tax Policy

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Neues Jahr, neues Recht: Das Personengesellschaftsrecht ist modernisiert!

Mit dem Jahreswechsel ist das Gesetz zur Modernisierung des Personengesellschaftsrechts (kurz „MoPeG“) in Kraft getreten und hat erhebliche Änderungen insbesondere für die Gesellschaften bürgerlichen Rechts („GbR“) gebracht:…more

Corporate Governance, Germany, Partnership Agreements, Partnerships, Shareholder Rights

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All Change at the Top: What Might New Leadership at Antitrust Regulators Around the World Mean for Global Businesses?

Over the past six months, big-hitting global competition authorities have undergone significant leadership changes. Here, we consider the impact of these developments on global businesses…more

Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Competition Authorities, Department of Justice (DOJ)

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Illinois Enacts Tax Incentives to Attract Electric Vehicle Manufacturing

In November 2021, Illinois Governor JB Pritzker signed the Reimagining Electric Vehicles Act (the “REV Act”), which, together with the recently enacted Climate and Equitable Jobs Act, further incentivizes the production and…more

Automotive Industry, Climate Action Plan, Electric Vehicles, Infrastructure, Innovative Technology

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Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for…more

Administrative Procedure Act, Bid Protests, COFC, Corporate Counsel, Federal Acquisition Regulations (FAR)

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ESOP Update: Installment Sales Rules Save ESOP Footfall in Berman v. Comm’r

Berman v. Comm’r,  released on July 16, 2024, is a great example of making lemonade when life hands you a lemon. Although the taxpayers lost the federal income tax deferral of a stock sale to an employee stock ownership plan (an…more

Employee Benefits, Employee Stock Purchase Plans, ESOP, Executive Compensation, Income Taxes

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Trends in US Cybersecurity Regulation

As cybersecurity rules proliferate, companies must navigate a maze of new, and often overlapping, proactive and reactive cybersecurity requirements and guidance. This Legal Update surveys new cybersecurity rules and regulations…more

Critical Infrastructure Sectors, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach

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FERC Ends Reactive Power Compensation

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 904, Compensation for Reactive Power Within the Standard Power Factor Range (the “Final Rule”), determining it unjust and unreasonable for…more

Electric Generation Suppliers, Electricity, Energy Policy, FERC, Infrastructure

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The ESMA Sets Out Its Long-term Vision on the Functioning of the Sustainable Finance Framework

On 24 July 2024, the European Securities and Markets Authority ("ESMA") published an opinion on the sustainable finance regulatory framework (the "ESMA Opinion"), which outlines the ESMA's long-term vision for the functioning of…more

Environmental Social & Governance (ESG), EU, European Commission, European Securities and Markets Authority (ESMA), European Supervisory Authorities (ESAs)

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US NAIC Spring 2025 National Meeting Highlights: Innovation, Cybersecurity, and Technology (H) Committee

On March 26, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) met at the Spring 2025 US National Meeting of the National Association of Insurance Commissioners (“NAIC”). The meeting covered the…more

Artificial Intelligence, Cybersecurity, Data Privacy, Health Insurance, Insurance Industry

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Participations in the Fund Finance Market

EXECUTIVE SUMMARY - Participations are increasingly being utilized in the finance industry, serving as a mechanism for lenders to manage credit exposure, diversify loan portfolios, optimize capital utilization, and distribute…more

Assignments, Banking Sector, Compliance, Contract Terms, Credit Agreements

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The SEC Brings Another Enforcement Action On Related Party Transaction Disclosures

On March 7, 2024, the Securities and Exchange Commission (the “SEC”) announced that Skechers U.S.A. Inc. (“Skechers”) agreed to a cease-and-desist order for failing to disclose payments for the benefit of its executives and…more

Cease and Desist Orders, Compensation & Benefits, Disclosure Requirements, Enforcement Actions, Executive Compensation

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Navigating M&A Transactions Amidst Trump’s Tariffs: Five Key Legal Issues to Consider in Today’s Market

The introduction of tariffs under the Trump Administration—and their subsequent partial (yet perhaps temporary) rollback—has added a new layer of complexity and a great deal of uncertainty to the high-stakes world of M&A…more

Contract Terms, Due Diligence, International Trade, Representations and Warranties, Risk Management

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U.S. Federal Reserve Launches Main Street Lending Program by Opening Lender Registration and Updates Loan and Participation Documentation

On June 15, 2020, the Federal Reserve launched the highly anticipated Main Street Lending Program by announcing that the program is open for lender registration and encouraged lenders to begin making program loans to small and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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China Finalises the Measures for Personal Information Protection Compliance Audits

On 14 February 2025, the Cyberspace Administration of China (“CAC”) issued the “Administrative Measures for Personal Information Protection Compliance Audits” (the "Measures"), which will take effect on 1 May 2025. The Measures…more

Audits, China, Data Controller, Data Privacy, Data Protection

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Singapore's Green Data Centre Roadmap – Representing a Necessary Intersection between Digital Infrastructure and Sustainability

1. Introduction - The demand for digital infrastructure has seen exponential growth in the recent years, largely driven by the larger economic trend of digitalisation and artificial intelligence (AI) being harnessed and…more

Data Centers, Economic Development, Energy Efficiency, Energy Sector, Green Energy

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Hong Kong Proposes a Legal Framework for Regulating Critical Infrastructures

INTRODUCTION - The acceleration of cyber-attacks on companies in Hong Kong in the last year or so (– with over 60 notifications of such attacks being received by the Office of the Privacy Commissioner of Hong Kong in 2023,…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Framework

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UK Supreme Court Clarifies Basis of ‘Knowing Receipt’ Claims Arising From Breach of Fiduciary Duty

"The law on 'knowing receipt' has perplexed judges and academics alike for several decades" – Lord Burrows (paragraph 99). In a decision with significant implications for claims involving fraud and breach of fiduciary duty -…more

Beneficial Owner, Breach of Duty, Breach of Trust, Business Ownership, Fiduciary Duty

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1% Stock Buyback Tax: US Treasury, IRS Release Proposed Regulations

On April 9, 2024, the US Department of the Treasury and the Internal Revenue Service issued long-awaited proposed regulations under Section 4501 of the Internal Revenue Code (the “Code”) regarding the 1% stock buyback excise tax…more

Excise Tax, Internal Revenue Code (IRC), IRS, Share Buybacks, U.S. Treasury

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Subscription Credit Facilities: Understanding the Collateral

Subscription credit facilities, commonly referred to as “sub-lines” or “capital call facilities,” are a cornerstone of private equity finance. These facilities are secured by a bespoke collateral package that protects lenders in…more

Collateral, Contract Terms, Credit Facilities, Due Diligence, Investment Funds

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New EU Cyber Rules: Implementation of NIS2 in the EU Member States

The Network and Information Security 2 Directive (EU) 2022/2555 ("NIS2") entered into force on 16 January 2023. NIS2 sets cyber rules for organizations whose services are considered essential or important for maintaining…more

Compliance, Cybersecurity, Data Protection, Data Security, EU

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Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended interpretation…more

Antitrust Provisions, Competition, EU, EUMR, European Commission

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Bipartisan Legislation to Strengthen Disclosure Requirements for Foreign Companies Listed on U.S. Exchanges

Recently, a bipartisan bill was introduced in Congress that would require that U.S. listed foreign companies provide U.S. regulators access to accounting records tied to audit reports…more

Audit Reports, Disclosure Requirements, Financial Accounting, Financial Reporting, Foreign Corporations

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English High Court enforces foreign judgment that is unenforceable in the jurisdiction of origin

The English High Court held in Invest Bank PSC v El-Husseini [2023] EWHC 2302 that a foreign judgment with res judicata effect in its jurisdiction of origin can be enforced in England at common law even if it is unenforceable in…more

Enforcement of Foreign Judgments, English Common Law, Foreign Judgments, Jurisdiction, Res Judicata

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IRS Issues Final Carbon Capture Regulations

On January 6, 2021, the US Internal Revenue Service (the “IRS”) issued final regulations (T.D. 9944) (the “Final Regulations”) on the Section 45Q carbon capture tax credit (the “Carbon Credit”). The Final Regulations implement…more

Carbon Capture and Sequestration, Carbon Emissions, Critical Infrastructure Sectors, Energy Projects, Greenhouse Gas Emissions

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Landmark Victory Secured in Singapore Arbitration Jurisdiction Challenge Case

A landmark victory was obtained on behalf of Frontier Holdings Ltd (FHL), against Petroleum Exploration (Pvt) Ltd (PEL) in proceedings before the Singapore International Commercial Court (SICC)…more

Arbitration, Arbitration Agreements, Contract Terms, Dispute Resolution, Foreign Investment

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Guia Da Reforma Do Setor Eletrico

Em 21/05/2025, foi publicada a Medida Provisória nº 1.300/2025 (“Medida Provisória” ou “MP”), conhecida como MP da Reforma do Setor Elétrico. A iniciativa do Ministério de Minas e Energia (“MME”) foi estruturada em três eixos…more

Brazil, Electricity, Energy Policy, Energy Reform, Energy Sector

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US-Ukraine Minerals Deal: Unlocking Ukraine's Mineral Potential

On 30 April 2025, the Governments of Ukraine and the United States of America signed an Agreement on the Establishment of a United States-Ukraine Reconstruction Investment Fund (the "Agreement"). The official final draft of the…more

Economic Development, Energy Projects, Foreign Investment, International Trade, Investment Funds

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EU AI Act: Ban on Certain AI Practices and Requirements for AI Literacy Come Into Effect

The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning the use of AI systems that involve prohibited AI practices and requiring providers and deployers of AI systems to…more

Artificial Intelligence, Data Protection, Employee Training, EU, Facial Recognition Technology

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US Senate Finance Committee Makes Changes to Proposed Section 899

The US Senate Finance Committee has released a substitute (the “Senate version”) for the tax provisions of the “One Big Beautiful Bill,” the budget reconciliation bill currently under consideration by Congress. An earlier…more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Foreign Tax, Internal Revenue Code (IRC), International Tax Issues

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Lost in Translation: The Doctrine of Foreign Equivalents in Trademark Law

In this episode of The Upper Brand, Kristine Young and Rich Assmus discuss the recent Federal Circuit case regarding the doctrine of foreign equivalents in trademark law. They explore the concepts of descriptiveness and…more

Appeals, CAFC, Descriptive Trademarks, Intellectual Property Litigation, Lanham Act

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2025 Trends for Technology Transactions

2025 is shaping up to be a busy year in tech. While blustery economic tailwinds continue to drive digital transformation, a new presidential administration promises shifts in policy that will likely keep businesses on their…more

Acquisitions, Artificial Intelligence, Emerging Technologies, Machine Learning, Mergers

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Market Trends 2020/21: Brexit Disclosure - A Practical Guidance

This practice note identifies Brexit-related disclosures that offer detailed discussions of its effects, including how Brexit might impact the company, its employees, management, operations, and prospects. The company name, its…more

Disclosure Requirements, Financial Markets, Investment, MD&A Statements, Prospectus

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Trump Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of disparate-impact…more

Civil Rights Act, Disparate Impact, Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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What to Expect in Securitization in 2025

Please join Mayer Brown partners Frank Doorley, Patrick Healy, Janice Kong, and Tameem Zainulbhai for a discussion on What to Expect in 2025 in the fields of structured finance and securitization. They will examine some key…more

Capital Markets, Financial Institutions, Financial Services Industry, FinTech, Investment

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Private Equity Investments in Germany - The Human Capital Aspect

INTRODUCTION TO HR RISKS IN PE INVESTMENTS - Private equity (PE) investments in Germany present unique challenges and opportunities, particularly from a human resources (HR) perspective. The intricacies of German employment,…more

Corporate Governance, Employee Representatives, Employee Retention, Germany, Investment

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SEC Issues Concept Release on Definition of Foreign Private Issuer

On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the current…more

Capital Formation, Capital Markets, Financial Markets, Foreign Private Issuers, Regulatory Reform

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SEC Adopts Amendments for Reporting Beneficial Ownership on Schedules 13D and 13G

On October 10, 2023, the U.S. Securities and Exchange Commission (the “SEC”) adopted changes to Schedules 13D and 13G relating to beneficial ownership reports (the “Amendments”). The Amendments are intended to modernize the…more

Beneficial Owner, EDGAR, Final Rules, New Regulations, Publicly-Traded Companies

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Proposed Bad Actor Disqualification Act of 2019 and SEC Statement on Contemporaneous Settlement Offers and Waiver Requests

Last month, Representative Maxine Waters, chair of the House Financial Services Committee, introduced a bill entitled Bad Actor Disqualification Act of 2019 (“proposed bill”). The proposed bill is intended to increase…more

Bad Actors, Financial Services Committee, Financial Services Industry, Legislative Agendas, Proposed Legislation

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President Trump Issues “America First” Trade Policy

At A Glance - The second Trump Administration’s "America First Trade Policy" orders a comprehensive review of US trade and economic policies, focusing on trade deficits, unfair trade practices, and the impact of existing…more

Canada, China, Export Controls, Mexico, National Security

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Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards…more

Arbitration, Arbitration Agreements, Arbitration Awards, China, Contract Negotiations

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SEC Crypto Task Force Seeks Input on Regulatory Framework

On February 21, 2025, Commissioner Hester Peirce released a statement inviting input from interested parties on the regulation of crypto assets.  Commissioner Peirce stated that greater crypto clarity requires the public’s…more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

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Our 12 Most Common Insolvency Questions in Receivables and Payables Finance

Supply chain finance products have a well-deserved reputation of being fairly low risk propositions. The majority of facilities are uncommitted, exposures are typically short-term and many counterparties are highly rated and…more

Accounts Receivable, Commercial Bankruptcy, Coronavirus/COVID-19, Goods or Services, Insolvency

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