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US Supreme Court Refuses to Review Ninth Circuit <i>Lusnak</i> Decision Requiring National Banks to Abide by State Interest-on-Escrow Laws

Yesterday, the Supreme Court announced that it would not review the Ninth Circuit’s decision in Lusnak v. Bank of America, N.A., 883 F.3d 1185 (9th Cir. 2018), and would thus leave intact a ruling that compels national banks to comply with state laws requiring the payment of interest on escrow accounts.

CA Appellate Court: Chinese Parties Cannot Agree to Waive Hague Convention Service Requirements and Must Be Served Through China’s Central Authority

In Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology, Co., Ltd., a California Court of Appeal voided a $414 million arbitration judgment entered against Changzhou Sinotype on the grounds of improper service under the Hague Convention—despite the parties’ agreement to waive Hague Convention service requirements and US personal jurisdiction defenses.

Vietnam Competition Law Series - Issue 2: Restrictive Agreements in Vietnam – Towards Greater Clarity and Coverage in 2019

This latest issue in our Vietnam Competition Law series focuses on how restrictive agreements are regulated in Vietnam, and highlights the differences between the 2004 Law on Competition and the upcoming 2018 Law on Competition.

CFTC Permanently Sets the Swap Dealer De Minimis Threshold at $8 Billion and Determines Not to Adopt Other Proposed Changes

On November 5, 2018, the US Commodity Futures Trading Commission (“CFTC”) finalized an amendment to the de minimis exception within the swap dealer (“SD”) definition (“SD Threshold Amendment”),1 which permanently sets the de minimis threshold at its current, phase-in level2 of $8 billion in aggregate gross notional amount of swap positions connected with dealing activities.

Reinsurance Collateral Requirements – They Are A-Changing: An Update on the Covered Agreement Prior to the NAIC Fall Meeting

Bylined article by US Insurance Regulatory partner Lawrence Hamilton (Chicago) and associate Sanjiv Tata (New York).

New Case Applies <em>Kovel</em> Privilege to Client–Accountant Emails

The resolution of any complex tax litigation necessarily involves working with accountants as well as with lawyers. In many instances, the confidentiality afforded to federally authorized practitioners may not be sufficient to shield communications between accountants and taxpayers from US Internal Revenue Service (IRS) scrutiny.

Pilot Program Launches, Expanding CFIUS Jurisdiction over Foreign Investment in Sensitive U.S. Businesses and Mandating That Parties File

With the recent passage of the U.S. Foreign Investment Risk Review Modernization Act (“FIRRMA”), businesses and investors have been watching closely to see exactly how the law will expand the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”).

A Global Guide to Employee Data Privacy

The Employment & Benefits group is pleased to announce the publication of A Global Guide to Employee Data Privacy, the latest in our series of global guides.

Singapore Infrastructure Dispute-Management Protocol

On October 23, 2018 Singapore’s Ministry of Law launched the Singapore Infrastructure Dispute-Management Protocol, as a way to help parties to mega infrastructure projects navigate disputes and minimize the risks of time and cost overruns.

When might judicial conduct constitute apparent bias and result in an unfair trial?

In the recent case of M&P Enterprises (London) Limited v Norfolk Square (Northern Section) Limited, the High Court was asked to set aside a trial Judgment on the basis that, given the trial Judge’s alleged bias, theprocess underlying the Judgment was so unfair as to render its outcome void.

Is Plain or Standardised Packaging for Tobacco Products a Harbinger of the Future Facing Fatty Foods, Alcohol Products and Sugared Drinks?

On 31 October 2018, Singapore’s Ministry of Health issued a proposal to introduce plain packaging for tobacco products in 2020. This came on the heels of the June 2018 World Trade Organisation (WTO) panel findings on the consistency of Australia's plain packaging regulations with WTO rules.

Ball of Confusion (That’s What the World (of Leveraged Lending and Other Supervisory Guidance) Is Today)

With apologies to the Temptations, the title to their classic song seems to apply to the current state of leveraged lending and other supervisory guidance issued by various regulatory agencies in the United States.