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NAIC Regulatory Treatment of Hybrid Securities
The regulatory treatment of hybrid securities held by insurers has recently received significant attention from the capital markets and the insurance industry. Hybrids are complex, uniquely structured instruments with characteristics of both equity and debt. Typically, they have an extended...
Read MoreEnjoin The Byrd Amendment
Since its enactment in October 2000, the Continued Dumping and Subsidy Offset Act (a.k.a. the 'Byrd Amendment') has been the target of remonstration because it pays private parties federal taxes collected on imported goods.The payouts violate U.S. international obligations not to restrain trade...
Read MoreThe New Big Thing In Trade Law: Post-Order Antidumping And Countervailing Duty Settlements
There is a new trade-law game in Washington: post-order antidumping (AD) and countervailing duty (CVD) settlements. Over the last 35 years, "settlements" have traditionally been confined to pre-order suspension agreements under 19 U.S.C. 1671c and 1673c. Settlement after an order has been imposed...
Read MoreSupreme Court Abolishes Automatic Injunctions Against Patent Infringement
In eBay Inc. v. MercExchange, L.L.C.,1 the Supreme Court has rebalanced the calculus to be applied in determining whether to grant permanent injunctions in patent cases. The Court unanimously struck down the Federal Circuit's general rule that, once a patent is found to be valid and infringed, an...
Read MoreNavigating The Privacy Maze In The U.S. And Abroad
Editor: Please describe the privacy conference in Washington that took place May 5-6 and your role. Eleftheriou: The privacy conference was co-sponsored by the ABA Section of International Law and the International Young Lawyers Association. I have leadership roles in both organizations and was...
Read MoreSupreme Court Shortens The Reach Of Antitrust
Read literally, the Sherman Act would seem to outlaw virtually all conduct that in any way restrains competition. In addition to chilling purely pro-competitive behavior, such an interpretation would prohibit competitive restraints that, on balance, benefit consumers. Thankfully, the courts and...
Read MoreSEC Executive Compensation Proposals: Governance, Comments, And Embarrassing Disclosures - Part II
In the April issue, we summarized some of the principal changes that would result from the SEC's proposals regarding disclosure of executive compensation practices. The SEC comment period has now closed, with most comments broadly supporting the SEC's initiatives. While it will take time to...
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