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Senate Finance Committee Takes Unanimous Step Toward FIRPTA Reform

February 12, 2015 | Skadden, Arps, Slate, Meagher & Flom LLP | Pamela Lawrence Endreny, Edward E. Gonzalez, David F. Levy, Diana M. Lopo, David Polster, Sarah E. Ralph, John D. Rayis, Alicia C. Beyer

On February 11, the Senate Finance Committee unanimously approved a reform to FIRPTA that demonstrates continued bipartisan legislative commitment to reforming FIRPTA and would open the door to substantial new foreign investment in U.S. real property.

Corporate Finance Alert: SEC Staff Issues New Guidelines for Abbreviated Debt Tender Offers

February 12, 2015 | Skadden, Arps, Slate, Meagher & Flom LLP | Brian V. Breheny, Adrian J. S. Deitz, Rajeev P. Duggal, Gregory A. Fernicola, Z. Julie Gao, Michelle Gasaway, David J. Goldschmidt, Stephan Hutter, Thomas J. Ivey, Stacy J. Kanter, Laura A. Kaufmann Belkhayat, Jonathan B. Ko, Riccardo A. Leofanti, James A. McDonald, Andrea L. Nicolas, Gregg A. Noel, Jonathan B. Stone, Danny Tricot, Pranav L. Trivedi, Yossi Vebman, Richard C. Witzel, Jr., Dwight S. Yoo, Michael J. Zeidel, Phyllis G. Korff, Boris Rappoport

On January 23, 2015, the staff of the SEC’s Division of Corporation Finance issued revised guidance in connection with debt tender offers. Specifically, the guidance sets forth when a tender offer may be open for a period of fewer than 20 business days, as well as the number of days that must still remain in certain tender offers following a change to the consideration or terms of the offer. The new guidance modernizes a number of the SEC staff’s long-standing positions and impacts the terms and conditions of certain debt tender offers.

SEC Proposes New Rules on Hedging Policy Disclosures

February 12, 2015 | Skadden, Arps, Slate, Meagher & Flom LLP | Brian V. Breheny, Marc S. Gerber, Rachel M. Frankeny

The SEC has released proposed rules that would require companies to disclose whether they permit employees and directors to hedge the company's securities. The rules would require that the hedging policy be disclosed in any proxy statement or information statement relating to the election of directors and would generally apply to all companies subject to the federal proxy rules.

Equity Pitfalls Under Section 409A Checklist

August 2014 | Practical Law | Regina Olshan

Co-authored with Daniel Hogans and Russell E. Hall

The Advantages of Early Data Assessment

February/March 2015 | Practical Law | Giyoung Song

China's MOFCOM Aims to Fundamentally Change the Legal Landscape on Foreign Investments

February 2015 | Skadden, Arps, Slate, Meagher & Flom LLP | Christopher W. Betts, Will H. Cai, Z. Julie Gao, Gregory G.H. Miao, Alexandra J. Yin

In January 2015, China’s Ministry of Commerce released a Discussion Draft of the proposed Foreign Investment Law, soliciting comments from the public. Upon its enactment, the Discussion Draft would replace the existing laws regulating foreign investments in China with a uniform law and is expected to affect a wide range of foreign entities and investments in China.