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Miami
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Maryland and Florida Pass New PPP Legislation
June 2013
Edward R. Neaher Jr., Carlos Viana
On April 9, 2013, Maryland Governor Martin O'Malley signed House Bill 560 ("HB560") into law, which extensively revises Maryland's existing public-private partnership ("PPP") statute. HB560 formalizes the State's policy on the use of PPPs, streamlines the process of establishing such partnerships, creates a mechanism for submitting solicited and unsolicited proposals, and establishes a review process and associated reporting requirements for oversight of PPPs.
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Statute of Limitations for Government Enforcement Actions Seeking Civil Penalties Starts When Conduct Occurs, Not When Discovered
March 2013
Owen C. Pell, Gregory G. Little, Kenneth A. Caruso, Scott E. Hershman, Darryl S. Lew, Christopher M. Curran, G. William Currier, Fernando L. Aenlle-Rocha, Neal McAliley
In Gabelli v. SEC, 568 US ___ (2013), a unanimous Supreme Court reversed the Second Circuit and held that the five-year statute of limitations for Government civil penalty enforcement actions under 28 U.S.C. §2642 begins to run from the date the alleged fraudulent conduct occurs regardless of whether the Government was aware of the conduct at the time. This decision establishes that when the Securities and Exchange Commission (SEC) is seeking to impose civil penalties, it cannot take advantage of the "discovery rule" to toll the operative statute of limitations contained in 28 U.S.C. §2462. This ruling will have far-reaching implications for other federal agencies in civil penalty cases.
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2011 Survey of Private Company Purchase Price Adjustments
February 11, 2013,
Practical Law Company (PLC)
Jorge L. Freeland, Jonathan Mann, Jonathan Picard
This article examines private company purchase agreements that were publicly filed in 2011 to ascertain how the economy affected purchase price adjustment drafting and to determine current market practice in private company acquisition agreements.
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