Wall Street Cred

Who has Wall Street cred, D.C. clout,
and Hollywood roots?

From our roots in banking, entertainment, and government, our clients are from industries as diverse as healthcare, financial services, real estate, energy and advertising. Read more...

Manatt has more than 400 attorneys and professionals, serving our clients from eight offices nationwide. While our size and scope have changed since our founding in 1965, our philosophy of client service has not. We are dedicated to solving complex problems and crafting innovative strategies for clients of all sizes across the country and abroad. Whether you are a start-up, a middle-market player competing for industry share, or a public company at the top of the Fortune 500, we share your priorities and will treat your goals, deadlines, and investments as if they are our own. 

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What do dealmakers have to say about the future of U.S.-China investments?

The entertainment, advertising, and digital media sectors are clearly excited about the rising tide of M&A deals and investments being made between U.S. and Chinese companies. But between the regulatory hurdles imposed by both countries and the deep cultural differences on both sides of the table, the challenges can be formidable.Read more...

To learn more about those challengesand to get a feel for the investment climate over the next 12 monthsManatt conducted a study of one hundred business leaders in the U.S. and China who are actively involved in cross-border M&A and investment deals.

The study"U.S.-China M&A and Investment Outlook "makes clear that while the forecast for cross-border M&A is generally positive, there are challenges to be overcome on both sides of the Pacific. The gaps between the two systemslegal, financial, political, and culturalall point to the need for both creativity and patience if deals are to get done.

If you're considering the purchase of a Chinese companyor the sale of an American onethe study sheds light on the issues you will surely face, as seen through the eyes of the business people who have been there before you. Once you've read it, our M&A attorneys in the entertainment, advertising, and digital media sectors will be happy to discuss all aspects of this promising but challenging market.

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Is Manatt Digital Media 
a game-changer?

Manatt Digital Media offers innovative, one-stop, full-service legal and business consulting services for clients in the digital media, entertainment and advertising industries.Read more...

Through the deep experience and relationships of its team, Manatt Digital Media will provide its clients the industry’s most comprehensive legal and business consulting services. It will also leverage its deep network of industry relationships for the benefit of its clients of every size and stage, from startups to growth-stage and mature public companies. Manatt’s clients will benefit from the firm’s unrivaled access to artists, deal-making prowess and proven litigation experience, focused on protecting innovation, defending brands and mitigating risk. Manatt Digital Media will also make digital media investments from the firm’s venture capital fund.

Learn more about Manatt Digital Media

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How will the ACA employer mandate impact businesses and employees?

On July 2, 2013, the U.S. Department of the Treasury announced that the Affordable Care Act (ACA) employer mandate—requiring businesses with 50 or more employees to offer their workers affordable health coverage that provides minimum value—will be delayed until 2015. The news caught most observers by surprise, and initial reactions have varied widely. Read more...

The Treasury notice indicates that the agency expects to publish proposed rules this summer "after a dialogue with stakeholders" aimed at "minimizing" employer reporting requirements and providing "time to adapt health coverage and reporting systems." The proposed rules will provide important information about the long-term implications of the delay, but Manatt has identified a few key takeaways at this point:

  • The delay of the employer mandate is welcome news for employers who have raised increasing concerns about the complexity and burden of ACA reporting requirements, especially for the vast majority of organizations that already offer ACA-compliant coverage. A recent Kaiser report shows that 98% of large firms (200 or more employees) offered health benefits in 2012, and 94% of firms with 50 – 199 workers also offered benefits.
  • The delay of the employer mandate provides a one-year break for those employers who do not meet ACA requirements. They now have some breathing room to consider their options for extending coverage to more employees, beefing up existing coverage to meet minimum standards, reducing full-time employee head counts to minimize coverage obligations or paying penalties for non-compliance.
  • Employers are not likely to reduce coverage during the one-year delay, so employees with coverage today probably will not see any change as a result of the postponement. At the same time, uninsured employees will be able to purchase coverage through the new marketplaces. In addition, if their income is below 400% of the Federal Poverty Level, they will be able to access premium tax credits.
  • The delay in implementing the employer mandate does not change tax credit eligibility requirements for employees. To be eligible for a tax credit, individuals cannot have access to employer-sponsored health insurance that meets minimum coverage and affordability standards. The delay in employer reporting requirements should not impede eligibility determinations, since the HHS already issued guidance directing marketplaces to rely on applicants’ attestations about their access to employer coverage. Applicants still will be obligated to provide information about their access to employer-sponsored coverage—and still will need their employers’ assistance with that process. The degree to which employers must cooperate remains an open question.
  • It is unclear whether employers will be entitled to—or have an incentive to—appeal their employees’ eligibility for tax credits, given that the employer mandate and its related penalties will not be in place for 2014. It would come as a welcome relief to marketplaces working to establish the employer appeals function to have it deferred for 2014.

Conclusions

While the analysis is ongoing, initial indications are that the employer mandate delay is a "win" for business. More individuals may be eligible for and/or receive tax credits than would have if the mandate went into effect on schedule.

Perhaps the most significant impact of the announcement is the inevitable commentary that will re-ignite skepticism about the successful implementation of the ACA. Proponents of the law are pointing to the Obama Administration's flexibility with large employers and willingness to work collaboratively to get the process right. Opponents are using the chance to criticize the law and question the Administration's ability to implement its major features, including the Marketplace Open Enrollment on October 1, 2013.

Learn more at Manatt's Healthcare Reform Resources Page

 

 

 

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When an employee disparages your company online, what can you do about it?

The law is still catching up to the social media phenomenon. As it slowly does, the line between protected forms of personal expression and permissible discipline for violations of company policy is slowly becoming better defined. Read more...

The National Labor Relations Board has tried to provide some direction, but its rulings have at times been contradictory, thus confusing matters further. Many companies have social media policies in place, but there is as yet no guarantee that those policies will be enforceable, or even legal.

Manatt is closely monitoring this rapidly changing area of the law. We can help you tailor policies that are in step with the best practices we see in your industry. But more than that, we can place those policies within the broader context of everything we know about employment law. We are also uniquely suited to tap into our multidisciplinary expertise and ensure compliance with other areas of the law that may regulate social media policies, including advertising and media law. So as the law on social media evolves in all areas, your policies can evolve with it.

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Can you tell the difference between a "facilitating payment" and a bribe?

Does it matter in terms of your compliance obligations? The FCPA continues to be a source of uncertainty—and anxiety—among multinational companies. We can help. Read more...

 Although the new FCPA guidelines brought clarity to some of the DOJ’s priorities and procedures, it did not alleviate all the day-to-day issues that every multinational conducting business in the real world faces. For that, you need sound advice from lawyers who have a long history of working closely with companies of all sizes, helping them to navigate the corruption laws and remain compliant, while, at the same time, remain competitive.

At Manatt, our attorneys are thoroughly familiar with the FCPA. We can advise you proactively, showing you how to set up compliance procedures to help you safely manage your dealings overseas.  And if you somehow run afoul of the Act, we have the resources and experience to aggressively defend your company and present your case to the government or if, necessary, a jury.

In other words, we can help you guide you through the DOJ’s guidance.

The New FCPA Guidance: DOJ and SEC's Views on Hospitality, Instrumentalities, Successor Liability, and Compliance

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