Boris Bershteyn

Boris Bershteyn

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

1/20/2016 - Affirmative Action Class Action Class Certification Corporate Counsel Extraterritoriality Rules Federal Jurisdiction Federal Rules of Civil Procedure First Amendment FSIA Mootness RICO SCOTUS Securities Litigation Separation of Powers Standing Union Dues Young Lawyers

"Dusting Off FIRREA: Old Statute Poses Challenges for Financial Institutions"

A long-dormant law can become an unexpectedly potent weapon in the hands of an assertive prosecutor. And in recent years, few statutes have undergone a rebirth more dramatic — and for some, more troubling — than the civil...more

2/10/2015 - Bank of America Citibank Civil Monetary Penalty Countrywide Criminal Prosecution Enforcement Actions Financial Institutions FIRREA JPMorgan Chase Statute of Limitations

"2014-15 Supreme Court Highlights"

Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for...more

1/29/2015 - Affordable Care Act Amtrak CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Department of Transportation (DOT) EPA Halbig v Burwell King v Burwell NC Board of Dental Examiners v FTC Perez v Mortage Bankers Assoc Railroads SCOTUS Separation of Powers Tax Credits Utility Air Regulatory Group v EPA Zivotofsky v Kerry

"Cases to Watch in the 2014-15 Supreme Court Term"

The Supreme Court will begin its new term on Monday, October 6, 2014. Although the Court has not yet accepted for review any headline-grabbing cases of the type we’ve seen in recent years in such areas as campaign finance,...more

10/2/2014 - Administrative Procedure Act Amtrak Antitrust Litigation Antitrust Provisions CAFA Department of Transportation (DOT) Federal Railroad Administration Libor Popular SCOTUS Securities Act of 1933 Separation of Powers

The Volcker Rule: A First Look at Key Changes

On December 10, 2013, five U.S. financial regulators (the Agencies) adopted a final rule implementing the Volcker Rule. The text of the final rule and its accompanying preamble are available here. The Volcker Rule was created...more

12/12/2013 - Asset-Backed Securities Banks CEOs Dodd-Frank Exemptions Hedge Funds Market Making Private Equity Reporting Requirements Sovereign Debt Volcker Rule

"Shutdown and Debt Ceiling Crisis Would Pose Distinct Challenges for Government Operations"

Absent intervening legislation, the U.S. federal government’s appropriations will lapse on October 1, 2013, prompting a government shutdown. Separately, the secretary of the Treasury has informed Congress that, no later than...more

9/27/2013 - Appropriations Bill Debt Ceiling Government Shutdown U.S. Treasury

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