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SEC Proposes Sweeping Changes to Liquidity Risk Management Practices Used by Mutual Funds and ETFs

The U.S. Securities and Exchange Commission (SEC or Commission) on September 22, 2015 proposed a rule that would require all registered open-end funds and open-end exchange-traded funds (ETFs), other than money market funds...more

Commission consults on covered bonds

The Commission has launched a public consultation on covered bonds (CB). It evaluates weaknesses and vulnerabilities in national CB markets as a result of the global financial crisis...more

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

Third Penalty in Two Months Against a Minority Investor Again Signals Increased FTC Enforcement of the H-S-R Act

For the third time in less than two months, the U.S. Federal Trade Commission (FTC) has announced an enforcement action against a minority investor who failed to comply with the Hart-Scott-Rodino (“H-S-R”) Act notification...more

DHS Sends New STEM OPT Rule to OMB For Review

The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more

No Safe Harbor for EU-U.S. Data Transfers

In a landmark decision with immediate repercussions for both American and European companies, Europe’s highest court, the Court of Justice of the European Union (CJEU), ruled that the EU-U.S. Safe Harbor framework enabling...more

Boarding passes ready – when employees may unexpectedly move around within a corporate group

The European Court of Justice ("ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company. What happened? In 1993, Air...more

IFLR Publishes Bankers’ Counsel Poll on Initial Public Offerings

The International Financial Law Review (IFLR)’s Bankers’ Counsel Poll was compiled with Morrison & Foerster LLP. With input from partners Anna Pinedo and James Tanenbaum, poll questions were formulated. Using recommendations...more

Senate HELP Committee Approves Mental Health, Opioid Abuse, Drug Scheduling Legislation

On September 30, 2015, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved the following bipartisan legislation: S. 799, the Protecting Our Infants Act (to combat the rise of prenatal opioid abuse and...more

Commission seeks view on financial services regulation

The Commission has issued a call for evidence on the benefits, unintended effects, consistency and coherence of the financial legislation adopted in response to the financial crisis. It wants to get a clearer understanding of...more

Court Affirms Yoga Sequences Are Not Copyrightable

A sequence of twenty-six yoga poses and two breathing exercises by Bikram Choudhury is not copyrightable because it is an unprotected system or idea. The Ninth Circuit affirmed a district court ruling throwing out a...more

6,400 American Bankers Association members’ usernames and passwords compromised

Late last week, the American Bankers Association disclosed that its computer systems had been compromised exposing thousands of members’ personal information. The hacking occurred through its website’s shopping cart tool,...more

CFPB Proposal Would Make Class Actions More Likely. Here's What's Next.

On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more

Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA...

The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter. The...more

The FMLA Marriage Penalty: When Spouses Work for the Same Employer

One FMLA rule that tends to fly under the radar is the amount of FMLA leave available to married couples who work for the same employer. Under 29 CFR 201(b), married couples in this situation can be required to share a...more

CFPB Takes Aim at Class Action Waivers in Arbitration

On October 7, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it is considering proposing rules that would prohibit companies from including in consumer contracts arbitration clauses that prevent...more

OIG report spurs OCR to announce phase 2 audits

On September 29, it was revealed that the HHS Office for Civil Rights (OCR) will commence Phase 2 of its HIPAA audit program in “early 2016.” OCR’s revelation regarding the Phase 2 audits, which had been the subject of...more

USDOL "Companionship", "Live-In Domestic" Enforcement Coming

The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section...more

No-Fault Medical Insurance: Be Careful What You Wish For

Dalhousie University law professor Elaine Gibson, who recently called for a sweeping overhaul of the system and a move to a no-fault medical insurance system, should be careful what she wishes for: it might come...more

State Appellate Court to hold session at Cornell

State Appellate Court to hold session at Cornell The New York State Supreme Court’s Appellate Division will be hearing oral arguments in Cornell Law School’s Moot Court Room from 9:30 am to noon on Thursday, October...more

Winning the daily war within

I have internal demons. To ease the burden of these demons, I imagine that everybody has their share. Even if not true, believing it to be makes it easier to accept that I have demons. But deep down, I know I must fight mine...more

Be Careful What You Ask For, You May Get It—The CFPB Addresses Marketing Services Agreements Under RESPA

The residential mortgage settlement service industry has been asking the CFPB for guidance on the legality of marketing service agreements (MSAs) under RESPA. When questioned on the issue last week at a House Financial...more

Immigration Judges Retiring Among Surge in Cases

A shortage of immigration judges coupled with underfunding and an enormous backlog of immigration cases has created a bottleneck that has left the average immigration case pending for more than 600 days, according to various...more

Australia High Court Rules Against Gene Patents

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

U.S. Supreme Court Hears Oral Arguments in Case to Decide Whether Loan Guarantors Are “Applicants” Under ECOA

The U.S. Supreme Court heard oral arguments on Monday in the case of Hawkins v. Community Bank of Raymore, the result of which will determine whether a spousal guarantor is an “applicant” under the Equal Credit Opportunity...more

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