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In cases where a US investment adviser appoints an EEA sub-adviser, the parties concerned will need to analyse which entity will be the AIFM. Whether such arrangements relate to group entities or third parties, the parties...more
On June 11, 2013, Southern District of New York Judge Jed Rakoff dismissed the complaint of the Trustee for the SemGroup estate seeking to avoid a novation made to Barclays pre-bankruptcy under a swap agreement. The Court...more
CFPB Director Richard Cordray was among the speakers at a program last week celebrating the fifth anniversary of the Philadelphia Residential Mortgage Diversion Program....more
Second time’s the charm? For the second time in less than two years, the U.S. Supreme Court granted certiorari today in a case that presents the question whether plaintiffs suing under the Fair Housing Act (FHA) may bring...more
On June 11, the National Institute of Standards and Technology (NIST) published a draft security document that provides a comprehensive security model to supplement other NIST efforts to develop a standard vocabulary and...more
On June 11, the CFPB released a white paper with initial findings from its study of bank and credit union overdraft practices. ...more
Effective July 1, 2013, President Obama's Executive Order 13645 implements certain provisions of the Iran Freedom and Counter-Proliferation Act of 20121 (IFCA) and expands the Iranian sanctions regime to new sectors of Iran’s...more
The Supreme Court has held that the antitrust laws may forbid patent settlements that delay the market entry of generic drugs in return for large payments from manufacturers of competing branded drugs....more
In This Issue: UK’s FCA Restricts Marketing of Unregulated Collective Investment Schemes and Similar Products to Retail Investors; Electronic Structured Note Systems and U.S. Securities Regulation; and Reminders from...more
This week, Maine enacted a bill to simplify the state’s credit reporting law....more
You own a manufacturing business. You spent a good part of last year putting together a private-branding and distributorship agreement with a new customer and a new distributor. Most of it was over email. Now the...more
On June 20, 2013, Formula One’s internal judicial system will convene in Paris to decide whether Mercedes and Pirelli violated the racing body’s governing agreements by conducting secretive tire testing last month....more
The California Supreme Court ordered the County of Los Angeles to disclose non-union employees’ contact information to SEIU Local 721. ...more
The Supreme Court ruled 5-3 today in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer's opinion reversed the...more
A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo...more
In This Issue: Rating Agency Development; Second Circuit Rules That Payments Made to Purchase Notes Are Exempt from Avoidance Under Section 546(e) of the Bankruptcy Code; Lehman Derivative Litigation Still Looms Large;...more
The condition of the premises upon delivery is often one of the most important parts of the lease negotiation. The lease provisions addressing this issue are often contained in an exhibit or schedule to the lease, or a...more
In March, we blogged about Tyler v. Michaels Stores, a recent Massachusetts Supreme Court ruling, holding that zip codes are personally identifiable information and disavowing data mining by zip code....more
Policyholders received a boost of support from a New York Court of Appeals on Tuesday when the court held that an insurer is precluded from using policy exclusions as a means to escape its duty to indemnify a claim if it...more
Just as inkjet printers deposit drops of ink to create a document, 3-D printers lay down bits of plastic, metal, or other material to build an object. But as 3-D printers enter the consumer market, they may also fashion new...more
The Supreme Court has issued its much-awaited decision in FTC v. Actavis on the antitrust analysis of reverse-payment settlements of Hatch-Waxman Act litigation....more
The Commodity Futures Trading Commission recently adopted regulations relating to the clearing exemption for swaps between certain affiliated entities. Pursuant to the final regulations, the clearing exemption is available to...more
A couple of weeks ago, the Minnesota Legislature passed new tax legislation that, among other things, added a brand new Minnesota gift tax and expanded the applicability of the Minnesota estate tax. A summary of the entire...more
Late last week, the United States Supreme Court issued its long-awaited decision in Association of Molecular Pathology v. Myriad Genetics, Inc. The Court held unanimously that full-length wild-type DNA molecules are not...more
In a unanimous decision issued June 13, the Supreme Court put an end to a parched Texas municipal utility’s bid to secure an Oklahoma water right. In Tarrant Regional Water District v. Herrmann, the Court rejected every...more
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