Goodwin Procter LLP

Lines Crossed: From Enforcing to Breaking the Law

Silk Road was a notorious black market for narcotics that used seemingly untraceable digital currencies (i.e., Bitcoins) to facilitate illegal activities on the “dark web.” Last week, former Drug Enforcement Agency (“DEA”)…more
| Criminal Law, Finance & Banking, Science, Computers, & Technology

State Regulation Roundup

Several states are in various stages of implementing regulations related to digital currency. Below is a short summary of the actions currently underway…more
| Finance & Banking, Science, Computers, & Technology

BitLicense Application Published, Questions in Tow

It’s official. New York published the final BitLicense in its state register, which launched a 45-day period for businesses to submit a completed application for a License to Engage in Virtual Currency Business Activity. As the…more
| Finance & Banking, Science, Computers, & Technology

Financial Services Weekly News Roundup - July 2015

Regulatory Developments - FINRA Proposes Rule to Require Member Websites to Link to BrokerCheck: FINRA has proposed an amendment to FINRA Rule 2210 to require each of a member’s websites to include a readily…more
| Labor & Employment Law, Finance & Banking, Securities Law

Ninth Circuit Again Wrestles with Fifth Third v. Dudenhoeffer, and Again Reverses Dismissal of Stock Drop Case

Factual Background - As described in greater detail in the December 18, 2014 edition of the ELU, this case involves claims for breach of fiduciary duty when two 401(k) plans remained invested in the employer stock at a time…more
| Finance & Banking, Insurance, Securities Law

FCC Ruling Potentially Expands Scope of TCPA

On June 18, 2015, the Federal Communications Commission (“FCC” or the “Commission”) issued a package of declaratory rulings (“FCC 15-72”) related to telemarketing. Although FCC 15-72 has yet to be officially released, the…more
| Civil Remedies, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Federal District Court Allows Most Claims to Proceed in Stable Value Product-Related Litigation

In Teets v. Great-West Life & Annuity Insurance Company, Case No. 14-2330 (D. Col. May 22, 2015), the U.S. District Court for the District of Colorado denied in part and granted in part a motion to dismiss claims under ERISA…more
| Insurance

Solicitor General Urges Supreme Court to Decline to Hear Breach of Fiduciary Duty Case

On June 25, 2015, the U.S. Supreme Court will decide whether to grant certiorari in Tatum v. RJR Pension Investment Committee, 761 F.3d 346 (4th Cir. 2014). As discussed in the September 29, 2014 edition of the ELU, Tatum…more
| Civil Procedure, Insurance, Securities Law

CFPB Expands Oversight to Nonbank Auto Finance Industry

On June 10, 2015, the CFPB issued a Final Rule amending the scope of its regulatory authority to include “larger participants” of the automobile financing industry. Under the Final Rule, the CFPB will supervise certain nonbank…more
| Consumer Protection, Finance & Banking

Financial Services Weekly News Roundup - June 2015 #4

Regulatory Developments - Client Alert: SEC Proposes Pay for Performance Rules: Goodwin Procter’s Capital Markets practice has issued a Client Alert on the SEC’s proposed rule that would require most public companies…more
| Consumer Protection, Finance & Banking, Science, Computers, & Technology, Securities Law

Supreme Court Vacates Decision Applying Statute of Limitations in Excessive Fee Case

In a highly anticipated decision concerning 401(k) excessive fee litigation, the U.S. Supreme Court ruled in favor of the plaintiffs in Tibble v. Edison, Int’l, No. 13-550, vacating the lower court’s decision that had found…more
| Civil Procedure, Finance & Banking, Insurance

Federal Circuit Holds Medical Diagnostic Method Patent Invalid as Claiming Ineligible Subject Matter

Background - In two recent cases, Mayo v. Prometheus and Alice v. CLS Bank, the Supreme Court established a two-part test for determining eligibility for patenting. In step one, the court asks whether the claim is directed…more
| Intellectual Property, Science, Computers, & Technology

Insurance Risks of Bitcoin: Lloyd’s Take

On June 12, global insurance giant Lloyd’s of London released a report titled Bitcoin: Risk Factors for Insurance. Lloyd’s knows a thing or two about risk—it has been underwriting for more than 300 years and has insured…more
| Finance & Banking, Insurance, International Law & Trade, Science, Computers, & Technology

New Regulations Provide Needed Answers to Employers’ Questions Concerning the Massachusetts Earned Sick Time Law

On June 19, 2015, Massachusetts Attorney General Maura Healey issued long awaited regulations concerning the Massachusetts Earned Sick Time Law. The ESTL was enacted by a ballot initiative on November 4, 2014. The basic rule…more
| Labor & Employment Law

Bitcoin and Bullets: An Unexpected Alliance

At first blush, one might not expect the digital currency and firearm industries to have much in common – when was the last time you heard someone utter Bitcoin and guns in the same breath? Recently, however, the two…more
| Constitutional Law, Elections & Politics, Finance & Banking, Science, Computers, & Technology
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