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Katten Muchin Rosenman LLP

Attorney

Latest Publications

James Anderson

ISS Announces ISS Governance QuickScore to Replace GRId

Institutional Shareholder Services (ISS) recently announced that, effective in late February or early March, it is replacing its Governance Risk Indicators (GRId) database with the new ISS Governance QuickScore (QuickScore),…more

GRId System, ISS, Proxy Statements, QuickScore, Risk Assessment

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Janet M. Angstadt

FINRA Provides Guidance on Communications with the Public Concerning Unlisted Real Estate Investment Programs

The Financial Industry Regulatory Authority (FINRA) has issued Regulatory Notice 13-18 (Regulatory Notice) to provide guidance to member firms on communications with the public concerning real estate investment programs that are…more

DPPs, FINRA, Real Estate Investments, REIT

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Tim Aron

UK Extends AIFMD Transitional to Non-EEA Fund Managers

On April 29, HM Treasury issued a Question and Answer publication which stated its intention to extend the transition period of the Alternative Investment Fund Managers Directive (AIFMD) to existing third-country Alternative…more

AIFM, AIFMD, EEA, EU, Fund Managers

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Avi Badash

FINRA Provides Guidance on Communications with the Public Concerning Unlisted Real Estate Investment Programs

The Financial Industry Regulatory Authority (FINRA) has issued Regulatory Notice 13-18 (Regulatory Notice) to provide guidance to member firms on communications with the public concerning real estate investment programs that are…more

DPPs, FINRA, Real Estate Investments, REIT

See All Updates »

Craig A. Barbarosh

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement if…more

Bank of America v Pendergrass, Borrowers, Default, Fraud, Fraud Exception

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Kevin M. Baum

Ninth Circuit Prohibits Bankruptcy Courts from Entering Judgments on Fraudulent Conveyance Claims Against Non-Claimants

The Ninth Circuit recently held that: bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and a…more

Constitutional Amendment, Fraudulent Conveyance, Jurisdiction, Split of Authority, Waivers

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Edward Black

ESMA Publishes EMIR Q&As

On March 20, the European Securities and Markets Authority (ESMA) published Questions & Answers (Q&A) relating to the implementation of the Regulation on OTC Derivatives, Central Counterparties (CCPs) and Trade Repositories…more

EMIR, ESMA

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James M. Brady

SEC Issues Proposal Regarding Cross-Border Security-Based Swap Activities

On May 1, the Securities and Exchange Commission proposed rules and interpretive guidance with respect to cross-border security-based swap activities. Under this proposal, the requirements of Title VII of the Dodd-Frank Wall…more

Cross-Border, Dodd-Frank, Foreign Markets, SEC, Security-Based Swaps

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Dustin Branch

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;…more

Commercial Leases, Disability, Disability Access Claims, New Legislation

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Blake Brockway

NFA Amends CPO and CTA Quarterly Reporting Requirements

On April 24, the National Futures Association (NFA) issued a notice to members regarding amendments to NFA Compliance Rule 2-46. The amended rule modifies the NFA’s quarterly pool reporting requirements and extends related…more

Amended Regulation, CFTC, Commodity Trading Advisers, CPO, NFA

See All Updates »

Jennifer Brooks

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement if…more

Bank of America v Pendergrass, Borrowers, Default, Fraud, Fraud Exception

See All Updates »

Shannon Broome

First Compliance Period Underway for California’s AB32 Cap-and-Trade Program

After years of preparation and controversy, California’s cap-and-trade program has entered a new stage. The first compliance period officially began on January 1, 2013, requiring businesses to comply with GHG emissions limits or…more

Cap-and-Trade, Electricity, Greenhouse Gas Emissions

See All Updates »

Gregory Brown

IRS and US Department of Labor Continue to Expand, Encourage and Simplify Correction Programs in 2013 Updates to EPCRS and DFVCP

Plan sponsors know that errors and failures in administering a retirement plan happen. All too often, changes in administrators, service providers and other staff uncover errors and compliance problems that should be corrected…more

Benefit Plan Sponsors, EBSA, EPCRS, ERISA, IRS

See All Updates »

Christopher K. Buch

Departments Release Waiting Period Regulations for Group Health Plans

On March 18, the Departments of Health and Human Services, Labor and Treasury (the Departments) issued joint proposed regulations on the Patient Protection and Affordable Care Act’s prohibition of waiting periods of longer than…more

Affordable Care Act, DOL, Employer Group Health Plans, Healthcare, HHS

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James Calder

FTC Announces New Filing Thresholds for Hart-Scott-Rodino Pre-Merger Notifications

The Federal Trade Commission has announced the new notification thresholds for pre-merger notification reports that must be filed under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The notification…more

FTC, Hart-Scott-Rodino Act, Notice Requirements, Size of Persons Test, Size of Transaction Test

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Michael Callahan

Managing Peer Review Investigations: How to Avoid Hearings and Litigation

In this presentation: - Provide recommendations regarding best practices, bylaw provisions and other strategies to address and resolve quality and peer review issues without resorting to “investigations” and…more

Compliance, Confidentiality, Data Bank Reports, Documentation, Healthcare

See All Updates »

Claudia Callaway

The FTC’s Interim Final Red Flags Rule: What It Means for Non-Bank, Short-Term Consumer Lenders

On November 30, 2012, the Federal Trade Commission (FTC) issued an interim final rule related to its identity theft “Red Flags Rule” that amends the regulatory definition of “creditor” to make it consistent with the revised…more

Clarification Act, Consumer Lenders, Creditors, FTC, Lenders

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Bonnie Chmil

FTC Announces New Filing Thresholds for Hart-Scott-Rodino Pre-Merger Notifications

The Federal Trade Commission has announced the new notification thresholds for pre-merger notification reports that must be filed under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The notification…more

FTC, Hart-Scott-Rodino Act, Notice Requirements, Size of Persons Test, Size of Transaction Test

See All Updates »

Bertrand J. Choe

Ninth Circuit Prohibits Bankruptcy Courts from Entering Judgments on Fraudulent Conveyance Claims Against Non-Claimants

The Ninth Circuit recently held that: bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and a…more

Constitutional Amendment, Fraudulent Conveyance, Jurisdiction, Split of Authority, Waivers

See All Updates »

Jason F. Clouser

Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature

The Delaware Court of Chancery recently ruled that a settlement agreement does not have to be fully executed by all parties to be enforceable…more

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David Cohen

IRS Releases Audit Memorandum on Another HTC Transaction

The Internal Revenue Service recently released Field Attorney Advice 20124002F, revealing another attempt on audit to invalidate an allocation of historic tax credits (HTCs) to an HTC equity investor. Although only just made…more

HTC Equity Investor, IRS, Tax Credits

See All Updates »

Christina Costley

The Gathering Storm: Equity Compensation and 10b5-1 Plans Under Attack

In this presentation: - The Genesis – Merger Objection Cases - The New Wave of Injunction Cases - Say-on-Pay Injunction Cases - Share Issuance Injunction Cases - Post-Vote Derivative Cases -…more

10b5-1 Plans, Compliance, Derivative Suit, Equity Compensation, Injunctions

See All Updates »

Tanya Curtis

California Does It Again! - Recommends Best Practices for the Mobile App Industry

In last month’s Technology Advisory, I described recent actions of the California Attorney General designed to improve privacy protections for users of mobile applications. This included an agreement the California Attorney…more

App Platform Providers, Attorney Generals, Data Collection, Data Protection, Internet Service Providers

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Guy C. Dempsey, Jr.

Federal Reserve Board Approves Final "Predominately Engaged in Financial Activities" Rule

The Board of Governors of the Federal Reserve System has approved a final rule setting forth requirements for determining when a company is “predominately engaged in financial activities.”…more

Dodd-Frank, Federal Reserve, Financial Actvities, Swaps

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Karen B. Dine

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement if…more

Bank of America v Pendergrass, Borrowers, Default, Fraud, Fraud Exception

See All Updates »

Michael Diver

The Gathering Storm: Equity Compensation and 10b5-1 Plans Under Attack

In this presentation: - The Genesis – Merger Objection Cases - The New Wave of Injunction Cases - Say-on-Pay Injunction Cases - Share Issuance Injunction Cases - Post-Vote Derivative Cases -…more

10b5-1 Plans, Compliance, Derivative Suit, Equity Compensation, Injunctions

See All Updates »

William Dorsey

Illinois Supreme Court Issues New Procedural Rules for Foreclosures

On February 22, 2013, the Illinois Supreme Court adopted a set of new procedural rules that will impact both residential and commercial foreclosures in Illinois. The new rules are scheduled to go into effect as early as March 1,…more

Affidavits, Foreclosure, Lenders, Loans, Robo-Signing

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Paul Esformes

First Compliance Period Underway for California’s AB32 Cap-and-Trade Program

After years of preparation and controversy, California’s cap-and-trade program has entered a new stage. The first compliance period officially began on January 1, 2013, requiring businesses to comply with GHG emissions limits or…more

Cap-and-Trade, Electricity, Greenhouse Gas Emissions

See All Updates »

Leonard Ferber

California Does It Again! - Recommends Best Practices for the Mobile App Industry

In last month’s Technology Advisory, I described recent actions of the California Attorney General designed to improve privacy protections for users of mobile applications. This included an agreement the California Attorney…more

App Platform Providers, Attorney Generals, Data Collection, Data Protection, Internet Service Providers

See All Updates »

Kevin M. Foley

CFTC Staff Issues No-Action Letters

Commodity Futures Trading Commission staff recently released two no-action letters providing relief relating to the application of business conduct standards to prime brokers and swap dealers and disclosure of pre-trade…more

Business Conduct Standards, CFTC, Commodities Exchange Act, Disclosure Requirements, No-Action Letters

See All Updates »

Joseph E. Gallo

Texas District Court Addresses Misappropriation Theory of Insider Trading

The US District Court for the Northern District of Texas recently denied a defendant’s motion for summary judgment in a Securities and Exchange Commission civil enforcement action under the “misappropriation” theory of insider…more

Insider Trading, Mark Cuban, Misappropriation, SEC

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Doron Goldstein

California Does It Again! - Recommends Best Practices for the Mobile App Industry

In last month’s Technology Advisory, I described recent actions of the California Attorney General designed to improve privacy protections for users of mobile applications. This included an agreement the California Attorney…more

App Platform Providers, Attorney Generals, Data Collection, Data Protection, Internet Service Providers

See All Updates »

Michael S. Gordon

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had…more

Class Action, Geothermal Energy, Securities Fraud

See All Updates »

Russell E. Greenblatt

Departments Release Waiting Period Regulations for Group Health Plans

On March 18, the Departments of Health and Human Services, Labor and Treasury (the Departments) issued joint proposed regulations on the Patient Protection and Affordable Care Act’s prohibition of waiting periods of longer than…more

Affordable Care Act, DOL, Employer Group Health Plans, Healthcare, HHS

See All Updates »

Christina Grigorian

Consumer Financial Protection Bureau Releases Final Qualified Mortgage Rule and Proposed Amendments to Ability to Repay Rule

On January 10, the Consumer Financial Protection Bureau (CFPB) released a final rule (ATR Rule) to implement provisions related to the ability to repay (ATR) standards and the definition of a “qualified mortgage” (QM) as…more

Ability-to-Repay, CFPB, Dodd-Frank, Qualified Mortgage Rule

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Michelle Griswold.

SEC Advisory Committee on Small and Emerging Companies Makes Recommendations

On March 21, the Securities and Exchange Commission Advisory Committee on Small and Emerging Companies (Advisory Committee) submitted several recommendations to the SEC on rules, regulations and policies relating to emerging…more

Dodd-Frank, Equity Markets, Privately Held Corporations, SEC, SEC Advisory Committee

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Andrew Halbert

SEC Provides Guidance Regarding Social Media and Regulation Fair Disclosure (Regulation FD)

On April 2, in connection with an investigation of Netflix, Inc. and its Chief Executive Officer, Reed Hastings, regarding a possible violation of Regulation FD, the Securities and Exchange Commission released a Report of…more

Facebook, Investors, Netflix, Public Disclosure, Reed Hastings

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Christian Hennion

NFA Amends CPO and CTA Quarterly Reporting Requirements

On April 24, the National Futures Association (NFA) issued a notice to members regarding amendments to NFA Compliance Rule 2-46. The amended rule modifies the NFA’s quarterly pool reporting requirements and extends related…more

Amended Regulation, CFTC, Commodity Trading Advisers, CPO, NFA

See All Updates »

Gary Howell

IRS and US Department of Labor Continue to Expand, Encourage and Simplify Correction Programs in 2013 Updates to EPCRS and DFVCP

Plan sponsors know that errors and failures in administering a retirement plan happen. All too often, changes in administrators, service providers and other staff uncover errors and compliance problems that should be corrected…more

Benefit Plan Sponsors, EBSA, EPCRS, ERISA, IRS

See All Updates »

Brian Huben

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;…more

Commercial Leases, Disability, Disability Access Claims, New Legislation

See All Updates »

James Hutchison

Managing Peer Review Investigations: How to Avoid Hearings and Litigation

In this presentation: - Provide recommendations regarding best practices, bylaw provisions and other strategies to address and resolve quality and peer review issues without resorting to “investigations” and…more

Compliance, Confidentiality, Data Bank Reports, Documentation, Healthcare

See All Updates »

Joseph Iskowitz

SEC Extends Sunset Date for Temporary Rule Regarding Principal Trades with Certain Advisory Clients

The Securities and Exchange Commission has extended the sunset date of Rule 206(3)-3T under the Investment Advisers Act of 1940 (the Act) from December 31, 2012, to December 31, 2014. Rule 206(3)-3T is a temporary rule that…more

Investment Adviser, SEC

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Carolyn H. Jackson

EMIR: An Overview of the New Framework

The “European Market Infrastructure Regulation,” known as EMIR, was adopted on July 4, 2012, as the Regulation on OTC Derivatives, Central Counterparties and Trade Repositories (EU 648/2012), and took effect in all EU Member…more

See All Updates »

Ann Kim

IRS and US Department of Labor Continue to Expand, Encourage and Simplify Correction Programs in 2013 Updates to EPCRS and DFVCP

Plan sponsors know that errors and failures in administering a retirement plan happen. All too often, changes in administrators, service providers and other staff uncover errors and compliance problems that should be corrected…more

Benefit Plan Sponsors, EBSA, EPCRS, ERISA, IRS

See All Updates »

Robert L. Kohl

SEC Approves NYSE and NASDAQ New Compensation Committee and Adviser Listing Standards

On January 11, the Securities and Exchange Commission approved final amendments to listing standards submitted by NYSE Regulation, Inc. and NASDAQ Stock Market LLC with regard to the independence of compensation committees and…more

Compensation Committee, Independence Rules, Listing Standards, Nasdaq, NYSE

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David Kravitz

NASDAQ Proposes Internal Audit Function Requirement for Listed Issuers

On March 4, the Securities and Exchange Commission published notice that The NASDAQ Stock Market LLC (NASDAQ) had filed a proposed new rule that would require each NASDAQ-listed issuer to maintain an internal audit function. The…more

Internal Audit Functions, Nasdaq, SEC

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Nathaniel W. Lalone

EMIR: An Overview of the New Framework

The “European Market Infrastructure Regulation,” known as EMIR, was adopted on July 4, 2012, as the Regulation on OTC Derivatives, Central Counterparties and Trade Repositories (EU 648/2012), and took effect in all EU Member…more

See All Updates »

Elizabeth D. Langdale

Court Finds Section 15(a) of the Exchange Act Only Applicable in Domestic Transactions

The US District Court for the Northern District of Illinois recently granted defendants’ motion to dismiss one count of a Securities and Exchange Commission complaint, finding that the registration requirement under Section…more

Foreign Exchanges, SEC, Securities Exchange Act

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Daniel B. Lange

New Fees Coming for Health Plan Sponsors

To help offset the costs associated with the implementation of the health care reform legislation, also known as the Patient Protection and Accordable Care Act of 2010 (PPACA), the law imposes certain fees on health insurers and…more

Affordable Care Act, Fees, Healthcare, PCORI, Transitional Reinsurance Program

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Lawrence D. Levin

Attacks on Proxy Statement Compensation Disclosure

Litigation challenging equity compensation exploded in 2012 and shows no signs of slowing, with a storm of lawsuits targeting Rule 10b5-1 trading plans threatening to strike for 2013 as well..…more

Disclosure Requirements, Executive Compensation, Proxy Statements, Rule 10b-5, Say-on-Pay

See All Updates »

Mark Limardo

IRS Releases Audit Memorandum on Another HTC Transaction

The Internal Revenue Service recently released Field Attorney Advice 20124002F, revealing another attempt on audit to invalidate an allocation of historic tax credits (HTCs) to an HTC equity investor. Although only just made…more

HTC Equity Investor, IRS, Tax Credits

See All Updates »

William Mattingly

IRS and US Department of Labor Continue to Expand, Encourage and Simplify Correction Programs in 2013 Updates to EPCRS and DFVCP

Plan sponsors know that errors and failures in administering a retirement plan happen. All too often, changes in administrators, service providers and other staff uncover errors and compliance problems that should be corrected…more

Benefit Plan Sponsors, EBSA, EPCRS, ERISA, IRS

See All Updates »

Stacey D. McKee Knight

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;…more

Commercial Leases, Disability, Disability Access Claims, New Legislation

See All Updates »

Sanjay Mehta

SDLT Schemes: The Good, The Bad and The Ugly

The Chancellor had previously warned that he would “not hesitate to move swiftly, without notice and retrospectively” to counter aggressive and widely marketed Stamp Duty Land Tax (SDLT) schemes. Last week, when announcing…more

DOTAS, HMRC, Stamp Duty Land Tax

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Tenley Mochizuki

Grand Jury Indicts Swiss Lawyer and Banker in Tax Evasion Scheme

A New York federal grand jury recently indicted a Swiss lawyer and bank executive for their roles in allegedly assisting US citizens with hiding assets in Swiss bank accounts, allowing the US citizens to evade income taxes. This…more

Foreign Banks, Grand Juries, Tax Evasion, Tax Fraud

See All Updates »

Kathleen H. Moriarty

SEC Publishes Guidance on Filing Requirements for Interactive Content

On March 15, the Security and Exchange Commission’s Division of Investment Management issued guidance (Guidance) on when investment companies registered under the Investment Company Act of 1940 such as mutual funds and exchange…more

Filing Requirements, Interactive Content, Investment Company Act of 1940, SEC

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Marilyn Selby Okoshi

DOL Issues Guidance for ERISA Plans to Engage in Cleared Swaps

On February 7, 2013, the US Department of Labor (DOL) issued Advisory Opinion 2013-01A (the “Advisory Opinion”), which provides guidance under the Employee Retirement Income Security Act of 1974 (ERISA) for employee benefit…more

CCPs, CEA, CFTC, Clearing Members, Dodd-Frank

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Timothy Patenode

Illinois House Considers Bill to Allow “Bonding Off” of Mechanics Liens

Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state but…more

Bonds, Lenders, Mechanics Lien, Proposed Legislation

See All Updates »

Ross Pazzol

SEC Issues Proposal Regarding Cross-Border Security-Based Swap Activities

On May 1, the Securities and Exchange Commission proposed rules and interpretive guidance with respect to cross-border security-based swap activities. Under this proposal, the requirements of Title VII of the Dodd-Frank Wall…more

Cross-Border, Dodd-Frank, Foreign Markets, SEC, Security-Based Swaps

See All Updates »

Dean Razavi

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had…more

Class Action, Geothermal Energy, Securities Fraud

See All Updates »

William M. Regan

Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature

The Delaware Court of Chancery recently ruled that a settlement agreement does not have to be fully executed by all parties to be enforceable…more

See All Updates »

Mark Reyes

SEC Roundtable Discusses Current Securities Law Topics at 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute

On May 2, Lona Nallengara and Shelley E. Parratt, the acting director and the deputy director, respectively, of the Securities and Exchange Commission’s Division of Corporation Finance, participated in a roundtable discussion…more

Conflict Mineral Rules, Investigations, Regulation FD, Roundtable, Rulemaking Process

See All Updates »

Michael Rosensaft

Court Finds Section 15(a) of the Exchange Act Only Applicable in Domestic Transactions

The US District Court for the Northern District of Illinois recently granted defendants’ motion to dismiss one count of a Securities and Exchange Commission complaint, finding that the registration requirement under Section…more

Foreign Exchanges, SEC, Securities Exchange Act

See All Updates »

Kenneth M. Rosenzweig

NFA Issues Reminder of FCM Responsibility for Review of Guaranteed IB Promotional Materials

In response to an increase in the volume of promotional material being submitted by guaranteed introducing brokers (GIBs) to the National Futures Association (NFA) through its Pre-review Program (a free service offered by the…more

FCMs, Guaranteed Introducing Brokers, NFA

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Jennifer Ryan

Illinois House Considers Bill to Allow “Bonding Off” of Mechanics Liens

Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state but…more

Bonds, Lenders, Mechanics Lien, Proposed Legislation

See All Updates »

Bruce Sabados

Texas District Court Addresses Misappropriation Theory of Insider Trading

The US District Court for the Northern District of Texas recently denied a defendant’s motion for summary judgment in a Securities and Exchange Commission civil enforcement action under the “misappropriation” theory of insider…more

Insider Trading, Mark Cuban, Misappropriation, SEC

See All Updates »

Tanja Samardzija

FINRA and ISG Extend Effective Date for Certain Electronic Blue Sheet Data Elements

The Securities and Exchange Commission recently extended the compliance date for the broker-dealer recordkeeping, reporting and monitoring requirements of the Large Trader Reporting Rule from May 1, 2013 to November 1, 2013..…more

Effective Filing Date, Electronic Blue Sheets, Extensions, FINRA, SEC

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Steven Schnitzer

The End of Unlimited FDIC Insurance: How Banks Can Retain—and Depositors Can Protect—Their Uninsured Deposits

In an attempt to limit the flight of deposits from insured depository institutions resulting from the 2008 fiscal crisis, Section 343 of the Dodd-Frank Wall Street Reform and Consumer Protection Act provided temporary, unlimited…more

Dodd-Frank, FDIC, Repo Sweeps, Securities, Sweep Accounts

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Peter J. Shea

SEC Publishes Guidance on Filing Requirements for Interactive Content

On March 15, the Security and Exchange Commission’s Division of Investment Management issued guidance (Guidance) on when investment companies registered under the Investment Company Act of 1940 such as mutual funds and exchange…more

Filing Requirements, Interactive Content, Investment Company Act of 1940, SEC

See All Updates »

Daniel J. Silverthorn

SEC Accountants Speak at AICPA Conference

On December 3, staff of the Office of the Chief Accountant (OCA) of the Securities and Exchange Commission spoke at the 2012 National Conference of the American Institute of Certified Public Accountants (AICPA) Conference on…more

Public Accounting Oversight Board, SEC

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Adam J. Spector

CFTC Staff Issues No-Action Letters

Commodity Futures Trading Commission staff recently released two no-action letters providing relief relating to the application of business conduct standards to prime brokers and swap dealers and disclosure of pre-trade…more

Business Conduct Standards, CFTC, Commodities Exchange Act, Disclosure Requirements, No-Action Letters

See All Updates »

Emily Stern

Grand Jury Indicts Swiss Lawyer and Banker in Tax Evasion Scheme

A New York federal grand jury recently indicted a Swiss lawyer and bank executive for their roles in allegedly assisting US citizens with hiding assets in Swiss bank accounts, allowing the US citizens to evade income taxes. This…more

Foreign Banks, Grand Juries, Tax Evasion, Tax Fraud

See All Updates »

James Van De Graaff

SEC Extends Compliance Date for Certain Large Trader Requirements

The Securities and Exchange Commission has extended the compliance date for broker-dealers from certain large trader recordkeeping, reporting and monitoring requirements…more

See All Updates »

Bruce Vanyo

The Gathering Storm: Equity Compensation and 10b5-1 Plans Under Attack

In this presentation: - The Genesis – Merger Objection Cases - The New Wave of Injunction Cases - Say-on-Pay Injunction Cases - Share Issuance Injunction Cases - Post-Vote Derivative Cases -…more

10b5-1 Plans, Compliance, Derivative Suit, Equity Compensation, Injunctions

See All Updates »

Jonathan Weiner

Mary Jo White, Nominee for Chair of the SEC, Appears Before Senate Banking Committee

On March 12, Mary Jo White, President Obama’s nominee to chair the Securities and Exchange Commission, appeared at her confirmation hearing before the US Senate Committee on Banking, Housing and Urban Affairs…more

Confirmation Proceedings, Mary Jo White, SEC

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Jeffrey M. Werthan

Consumer Financial Protection Bureau Releases Final Rule on International Remittance Transfers

On April 30, the Consumer Financial Protection Bureau (CFPB) issued its final rule amending subpart B of Regulation E, which implements the Electronic Fund Transfer Act, and the official interpretation to the regulation. This…more

CFPB, International Remittance Transfers

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Robert J. Wild

SEC Accountants Speak at AICPA Conference

On December 3, staff of the Office of the Chief Accountant (OCA) of the Securities and Exchange Commission spoke at the 2012 National Conference of the American Institute of Certified Public Accountants (AICPA) Conference on…more

Public Accounting Oversight Board, SEC

See All Updates »

Mark Wood

SEC Roundtable Discusses Current Securities Law Topics at 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute

On May 2, Lona Nallengara and Shelley E. Parratt, the acting director and the deputy director, respectively, of the Securities and Exchange Commission’s Division of Corporation Finance, participated in a roundtable discussion…more

Conflict Mineral Rules, Investigations, Regulation FD, Roundtable, Rulemaking Process

See All Updates »

Allison Wuertz

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal…more

Class Action, Confidential Witnesses, Evidence, Motion to Dismiss, Pleadings

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Gregory E. Xethalis

SEC Publishes Guidance on Filing Requirements for Interactive Content

On March 15, the Security and Exchange Commission’s Division of Investment Management issued guidance (Guidance) on when investment companies registered under the Investment Company Act of 1940 such as mutual funds and exchange…more

Filing Requirements, Interactive Content, Investment Company Act of 1940, SEC

See All Updates »

Richard Zelichov

Attacks on Proxy Statement Compensation Disclosure: An Update on the Gathering Storm

In this presentation: - Update January 15, 2013 Presentation. More investigation notices, more lawsuits filed, more decisions reached. Trends are becoming more apparent in hindsight. - Say-on-pay. -…more

Derivative Suit, Executive Compensation, Injunctions, Proxy Statements, Say-on-Pay

See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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