Katten Muchin Rosenman LLP

Legal Updates

About

Attorneys

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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
Blake Brockway	CFTC Adopts Final Rules for Execution Facilities and Other Matters During an open meeting on May 16, the Commodity Futures Trading Commission adopted a final rule establishing core principles and other requirements for swap execution facilities, which will become effective 60 days after…more CFTC, Final Rules, Swap Execution Facilities	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	See All Updates »
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	See All Updates »
Michael Callahan	Managing Peer Review Hearings and Litigation In this presentation: - Overview and recommendations regarding hearing procedures. - Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act. - Effective…more	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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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 Adopts Final Rules for Execution Facilities and Other Matters During an open meeting on May 16, the Commodity Futures Trading Commission adopted a final rule establishing core principles and other requirements for swap execution facilities, which will become effective 60 days after…more CFTC, Final Rules, Swap Execution Facilities	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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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 Hearings and Litigation In this presentation: - Overview and recommendations regarding hearing procedures. - Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act. - Effective…more	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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	FINRA Issues Interpretive Guidance on Use of Back Tested Index Data by ETPs On April 22, the Financial Industry Regulatory Authority, Inc. issued to ALPS Distributors, Inc. interpretive guidance with respect to FINRA Rule 2210(d) and the use of hypothetical back tested index performance information,…more	See All Updates »
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	See All Updates »
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	See All Updates »
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	Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Petitioners filed numerous…more Alter Ego, Chapter 7, Motion to Dismiss, Payment-In-Kind, Promissory Notes	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	See All Updates »
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	See All Updates »
Peter J. Shea	FINRA Issues Interpretive Guidance on Use of Back Tested Index Data by ETPs On April 22, the Financial Industry Regulatory Authority, Inc. issued to ALPS Distributors, Inc. interpretive guidance with respect to FINRA Rule 2210(d) and the use of hypothetical back tested index performance information,…more	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	See All Updates »
Marybeth Sorady	FINRA Issues Interpretive Guidance on Use of Back Tested Index Data by ETPs On April 22, the Financial Industry Regulatory Authority, Inc. issued to ALPS Distributors, Inc. interpretive guidance with respect to FINRA Rule 2210(d) and the use of hypothetical back tested index performance information,…more	See All Updates »
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	See All Updates »
Jeffrey M. Werthan	FDIC Division Director James R. Wigand Testifies on Cross-Border Resolution Plans On May 15, James R. Wigand, Director, Office of Complex Financial Institutions of the Federal Deposit Insurance Corporation (FDIC) testified before the U.S. Senate Subcommittee on National Security and International Trade and…more Cross-Border, Dodd-Frank, FDIC	See All Updates »
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	Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Petitioners filed numerous…more Alter Ego, Chapter 7, Motion to Dismiss, Payment-In-Kind, Promissory Notes	See All Updates »
Gregory E. Xethalis	FINRA Issues Interpretive Guidance on Use of Back Tested Index Data by ETPs On April 22, the Financial Industry Regulatory Authority, Inc. issued to ALPS Distributors, Inc. interpretive guidance with respect to FINRA Rule 2210(d) and the use of hypothetical back tested index performance information,…more	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.