Stinson Leonard Street

House Acts to Place Additional Limitations on SEC Rulemaking

With its passage of the SEC Regulatory Accountability Act last week, the U.S. House of Representatives has taken action to place additional constraints on future rulemaking by the Securities and Exchange Commission; however,…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

The Road to Recall: Evaluating Defects for Substantial Product Hazard

The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to the…more
| Commercial Law & Contracts, International Law & Trade, Products Liability

Bill Introduced To Delay Effective Date of DOL Fiduciary Rule

On January 6, 2017 Rep. Joe Wilson introduced a house bill that would delay for two years the effective date of the DOL Fiduciary Rule set to take effect on April 1, 2017. http://src.bna.com/ldB. This legislation follows…more
| Elections & Politics, Finance & Banking, Labor & Employment Law

2016 in Arbitration Law: Fleeting Victories for Consumer Advocates?

If I had drafted this annual summary post on November 7, 2016, it would have looked different. At that point, the year had produced numerous (final or proposed) federal regulations that significantly restricted the use of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Health, Labor & Employment Law

Corzine Settles CFTC’s MF Global Charges for $5 Million

The U.S. Commodity Futures Trading Commission has obtained a federal court Consent Order against Defendant Jon S. Corzine, former CEO of MF Global Inc., requiring him to pay a $5 million civil monetary penalty for his role in MF…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Publishes Regulation A+ Statistics

The SEC has published a white paper describing the types of Regulation A+ offerings to date. Facts published include: As of October 31, 2016, prospective issuers have publicly filed offering statements for 147 Regulation A+…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

10th Circuit Finds SEC Administrative Proceedings are Unconstitutional

The Appointments Clause of the US Constitution requires that “inferior officers” be appointed by the President, department heads or courts of law. SEC administrative law judges, or ALJs, are not appointed by the SEC – they are…more
| Administrative Law, Commercial Law & Contracts, Constitutional Law, Securities Law

Delaware Court Addresses Fee-Shifting Bylaw

In 2015, Section 115 was added to the Delaware General Corporation Law, or DGCL providing that Delaware corporations may adopt bylaws requiring that internal corporate claims be filed exclusively in Delaware. Section 109(b) of…more
| Civil Remedies, Commercial Law & Contracts, Securities Law

Philadelphia Bans Salary History Inquiries, Signaling a Growing Trend

This month, Philadelphia became the first city in the nation to ban employers from asking job applicants about their salary history. The new ordinance, which was unanimously passed by the Philadelphia City Council, makes it…more
| Civil Rights, Labor & Employment Law

FDA: The Powdered Gloves Come Off

In a rare move, the Food and Drug Administration (FDA) announced on Friday that it is banning the following devices after determining that they present an unreasonable and substantial risk of illness or injury that cannot be…more
| Administrative Law, Health, Products Liability

ISS Provides Updated Compensation Plan and Executive Compensation FAQs

ISS has updated its equity compensation plan FAQs. New and materially updated questions include: - If a company grants performance-based awards, how will the shares be counted for the purposes of calculating burn rate?..…more
| Commercial Law & Contracts, Securities Law

Newest MNvest Crowdfunding Portal To Rely on Blockchain Technology

An equity and debt based crowdfunding portal built on Blockchain technology is set to begin offering crowd-sourced financing opportunities to non-accredited investors under Minnesota’s MNvest crowdfunding legislation. Silicon…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

Nebraska Real Estate And Nebraska Borrowers, But Federal Arbitration Act Applies

In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Preparing for the Unexpected with Product Recall Insurance

Companies often incur substantial costs implementing and responding to product recalls. A children's product recall might include any of the following costs, among others..…more
| Commercial Law & Contracts, Insurance, Products Liability

New Law Permits Stand-Alone Health Reimbursement Arrangements (HRAs) For Small Employers

On December 13, 2016 President Obama signed into law the 21st Century Cures Act. The law had been approved with bipartisan support in the House by a vote of 392 to 26 and in the Senate by a vote of 94 to 5. The law addresses a…more
| Elections & Politics, Health, Labor & Employment Law
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150 South Fifth Street
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Minneapolis, MN 55402, United States

  • 612.335.7222
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400+ Attorneys

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