Sanctions

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

by Mark Walker | Cox Smith on 5/23/2013

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Managing Peer Review Hearings and Litigation

by Michael Callahan, James Hutchison | Katten Muchin Rosenman LLP on 5/21/2013

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. -...more

New York Appeals Court Overturns Sanction Requiring Bank To Accept Terms Of Trial Loan Modification

by BuckleySandler LLP on 5/20/2013

On May 1, the Supreme Court of the State of New York, Appellate Division, overturned a lower court’s order requiring a lender to modify a borrower’s loan agreement under the terms employed in the trial period as the penalty...more

Has the FCA started as it means to go on?

by Neil Gerrard, Miriam Gonzalez | Dechert LLP on 5/18/2013

Has the Financial Conduct Authority (“FCA”) in the UK started as it means to go on? The FCA recently fined a UK subsidiary of a private Swiss Bank for failing to establish and maintain effective anti-money laundering controls...more

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

by David J. McMahon | Barger & Wolen on 5/15/2013

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

BABC eDiscovery Newsletter - April 2013

by Brie Buchanan, Ty Dedmon, David Deusner, Kyle Hankey, Jonathan Head, Jessica Jones, Riley Key, Ann Phelps, Avery Simmons, Paul Smith, Fritz Spainhour, Frankie Spero | Bradley Arant Boult Cummings LLP on 5/10/2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

SEC Settles with Service Providers and Trustees of two Mutual Fund Trusts for Inaccurate Disclosures Regarding Section 15(c)...

by Ropes & Gray LLP on 5/7/2013

On May 2, 2013, the SEC filed an order instituting settled administrative proceedings against the trustees (“Trustees”) and certain service providers of two “turnkey” open-end series investment companies, Northern Lights Fund...more

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

by Valentina Shenderovich | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

SEC Sanctions Fund Trustees for Inadequate Disclosures and Failure to Follow Compliance Policies

by Jay G. Baris, Kelley A. Howes | Morrison & Foerster LLP on 5/3/2013

The Securities and Exchange Commission today charged the trustees of two “turnkey” mutual fund trusts with causing untrue or misleading disclosures about their review of the funds’ advisory contracts. The Commission also...more

The European Union Lifts Sanctions on Burma

by Foley Hoag LLP - Corporate Social... on 5/2/2013

On April 22, the European Union lifted all sanctions on Burma except an arms embargo. The sanctions had already been eased in April 2012, which left open the option of easily putting them back into place. The European Union’s...more

EU lifts sanctions against Burma/Myanmar, eases measures against Syria and Libya, and tightens sanctions against North Korea

by James R.M. Killick, Sara Nordin, Charlotte Van Haute, Fabienne Vermeeren | White & Case LLP on 4/24/2013

I. Introduction - The EU has updated its sanctions measures against Burma/Myanmar, Syria, North Korea and Libya. For Burma/Myanmar, the Council has decided to lift all economic sanctions, while keeping the...more

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

by Emily Huters | Morrison Foerster - Social Media on 4/17/2013

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

Two Databases Become One: HRSA’s Rule on Reporting Provider Sanctions

by Stephanie Willis | Mintz Levin - Health Law on 4/11/2013

The Health Resources and Services Administration (“HRSA”) has issued a final rule (“HRSA Rule”) that will eliminate duplicative federal reporting requirements of provider sanctions and other adverse actions taken against...more

Cuba Practice Update - April 11, 2013

by Matthew Aho, Pedro Freyre, Augusto Maxwell | Akerman Senterfitt on 4/11/2013

Cuba Details Rules for Special Economic Zone - The Cuban government last week released details of customs reforms for a long-planned free trade industrial manufacturing and maritime shipping facility in the Mariel...more

Employers Sanctioned By Federal Courts For Destroying Records

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 4/11/2013

Employers in two recent EEOC cases were sanctioned by federal courts for destroying employee records. These rulings illustrate the need for employers to develop and implement document retention procedures to avoid costly...more

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

by Cynthia A. Augello | Cullen and Dykman LLP on 4/9/2013

It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more

Bank Indonesia revises the single presence policy for banks – Implications for the banking sector

by White & Case LLP on 4/5/2013

Background - On 26 December 2012 (the “Effective Date”), Bank Indonesia (“BI”) published Regulation No. 14/24/PBI/2012 (“Regulation 14”) which contains a revised version of the single presence policy applicable to...more

BI issues policy on multiple licenses and bank branches

by White & Case LLP on 4/5/2013

Background - On 2 January 2013, Bank Indonesia (“BI”) issued Regulation 14/26/PBI/2012 on the business activities and branch or office networks of banks (“Regulation 14”). Regulation 14 has been keenly anticipated by market...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

by Becky Koblitz | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

Eased Sanctions Present New Opportunities and Risks

by Gregory Husisian, Christopher Swift | Foley & Lardner LLP on 4/2/2013

In last month’s newsletter, we discussed how developments in 2012 had considerably tightened sanctions against Iran, including through the first-ever application of sanctions to separately incorporated subsidiaries of U.S....more

Coming To America? Six Considerations For Foreign Entrepreneurs

by The R. Bernard Law Group on 4/1/2013

Foreign nationals with an interest in expanding their businesses in America often find themselves trying to navigate a complicated regulatory scheme from applying for visas to understanding U.S. laws. With clients in Europe...more

Final Regulations Governing Closure of Long Term Care Facilities

by Howard Sollins | Ober|Kaler on 3/29/2013

The federal Centers for Medicare and Medicaid Services (CMS) published a final regulation to further implement section 6113 of the federal health reform law, the Patient Protection and Affordable Care Act. The March 19, 2013,...more

BP, Alabama to File for Sanctions Against Halliburton

by Josh Crank | Lawyers.com on 3/22/2013

Lawyers for oil giant BP and the state of Alabama told a federal judge today that they intend to file for sanctions against Halliburton for its handling of cement samples in the wake of the 2010 Deepwater Horizon oil rig...more

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/20/2013

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

by Katherine R. Hinde, Danielle Kitson, Angelo Spinola | Littler on 3/19/2013

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

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