Stop-And-Frisk Judge Removed, Fights Back
On April 3, 2024, the Department of Labor (the “DOL”) issued its final amendment (“Final Amendment”) to Prohibited Transaction Class Exemption 84-14, commonly referred to as the “QPAM Exemption”. Generally, the QPAM...more
With the expansion in the size and scope of the Court of Appeals of Virginia on January 1, 2022, civil litigators in Virginia have an increased likelihood of a full appeal of virtually any trial court decision. However, since...more
On November 13, 2023, the U.S. Supreme Court published a Code of Conduct that codifies the ethics rules and principles governing the conduct of Justices and their staff. The Code consists of five Judicial Canons that draw...more
The Central Bank (Individual Accountability Framework) Act 2023 was signed into law on 9 March 2023 (the “Act”). The Act amends several pieces of legislation relating to the Central Bank of Ireland’s (“Central Bank”)...more
Applications to disqualify arbitrators or vacate arbitration awards due to the alleged bias of a panel member made in United States courts are often met with significant resistance. Courts have long recognized that...more
Introduction - On 18 April 2023, the UK’s Insolvency Service (“TIS”) published statistics on its enforcement activities and outcomes during the last financial year (the “Report”). The Report describes TIS’s enforcement...more
Attorney General (“AG”) has issued guidance to the industry on the circumstances in which the AG will apply to Jersey’s Royal Court (“the Court”) under article 78 of the Companies (Jersey) Law 1991 (“the Companies law”) to...more
Recent decisions concerning requests to disqualify arbitrators have revived the debate on subjects like issue bias and double-hatting. Other decisions have raised new questions regarding the line between, on one hand,...more
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This...more
The commercial and business aviation industry in the U.S. is in crisis, with an unprecedented shortage of pilots creating demand that far outstrips the supply of commercial and business pilots available. While this is bad...more
Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: BREAKING: DC Court of Appeals Upholds AG...more
As we went to print, the D.C. Court of Appeals reportedly announced its decision upholding a ruling by the D.C. Board of Elections disqualifying AG candidate Kenyan R. McDuffie from the June primary ballot....more
Company directors who act in breach of their statutory and fiduciary duties can face disqualification for up to 15 years pursuant to the Company Directors Disqualification Act 1986 (CDDA). Prior to 15 February 2022, civil...more
There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more
The United States District Court for the District of Utah, applying Utah law, has held that a law firm’s representation in its insurance application that it lacked knowledge of any incident, act, error, or omission that could...more
In case you missed it, the Supreme Court of North Carolina issued a surprising disqualification order last week, setting up what could be a contentious internal fight within the Supreme Court as to which justices will...more
The relationship for which counsel for a committee could be disqualified was addressed in the recent case of Bingham Greenbaum Doll, LLP v. Glenview Health Care Facility, Inc., 620 B.R. 582 (6th Cir. B.A.P. 2020)...more
There May Be Assistance with Funeral Expenses through FEMA - As the number of Covid diagnoses are again on the rise, many families are dealing with the death of a loved one caused by the coronavirus. Those same families...more
After unanimous approval by both Florida’s Senate and House, Governor Ron DeSantis signed the Educator Conduct Act on June 21, amending several sections of the state’s K-20 Education Code and imposing new statutory...more
The new Administration in Washington brings an expectation of change at the SEC in many areas, one of them being SEC Enforcement, where a shift toward more aggressive enforcement is anticipated. That change has already begun....more
On February 11, SEC Acting Chair Lee announced that the Commission no longer would permit settlements in enforcement actions to include, or be contingent on the grant of, waivers of statutory disqualifications that flow from...more
There is a little corner of the FINRA world that most people never have the need or desire to visit, and that’s the not-so-quaint village of statutory disqualification. SD, for short. I have written about this sad place...more
“During this public-health emergency, a judge’s priority must be the health and safety of court employees, trial participants, jurors, and members of the public entering the courthouse” - Supreme Court of Ohio An Ohio...more
Under the Competition Ordinance, the Hong Kong Competition Tribunal (“Tribunal”) may, on application by the Competition Commission (“Commission”), impose a disqualification order prohibiting a person from being a director,...more
Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions. The Importance of...more