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Bingham McCutchen LLP Boston, NY Document Search Results (77) Show: results per page Sort by:  | FINRA Amends Rules to Provide That Whistleblower Disputes are No Longer Subject to Mandatory Arbitration
David C. Boch, W. Hardy Callcott, Jason S. Pinney; Bingham McCutchen LLP;
Legal Alert/Article May 24, 2012, previously published on May 22, 2012 The Financial Industry Regulatory Authority (“FINRA”) is amending Rules 13201 and 2263 to provide that whistleblower disputes are no longer subject to mandatory arbitration. This change aligns the rules with the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act...
| | Reversal of Fortune: 11th Circuit Reverses District Court and Affirms Florida Bankruptcy Court on Controversial Fraudulent Transfer Decision (In re Tousa, Inc., et al.)
Ainsley G. Moloney, Steven Wilamowsky; Bingham McCutchen LLP;
Legal Alert/Article May 24, 2012, previously published on May 18, 2012 On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit decided Senior Transeastern Lenders et al. v. Official Committee of Unsecured Creditors (In re TOUSA, INC., et al.), No. 11-11071 (11th Cir. 2012), a decision with potentially significant implications for commercial...
| | SEC Approves MSRB’s New Underwriter Disclosure Requirements
Elizabeth H. Baird, W. Hardy Callcott, Timothy C. Foley, Paul M. Tyrrell; Bingham McCutchen LLP;
Legal Alert/Article May 24, 2012, previously published on May 16, 2012 On May 4, 2012, the Securities and Exchange Commission approved a new Municipal Securities Rulemaking Board interpretive notice (“the Notice”) regarding MSRB Rule G-17. The Notice describes certain disclosure and other obligations of municipal securities dealers when they act as...
| | Employers Need Not Post the NLRB-Authored Notice Advising Employees of Their Rights Under the NLRA — For Now
Jenny K. Cooper, Richard Spitaleri; Bingham McCutchen LLP;
Legal Alert/Article May 1, 2012, previously published on April 30, 2012 On April 17, 2012, the U.S. Court of Appeals for the District of Columbia Circuit (the "D.C. Circuit") issued a preliminary injunction that temporarily enjoined the National Labor Relations Board ("NLRB") rule that would require employers to post an NLRB-authored notice advising...
| | FTC Loses the Androgel Appeal; Court Skepticism of “Pay for Delay” Claims Continues
Thane D. Scott, Hill B. Wellford; Bingham McCutchen LLP;
Legal Alert/Article April 27, 2012, previously published on April 26, 2012 On April 25, 2012, the 11th Circuit Court of Appeals issued its long-awaited decision in the Androgel litigation, Federal Trade Commission v. Watson Pharmaceuticals, Inc. et al., affirming the District Court’s dismissal of the FTC’s complaint. This decision continues a trend of losses...
| | FINRA Seeks Comment on Proposed "In re Expungement Rule" Applicable to Unnamed Parties in Arbitration Proceedings
David C. Boch, W. Hardy Callcott, Paul M. Tyrrell; Bingham McCutchen LLP;
Legal Alert/Article April 18, 2012, previously published on April 16, 2012 FINRA recently issued a Regulatory Notice requesting comment on a proposed new expungement procedure for persons not named in a customer-initiated arbitration. As noted in RN 12-18, in 2009, the SEC approved amendments to Forms U4 and U5 to, among other things, require the reporting of allegations...
| | MSRB Proposes Revised Definition of Sophisticated Municipal Market Professional (“SMMP”)
Elizabeth H. Baird, W. Hardy Callcott, Timothy C. Foley, Paul M. Tyrrell; Bingham McCutchen LLP;
Legal Alert/Article April 9, 2012, previously published on April 4, 2012 The Municipal Securities Rulemaking Board (“MSRB”) filed a Proposed Rule Change (the “Proposal”) with the U.S. Securities and Exchange Commission that updates its definition of “sophisticated municipal market professionals” (“SMMPs”) under MSRB Rule...
| | JOBS Act: Congress Attempts to Reduce Regulatory Burdens on IPOs and Private Offerings
Laurie A. Cerveny, Robert G. Leonard, Michael P. O'Brien, Charles A. Sweet, Carl A. Valenstein; Bingham McCutchen LLP;
Legal Alert/Article April 2, 2012, previously published on April 2, 2012 Congress has passed and President Obama is expected to sign the Jumpstart Our Business Startups Act, a five-pronged attempt to reduce regulatory burdens on securities offerings and thus facilitate capital formation and job creation, especially by “emerging growth companies.” Although...
| | ERISA Fee Disclosure by Investment Managers
Russell E. Isaia, Barbara D. Klippert; Bingham McCutchen LLP;
Legal Alert/Article March 30, 2012, previously published on March 29, 2012 The Department of Labor ("DOL") recently released final regulations on required fee disclosure by service providers to ERISA plans. We discussed this release in general terms in our Alert of March 7, 2012. This Alert addresses how the new regulations relate specifically to investment...
| | Supreme Court Rules in Mayo v. Prometheus
Scott T. Bluni; Bingham McCutchen LLP;
Legal Alert/Article March 23, 2012, previously published on March 21, 2012 In the continuing wake of In re Bilski, the Supreme Court again clarified what does and does not constitute patent-eligible subject matter. The unanimous Court reinforced the long-held judicial exception to patentable subject matter under Section 101 of the Patent Act, namely that laws of nature...
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