Article(s) published by this organization: 179
 | The Applicability of the Attorney-Client Privilege before Congress
James Hamilton, Randall Mark Levine; Bingham McCutchen LLP; November 6, 2009, previously published on November 2, 2009 Rep. Edolphus Towns (D-N.Y.), Chairman of the House Committee on Oversight and Government Reform, recently asserted, as other Congressional leaders before him have done, that "Congress has the right to refuse to recognize an assertion of the attorney-client privilege." |
| Massachusetts Announces Revisions to Data Security Regulations
Beth I. Z. Boland, Scott C. Kleekamp; Bingham McCutchen LLP; November 5, 2009, previously published on November 5, 2009 As highlighted in Bingham's Privacy & Security Alerts dated October 31, 2008, November 18, 2008, February 18, 2009, and August 19, 2009, the Massachusetts Office of Consumer Affairs and Business Regulation ("OCABR") has issued regulations (the "Regulations"), codified at 201... |
| 2009 Elections Produce Two New Attorneys General
Sarah Reznek, Timothy J. Shea; Bingham McCutchen LLP; November 5, 2009, previously published on November 4, 2009 Two new state Attorneys General will take office as a result of the 2009 off-year elections, changing the balance between Republicans and Democrats. Specifically, the victory of Ken Cuccinelli in Virginia ensures that the Attorney General's office will remain in the Republican column as it has... |
| Court Muddies the Waters on Federal Shoreline Jurisdiction
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP; November 5, 2009, previously published on October 29, 2009 In United States v. Milner, the Ninth Circuit ruled that federal jurisdiction under the Rivers & Harbors Act is defined by where the mean high water line would have been had shore-defense structures such as seawalls and levees never been built, while jurisdiction under the Clean Water Act is... |
| Proposed Legislation Would Require Risk Retention, Increased Disclosure in Offerings of Asset-Backed Securities
Edward E. Gainor; Bingham McCutchen LLP; November 5, 2009, previously published on October 30, 2009 Draft legislation released this week by the U.S. House Committee on Financial Services would, among other things, amend the Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of 1934 (the "Exchange Act") to impose new regulations on securitization... |
| House Judiciary Committee Votes to Repeal Insurers' Antitrust Immunity Thane D. Scott; Bingham McCutchen LLP; October 30, 2009, previously published on October 27, 2009 For over 60 years the McCarran-Ferguson Act has provided broad antitrust immunity to the insurance industry. This has permitted insurers of all types to engage in a broad range of collaborative activity that might otherwise be forbidden under the antitrust laws. Scattered efforts to limit or repeal... |
| Recent Changes to New York Labor Laws Regarding Written Notice and Acknowledgment Requirements and Penalties for Wage and Hour Violations Douglas T. Schwarz, Richard Spitaleri; Bingham McCutchen LLP; October 30, 2009, previously published on October 27, 2009 Employers should be aware of the following changes to the New York Labor Law as a result of recent state legislation. Failure to comply with these requirements will put employers at a distinct disadvantage in any dispute over employment terms. |
| SEC Brings Failure to Supervise Administrative Proceeding against Broker-Dealer General Counsel W. Hardy Callcott; Bingham McCutchen LLP; October 30, 2009, previously published on October 27, 2009 On Oct. 19, 2009, the U.S. Securities and Exchange Commission instituted an administrative proceeding against the former general counsel of Ferris Baker Watts Inc., a well-known regional broker-dealer in the mid-Atlantic area which has since merged into a national firm. The case alleges that the... |
| Court Upholds Air District's Indirect Source Review Fees Geoffrey L. Robinson, Verne Ball; Bingham McCutchen LLP; October 28, 2009, previously published on October 21, 2009 In a closely watched case addressing fees imposed for air pollution, the Fifth District Court of Appeal upheld the San Joaquin Valley Air Quality Management District's Indirect Source Review program, embodied in Rule 9510. California Building Industry Association v. San Joaquin Valley Air Pollution... |
| Congress Looks Determined to Regulate OTC Derivative Trading Geoffrey F. Aronow, Anthony R. Van Vuren, Jon Roellke; Bingham McCutchen LLP; October 28, 2009, previously published on October 22, 2009 In a near party-line vote, the House Committee on Financial Services approved 43-26 the "Over-the-Counter Derivatives Markets Act of 2009," which would give the Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC")... |
