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HTMLNinth Circuit Questions De Minimis CERCLA Settlement and Deference to State
Jeremy Esterkin, Denise G. Fellers, Mae Kieng Hau, Rick R. Rothman; Bingham McCutchen LLP;
Legal Alert/Article
August 22, 2014, previously published on August 13, 2014
The Ninth Circuit’s recent decision in Arizona v. Tucson rebuked a district court’s rubber-stamp approval of several consent decrees under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The district court failed to adequately scrutinize the decrees...

 

HTMLSecond Circuit Defines ‘Customer’ Under FINRA Arbitration Rules
David C. Boch, Michael C. Moran; Bingham McCutchen LLP;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
The U.S. Court of Appeals for the Second Circuit has provided a measure of clarity in limiting the definition of a “customer” who may bring a FINRA arbitration under FINRA Rule 12200. The decision is significant for those member firms that provide a broad array of financial services...

 

HTMLAnti-Money Laundering Customer Due Diligence
K. Michael Carlton, Barry N. Hurwitz, Andrew B. Kales, W. John McGuire, Carl A. Valenstein; Bingham McCutchen LLP;
Legal Alert/Article
August 11, 2014, previously published on August 8, 2014
On July 30, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed regulations seeking to clarify and strengthen the customer due diligence obligations of certain types of financial institutions aimed at preventing money laundering in the...

 

HTMLDelaware Supreme Court Allows Plaintiff Shareholders to ‘Invade’ Corporation’s Attorney-Client Privilege for Good Cause
Michael D. Blanchard, Christopher M. Wasil, P. Sabin Willett; Bingham McCutchen LLP;
Legal Alert/Article
August 8, 2014, previously published on August 1, 2014
Over forty years ago, in Garner v. Wofinbarger, 430 F.2d 1039 (5th Cir. 1970), the Fifth Circuit held that, with a showing of good cause, a shareholder investigating potential fiduciary breaches could overcome the attorney-client privilege for internal corporate documents. In Delaware, several...

 

HTMLDelay of the Effective Date to the Amendments to the Article 63 Exemption
Tomoko Fuminaga, Akihito Miyake, Yoshiyuki Omori, Christopher P. Wells, Koji Yamamoto; Bingham McCutchen Murase Sakai Mimura Aizawa Foreign Law Joint Enterprise;
Legal Alert/Article
August 6, 2014, previously published on August 5, 2014
This Client Alert is an update to our client dated May 20, 2014 with respect to the proposed amendments (“Proposed Amendments”) to the regulations with respect to the “Special Business Activities for Qualified Institutional Investors” (the “Article 63 Exemption”)...

 

HTMLMiFID II - New Corporate Governance Requirements for EU-Regulated Financial Services Firms
Christopher Leonard, Chris Poon; Bingham McCutchen (London) LLP;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
This is the second of our series of alerts on MiFID II and MiFIR, the package of reforms and amendments to the Markets in Financial Instruments Directive. It is generally agreed that weaknesses in corporate governance in a number of financial institutions were a significant contributory factor to...

 

HTMLSEC Adopts Money Market Fund Reforms
Lea Anne Copenhefer, Barry N. Hurwitz, Roger P. Joseph, Christopher D. Menconi, Mari Wilson; Bingham McCutchen LLP;
Legal Alert/Article
August 2, 2014, previously published on July 23, 2014
The U.S. Securities and Exchange Commission voted 3-2 today to adopt significant changes to the regulation of money market funds in an effort to minimize the potential for a systemic “run” on money market funds like the one experienced in 2008.

 

HTMLEEOC Adopts Tougher Rules Protecting Pregnant Workers
Mae Kieng Hau, Douglas T. Schwarz; Bingham McCutchen LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Pregnant employees may be entitled to accommodation under both the Pregnancy Discrimination Act and the Americans with Disabilities Act, according to the United States Equal Employment Opportunity Commission’s long anticipated Enforcement Guidance on Pregnancy Discrimination and Related...

 

HTMLSEC Staff Issues Proxy Voting Guidance
Abigail Bertumen, Lea Anne Copenhefer, Barry N. Hurwitz, Christopher D. Menconi; Bingham McCutchen LLP;
Legal Alert/Article
July 25, 2014, previously published on July 11, 2014
Just before the July 4th holiday, the SEC’s Division of Investment Management and Division of Corporate Finance issued guidance on proxy voting. The guidance, which is a staff bulletin in the form of a Q&A, is the next chapter in an ongoing discussion about how investment advisers satisfy...

 

HTMLSecretary Lew Calls on Financial Institutions to Strengthen Their Cybersecurity Defenses
Steven G. Brody, Jason E. Glass; Bingham McCutchen LLP;
Legal Alert/Article
July 25, 2014, previously published on July 17, 2014
On July 16, 2014, U.S. Treasury Secretary Jacob J. Lew delivered the keynote speech at the Delivering Alpha conference, a gathering of hedge fund industry participants. Secretary Lew used this event to issue strongly-worded remarks on the serious nature of cyber-incursions, in particular the...

 


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