Bingham McCutchen LLP Document Search Results (120)
Show: results per page
|Second Circuit Defines ‘Customer’ Under FINRA Arbitration Rules|
David C. Boch, Michael C. Moran; Bingham McCutchen LLP;
August 22, 2014, previously published on August 15, 2014The 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...
|Ninth Circuit Questions De Minimis CERCLA Settlement and Deference to State|
Jeremy Esterkin, Denise G. Fellers, Mae Kieng Hau, Rick R. Rothman; Bingham McCutchen LLP;
August 22, 2014, previously published on August 13, 2014The 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...
|Anti-Money Laundering Customer Due Diligence|
K. Michael Carlton, Barry N. Hurwitz, Andrew B. Kales, W. John McGuire, Carl A. Valenstein; Bingham McCutchen LLP;
August 11, 2014, previously published on August 8, 2014On 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...
|Delaware 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;
August 8, 2014, previously published on August 1, 2014Over 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...
|MiFID II - New Corporate Governance Requirements for EU-Regulated Financial Services Firms|
Christopher Leonard, Chris Poon; Bingham McCutchen (London) LLP;
August 6, 2014, previously published on July 31, 2014This 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...
|Delay 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;
August 6, 2014, previously published on August 5, 2014This 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”)...
|SEC Adopts Money Market Fund Reforms|
Lea Anne Copenhefer, Barry N. Hurwitz, Roger P. Joseph, Christopher D. Menconi, Mari Wilson; Bingham McCutchen LLP;
August 2, 2014, previously published on July 23, 2014The 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.
|EEOC Adopts Tougher Rules Protecting Pregnant Workers|
Mae Kieng Hau, Douglas T. Schwarz; Bingham McCutchen LLP;
July 30, 2014, previously published on July 29, 2014Pregnant 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...
|Secretary Lew Calls on Financial Institutions to Strengthen Their Cybersecurity Defenses|
Steven G. Brody, Jason E. Glass; Bingham McCutchen LLP;
July 25, 2014, previously published on July 17, 2014On 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...
|SEC Orders a Pilot Program on Tick Sizes to Study Trading Behavior|
Russell M. Fecteau; Bingham McCutchen LLP;
July 25, 2014, previously published on July 15, 2014On June 24, 2014, the Securities and Exchange Commission (SEC) ordered national stock exchanges and the Financial Industry Regulatory Authority (FINRA) to craft a yearlong pilot program that requires specific stocks (“Pilot Securities”) to trade in five-cent increments rather than...