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HTMLEmployers Get Second Bite at the Apple as Supreme Court Finds Senate Recess Appointments Unconstitutional
Jessica Boar, Debra L. Fischer; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2, 2014
In a unanimous decision, on June 26, 2014, the United States Supreme Court held in Noel Canning v. NLRB that President Obama violated the Recess Appointment Clause by appointing three members of the National Labor Relations Board (the “NLRB” or “Board”) while the Senate was...

 

HTMLSupreme Court Allows States to Set Expiration Date on Certain Environmental Claims
David M. Halverson, Duke K. McCall, Dominique Malata Perez; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on June 16, 2014
In a June 9, 2014, decision resolving a circuit split, the U.S. Supreme Court ruled in CTS Corp. v. Waldburger that federal environmental law does not preempt state statutes of repose that bar tort claims for personal injury or property damage arising from a release of hazardous substances....

 

HTMLCalifornia Supreme Court Gives Class Action Waivers in the Employment Context Two Thumbs Up
Jessica Boar, Mae Kieng Hau, James Severson; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on July 1, 2014
Employers who for years have questioned whether they may contractually bar employees from bringing class action claims can now breathe a sigh of relief. On June 23, 2014, the California Supreme Court in Iskanian v. CLS Transp. L.A., LLC, No. S204032, held that class action waivers in arbitration...

 

HTMLAndrew Ceresney: 2014 Enforcement Accomplishments and Priorities Relating to Financial Services Firms
Amy Natterson Kroll, Elizabeth A. Marino; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on June 17, 2014
Andrew Ceresney, Director, Division of Enforcement (the “Division”), Securities and Exchange Commission (“Commission”), recently spoke at Compliance Week 2014 regarding the Division’s accomplishments over the past year and its priorities for the remainder of 2014.1 Of...

 

HTMLSEC Division of Investment Management Issues Guidance on Mutual Fund Disclosure
Mana Behbin, Michael Glazer; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on July 3, 2014
On June 26th, the staff of the SEC’s Division of Investment Management published guidance on its 2009 mutual fund disclosure enhancements (“Guidance”). The enhancements were adopted as amendments to Form N-1A (the registration form used by mutual funds) and Rule 498 under the...

 

HTMLAgencies Publish Volcker Rule Frequently Asked Questions
Yevedzo R. Chitiga, Andrew B. Kales; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on June 17, 2014
On June 10, 2014, the U.S. federal banking agencies,1 the U.S. Securities and Exchange Commission, and the U.S. Commodity Futures Trading Commission (collectively, the “Agencies”), published answers to six frequently asked questions (“FAQs”) regarding the Volcker Rule.2 The...

 

HTMLEPA Proposes Rule Requiring Existing Power Plants to Reduce Greenhouse Gas Emissions
Steve W. Black, David K. Brown, Rick R. Rothman; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on June 17, 2014
On June 2, 2014, the United States Environmental Protection Agency (EPA) released its Clean Power Plan, a much anticipated proposed rule under the Clean Air Act to reduce carbon pollution from existing electric generating power plants. Through a combination of emissions reductions, greater reliance...

 

HTMLFINRA Provides Dark Pool Trading Data
Russell M. Fecteau, Elizabeth A. Marino; Bingham McCutchen LLP;
Legal Alert/Article
June 17, 2014, previously published on June 11, 2014
On June 2, 2014, and pursuant to FINRA Rule 4552, the Financial Industry Regulatory Authority Inc. (“FINRA”) began publishing trading data attributable to alternative trading systems (“ATSs”), inclusive of trading data from “dark pools.” According to FINRA,...

 

HTMLCalifornia Attorney General Issues Recommendations on Developing Privacy Policies
Ronald W. Del Sesto, Courtney E. Smith; Bingham McCutchen LLP;
Legal Alert/Article
June 4, 2014, previously published on May 27, 2014
On May 21, 2014, California Attorney General Kamala D. Harris issued recommendations regarding recent revisions to the California Online Privacy Protection Act (“CalOPPA”). CalOPPA requires an operator of a website or online service that collects personally identifiable information from...

 

HTMLCalifornia Appellate Court Holds That General Ideas Are Protectable Trade Secrets
Jonathan A. Loeb, Christopher A. Raftery; Bingham McCutchen LLP;
Legal Alert/Article
June 4, 2014, previously published on May 22, 2014
A recent California Court of Appeal decision broadly interprets trade secret protections to encompass general concepts and ideas. In Altavion, Inc. v. Konica Minolta Systems Laboratory Inc., Case Nos. A134343, A135831, 2014 WL 1846104 (Cal. Ct. App. May 8, 2014) (“Altavion”), the Court...

 


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