Day Pitney LLP Document Search Results (96)
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|SEC and CFTC Mandate Strict Identity Theft Prevention Compliance|
James E. "Jim" Bowers; Day Pitney LLP;
April 16, 2013, previously published on April 15, 2013On April 10, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) (together, the Commissions) jointly adopted rules and guidelines that require certain entities subject to their enforcement authorities to develop compliance programs to protect investors...
|Increased SEC Focus on Broker-Dealer Registration Issues for Private Fund Managers|
R. Scott "Scott" Beach, Julia M. Boyd, Samuel A. Jennings, Greg H. Kahn, Henry Nelson Massey; Day Pitney LLP;
April 15, 2013, previously published on April 12, 2013The Securities and Exchange Commission (SEC) is cracking down on private fund managers for not using registered broker-dealers for fundraising. At the same time, recent public comments by the SEC staff indicate that certain activities of private fund managers may require that they become registered...
|Third Circuit Holds Complaint Allegations Are Not Binding Judicial Admissions If Nullified By Amendment|
Lisa M. Gonzalo, Elizabeth J. Sher; Day Pitney LLP;
April 12, 2013, previously published on April 9, 2013On April 4, the Court of Appeals for the Third Circuit, which includes New Jersey, clarified the law on how an amended pleading affects judicial admissions made in an original pleading. Judicial admissions are formal concessions that are binding on a party that makes them in a judicial proceeding....
|SEC Issues New Regulation FD Guidance on Social Media Use|
Warren J. Casey, Achilles B. Kintiroglou, Meghan McSkimming; Day Pitney LLP;
April 9, 2013, previously published on April 8, 2013On April 2, the Securities and Exchange Commission issued a Report of Investigation to clarify that a public company may disclose material information via social media outlets such as Facebook and Twitter. However, to comply with Regulation FD the company must first fully inform investors about...
|Gov. Christie Signs Legislation Amending NJ Business Corporation Act|
Ronald H. Janis, Michael T. Rave; Day Pitney LLP;
April 9, 2013, previously published on April 5, 2013On April 1, Gov. Chris Christie signed legislation amending the New Jersey Business Corporation Act. The legislation was drafted by the New Jersey Corporate and Business Law Study Commission.  As discussed in more detail below, certain New Jersey corporations must take action by June 30 if they...
|New York Amazon Tax Decision|
Jaime Bachrach, Michael James Guerriero, Erick M. Sandler; Day Pitney LLP;
April 9, 2013, previously published on April 4, 2013A constitutional challenge to a sales tax on Internet purchases brought by Amazon.com and Overstock.com recently fell short in New York's highest court. On March 28, the Court of Appeals of New York in Overstock.com, Inc. v. N.Y. Department of Taxation and Finance  upheld the constitutionality...
|IRS Compliance Sale: The Time to Correct §403(b) Plan Document Failures Is Now!|
Liza J. Hecht, Kathy A. Lawler; Day Pitney LLP;
April 4, 2013, previously published on April 1, 2013The updated Employee Plans Compliance Resolution System (EPCRS) went into effect April 1. (See January 4, 2013, Day Pitney alert describing this update.)
|USCIS Issues New Form I-9 for Employer Use|
Elise S. Berman, Francine Esposito, Daniel L. Schwartz; Day Pitney LLP;
March 14, 2013, previously published on March 12, 2013On March 8, United States Citizenship and Immigration Services (USCIS) issued a revised Form I-9, Employment Eligibility Verification, for immediate use by employers.
|SEC Finds Fault with Adviser Custody Practices|
Day Pitney LLP;
March 13, 2013, previously published on March 8, 2013On March 4, the Office of Compliance Inspections and Examinations of the U.S. Securities and Exchange Commission ("SEC") issued a Risk Alert on investment adviser custody and related matters. The Risk Alert identifies particular custody-related deficiencies and warns investment advisers...
|Proxy Season Update|
Day Pitney LLP;
March 7, 2013, previously published on February 28, 2013As the 2013 proxy season comes into full swing, a review of the fundamental principles governing a company's disclosure obligations is warranted, as is a consideration of how complaints are exposing novel theories of potential exposure for public companies. A relatively new weapon in the arsenal of...