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HTMLNew Guidance on Customer Identification in Prepaid and Other Card Programs
David F. Adler, Lisa M. Ledbetter, Ralph F. (Chip) MacDonald, Heith D. Rodman, Albert J. (Al) Rota; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
The U.S. federal banking regulators and the Financial Crimes Enforcement Network ("FinCEN") recently released guidance (the "Guidance") clarifying the applicability of the "know-your-customer" or "customer identification program" regulations (the...


HTMLEnergy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the...


HTMLSupreme Court Rules Class-Action Wage-and-Hour Plaintiffs Can Rely on Statistical Analysis to Calculate Average Uncompensated Work Time
Brian M. Jorgensen, Nora C. Tillmanns, James S. Urban; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The United States Supreme Court resolved a circuit split by holding that class-action wage-and-hour plaintiffs may rely on statistical analysis to calculate average uncompensated work time as a means of establishing liability and damages. In its March 22, 2016 decision in Tyson Foods, Inc. v....


HTMLCybersecurity's Moment and What it Means for Financial Services
Lisa M. Ledbetter, Todd S. McClelland, Mauricio F. Paez, Albert J. Rota, C. Hunter Wiggins; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The recent announcement of President Barack Obama's Cybersecurity National Action Plan, with programs aimed at improving the security of public and private data,[1] is a reminder that cybersecurity—including identifying, defending against, recovering from, and notifying others about cyber...


HTMLIndividuals in the Cross Hairs? What This Means for Directors
John T. Sullivan, David Ronald Woodcock; Jones Day;
Legal Alert/Article
April 5, 2016, previously published on March 2016
Following the 2008 financial crisis, government regulators and prosecutors have been under tremendous public pressure to prosecute individuals.[1]Senior government officials have responded by speaking forcefully about their desires to sue or prosecute more individuals.[2] What does the government's...


Adobe PDFSEC Enforcement in Financial Reporting and Disclosures—2015 Update
Shawn Cleveland, Henry Klehm, Joan E. McKown, David Ronald Woodcock; Jones Day;
Legal Alert/Article
March 3, 2016, previously published on February 2016
We are pleased to offer our clients and friends this update on financial reporting and issuer disclosure enforcement activity in 2015. It will focus principally on the Securities and Exchange Commission ("SEC") but will include other developments outside the SEC where we deem relevant. We...


HTMLDepartment of Labor Attempts to Take Broad View of Joint Employment Status
Alan E. Colley, Craig S. Friedman, Michael J. Gray, Brian M. Jorgensen; Jones Day;
Legal Alert/Article
February 9, 2016, previously published on January 28, 2016
On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division issued Administrator’s Interpretation No. 2016-1, which the agency describes as guidance for employers on joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...


HTMLFifth Circuit Upholds Verdict Against Steel Manufacturer in Steel Distributors' Per Se Illegal Group Boycott
Joseph M. Cardosi, Joshua L. Fuchs, Thomas R. Jackson, J. Bruce McDonald; Jones Day;
Legal Alert/Article
January 4, 2016, previously published on December 2015
The Fifth Circuit Court of Appeals upheld a $156 million jury verdict against a U.S. Gulf Coast steel manufacturer accused of conspiring with distributors to "boycott" a new distributor by denying it access to steel. Even though the steel manufacturer was responding to pressure from...


HTMLImportant New Principles Emerge from UK's First-Ever Deferred Prosecution Agreement and US DOJ Declination
Adam R. Brown, Samir Kaushik, Glyn Powell, Sion Richards, Hank Bond Walther; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
The UK's first-ever deferred prosecution agreement ("DPA") was concluded on 30 November 2015. This unprecedented resolution on which Jones Day acted and which also saw the first use of section 7 of the UK Bribery Act—failure to prevent bribery by employees or associated...


HTMLAgreement Reached on the European Reform of Data Protection
Paloma Bru, Dionna J.A. Little, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
After almost four years of heated debate, the EU Parliament, Council, and Commission have reached an agreement on the final form of the General Data Protection Regulation ("GDPR"), the most comprehensive reform of data protection law ever envisaged in the EU's history. It is not an...


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