Document(s) published by this organization: 49
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|When is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term|
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
November 25, 2013, previously published on November 22, 2013A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...
|New York Department of Financial Services Takes Next Step toward Regulation of Bitcoin|
Ravi R. Desai, Erich M. Hellmold, Michael A. Mancusi, Kevin M. Toomey; Kilpatrick Townsend & Stockton LLP;
November 20, 2013, previously published on November 15, 2013 On November 14, 2013, the New York Department of Financial Services (“NYDFS”) issued a Notice of Intent (“Notice”) to hold a hearing on Bitcoin and other virtual currencies in their continued effort to establish the appropriate regulatory guidelines and standards for this...
|OCC Guidance Details Expectations and Oversight of Independent Consultants for Enforcement Actions Involving Significant Violations of Law, Fraud, or Harm to Consumers|
Ravi R. Desai, Michael A. Mancusi, Kevin M. Toomey; Kilpatrick Townsend & Stockton LLP;
November 19, 2013, previously published on November 15, 2013 On November 12, 2013, the Office of the Comptroller of the Currency (“OCC”) issued OCC Bulletin 2013-33, which provides guidance and establishes standards that the OCC will use when requiring banks to employ independent consultants in connection with enforcement actions. The bulletin...
|CFPB Trial Disclosure Program Creates Safe Harbor for Participating Companies and Financial Institutions|
Michael A. Mancusi, Kevin M. Toomey; Kilpatrick Townsend & Stockton LLP;
November 5, 2013, previously published on October 31, 2013On October 29, 2013, the Consumer Financial Protection Bureau (“CFPB”) published in the Federal Register its Policy to Encourage Trial Disclosure Programs (“Policy”). Section 1032(e) of the Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”)...
|Pinterest Revises Contest Policy|
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
November 5, 2013, previously published on October 31, 2013Following on the heels of Facebook’s recent changes to its promotions’ guidelines, Pinterest has also revised its Acceptable Use Policy last week to include updated contest guidelines. Unlike Facebook’s revised guidelines, which relaxed limitations on Facebook contests,...
|SEC Finally Proposes Crowdfunding Rules|
W. Benjamin Barkley, Kelsey P. Donnalley, David M. Eaton, Aaron M. Kaslow, David A. Stockton; Kilpatrick Townsend & Stockton LLP;
October 28, 2013, previously published on October 25, 2013On Wednesday, October 23, the SEC, at long last, formally proposed rules which would allow companies to offer and sell securities through crowdfunding, as contemplated by the JOBS Act. Crowdfunding is an innovative way for small companies and entrepreneurs to solicit investments from a multitude...
|FDIC Re-asserts Prohibition Against Banks Buying Civil Money Penalties Insurance|
Victor L. Cangelosi, David L. Cox, Erica J. Dominitz, Christina M. Gattuso; Kilpatrick Townsend & Stockton LLP;
October 16, 2013, previously published on October 15, 2013On October 10, 2013, the FDIC provided guidance via Financial Institution Letter FIL-47-2013 to all FDIC-supervised banks regarding directors & officers (“D&O”) liability insurance. In that letter, the FDIC has re-asserted its position that FDIC regulations under 12 C.F.R. Part 359...
|Mitigating Fair Lending Risk|
Christina M. Gattuso, Erich M. Hellmold, Michael A. Mancusi; Kilpatrick Townsend & Stockton LLP;
October 8, 2013, previously published on October 7, 2013Fair lending, particularly the manner in which regulators interpret “disparate impact,” is a significant compliance issue for financial institutions and has recently been a major enforcement priority of federal agencies. The U.S. Department of Justice (“DOJ”) has commenced a...
|SEC Proposes Rule for Pay Ratio Disclosure|
Kilpatrick Townsend Stockton LLP;
October 7, 2013, previously published on October 4, 2013On September 18, 2013, the Securities and Exchange Commission (the “SEC”) published a proposed rule that would implement Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act by amending Item 402 of Regulation S-K to require a public company to disclose the...