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HTMLUS Securities and Exchange Commission Proposes Hedging Disclosure Rules
Robert E. Curley, Michael L. Hermsen, Laura D. Richman; Mayer Brown LLP;
Legal Alert/Article
March 5, 2015, previously published on February 20, 2015
On February 9, 2015, the US Securities and Exchange Commission (SEC) proposed rules requiring disclosure of hedging by employees, officers and directors.1 This rulemaking is directed by Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Comments are due by April 20, 2015.

 

HTMLWhat ERISA Plan Fiduciaries Can Learn From Tibble v. Edison International
Reginald R. Goeke, Brian D. Netter, Nancy G. Ross; Mayer Brown LLP;
Legal Alert/Article
March 5, 2015, previously published on February 26, 2015
On February 24, the US Supreme Court heard arguments in an ERISA case challenging the prudence of certain investment options included within a 401(k) lineup. Although a decision is not expected until spring, certain risk avoidance lessons for plan sponsors and fiduciaries follow from the...

 

HTMLElectronic Discovery & Information Governance - Tip of the Month: Enforcement Actions and the Use of Data Analytics
Mayer Brown LLP;
Legal Alert/Article
March 5, 2015, previously published on February 26, 2015
The US Securities and Exchange Commission (SEC) is investigating a global investment bank for alleged compliance violations. Although the bank hasexperience with responding to regulators, this particular SEC request is more targeted than those the bank has received in the past, demanding specific...

 

Adobe PDFRevisions to Basel Securitisation Framework—Final Rules
J. Paul Forrester, Kevin Hawken, Carol A. Hitselberger, Jason H. P. Kravitt, Stuart M. Litwin; Mayer Brown LLP;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
On 11 December 2014, the Basel Committee on Banking Supervision (BCBS) published a final Basel III Document (BCBS d303) on changes to the international model rules for banks’ calculation of credit risk capital requirements for exposures to securitisation transactions (Revised Framework). The...

 

Adobe PDFUnited States Court of Appeals for Second Circuit Holds that Section 546(e) Safe Harbor Protects from Avoidance Transfers of Fictitious Profits in Connection with Madoff Ponzi Scheme
Joel Moss, Brian Trust, Richard G. Ziegler; Mayer Brown LLP;
Legal Alert/Article
February 27, 2015, previously published on December 11, 2014
In In re Bernard L. Madoff Investment Securities LLC (“Madoff”), the United States Court of Appeals for the Second Circuit reaffirmed its broad and literal interpretation of section 546(e) of the Bankruptcy Code, which provides a safe harbor for transfers made in connection with a...

 

Adobe PDFLegal Developments in Construction Law
Mayer Brown LLP;
Legal Alert/Article
February 27, 2015, previously published on December 2014
The RICS form for requesting nomination of a construction adjudicator asks for names of adjudicators who would have a conf lict of interest. In the response to this question a subcontractor’s representative listed a number of adjudicators that he did not want appointed, but none had a conf...

 

HTMLIt’s the Most Wonderful Time of the Year: Making Gifts to Loved Ones
Barbara R. Grayson, Megan M. Okun; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 11, 2014
For people in the United States, the holiday season is often a time for making substantial gifts to family members and other loved ones. Larger gifts can be made using the federal Gift Tax Exemption and Generation-Skipping Transfer (“GST”) Tax Exemption. However, annual exclusion gifts...

 

HTMLNew York Department of Financial Services Cyber Security Examination
Rebecca S. Eisner, Lawrence R. Hamilton, Alex C. Lakatos, A. John P. Mancini, James R. Woods; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 11, 2014
On December 10, 2014, the New York Department of Financial Services (NYDFS) issued a letter to banking institutions chartered or licensed in New York notifying them of an expansion of the NYDFS information technology examination procedures to focus on cyber security issues as an integral aspect of...

 

HTMLUS Second Circuit Heightens the Standard of Proof Required To Sustain Tipper/Tippee Insider Trading Convictions
Melanie M. Burke, Joseph De Simone, William Michael, Richard M. Rosenfeld, Matthew A. Rossi; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 15, 2014
On December 10, 2014, in United States v. Newman, et al., the US Court of Appeals for the Second Circuit clarified the elements required to establish insider trading in tipper/tippee cases by holding that “in order to sustain a conviction for insider trading, the government must prove beyond...

 

HTMLElectronic Discovery & Information Governance - Tip of the Month: Proposed Amendments to the US Federal Rules of Civil Procedure
Michael D. Battaglia, Eric B. Evans, Michael E. Lackey, Kim A. Leffert, Edmund Sautter; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 31, 2014
On September 16, 2014, the Judicial Conference of the United States approved several proposed amendments to the Federal Rules of Civil Procedure. The revised rules, now pending before the Supreme Court and to be transmitted to Congress, will take effect on December 1, 2015, absent some...

 


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