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HTMLStrategies for the Preservation and Production of Audio Recordings
Robert E. Entwisle, Ethan A. Hastert, Kim A. Leffert; Mayer Brown LLP;
Legal Alert/Article
May 4, 2015, previously published on April 30, 2015
A large financial institution that is a major participant in the swaps market instituted an audio data retention policy to conform with newly enacted regulatory requirements which required swaps dealers to keep a record, for one year, of all oral communications concerning quotes, solicitations,...

 

HTMLNinth Circuit: No-Rehire Clause in Settlement Agreements May Be Unlawful Restraint of Trade
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
May 4, 2015, previously published on April 29, 2015
Decision: In Golden v. California Emergency Physicians Medical Group, the Ninth Circuit Court of Appeals held that a no-rehire clause in a settlement agreement violated California’s broad prohibition on restrictive covenants (Business & Professions Code section 16600). In Golden, an...

 

HTMLProposed US Treasury Regulations Attempt to Distinguish “Active” Insurance Companies from Hedge Funds
James R. Barry, Jason S. Bazar, George W. Craven, Mark H. Leeds; Mayer Brown LLP;
Legal Alert/Article
May 4, 2015, previously published on April 27, 2015
Offshore insurance companies can provide substantial tax benefits to their owner-insureds through current deductions for the insurance premium and, if properly structured, deferral on reserve investments. In 2003, the Internal Revenue Service (the IRS) warned that it would scrutinize...

 

HTMLAccountants, Not Clients, Hold Privilege Governing Confidentiality of Records under Illinois Public Accounting Act
Dana S. Douglas, Alexandra L. Newman, Stanley J. Parzen; Mayer Brown LLP;
Legal Alert/Article
April 30, 2015, previously published on April 2, 2015
The Illinois Supreme Court has issued a decision of great import to all individuals and businesses that provide confidential information to their certified public accountants (CPAs). The Court has resolved the previously open question of whether the CPA or the client who provided confidential...

 

HTMLProposed US Legislation Could Significantly Impact Trade-Exposed Sectors
Timothy J. Keeper, Warren S. Payne; Mayer Brown LLP;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
We expect that Congressional leaders will introduce bipartisan trade promotion legislation as early as today. While this legislation does not have commercial ramifications, its successful enactment into law will enable the completion and implementation of certain international trade agreements that...

 

Adobe PDFNAIC Adopts Guidance on Acquisition of Control of US Insurers
David W. Alberts, Lawrence R. Hamilton, James R. Woods, Nicole Zayac; Mayer Brown LLP;
Legal Alert/Article
April 28, 2015, previously published on April 23, 2015
Any person or company that wishes to acquire control of a US insurer is required to file an acquisition statement called a “Form A” with the insurance regulatory authority in the state where the target insurer is legally domiciled (and, in some cases, in states where the target is...

 

Adobe PDFLegal Developments in Construction Law
Mayer Brown LLP;
Legal Alert/Article
April 28, 2015, previously published on March 2015
When a dispute arose between parties who had dealt with each other for years, the first key issue was to determine the contract terms. The purchase order had terms on the back but did not appear to refer to them on the front and, when the buyer placed orders by email or fax, it did not send a copy...

 

HTMLUS Securities and Exchange Commission Announces First Whistleblower Protection Case Involving Restrictive Language in Confidentiality Agreements
Dana S. Douglas, Marcia E. Goodman, Matthew A. Rossi, Gina T. Saviola; Mayer Brown LLP;
Legal Alert/Article
April 16, 2015, previously published on April 6, 2015
The US Securities and Exchange Commission (SEC or Commission) has announced its first enforcement action against a company for using restrictive language in confidentiality agreements, resulting in a Cease and Desist Order by consent that removed language that the SEC asserted could stifle the...

 

Adobe PDFThree Things US Audit Committee Members Should Consider in 2015
David S. Bakst, Jason S. Bazar, John P. Berkery, Edward S. Best, Jennifer J. Carlson; Mayer Brown LLP;
Legal Alert/Article
April 14, 2015, previously published on January 23, 2015
Audit Committees are facing increased demands from many quarters heading into 2015, which expand their responsibilities, expose them to greater regulatory scrutiny and potential liabilities, and provide the basis for proxy and shareholder activists to oppose the re-election of Audit Committee...

 

HTMLElectronic Discovery & Information Governance - Tip of the Month: Proposed Federal Discovery Rules: Effect on Big Data and Social Media Discovery
Michael D. Battaglia, Eric B. Evans, Kim A. Leffert, Anne M. Selin; Mayer Brown LLP;
Legal Alert/Article
April 14, 2015, previously published on March 31, 2015
Plaintiffs have filed a complex class action case against a global multimedia conglomerate, alleging widespread employment discrimination that resulted in suppressed wages. Discovery has just begun, and plaintiffs have asked for all of the defendant’s pay and human resources data that reside...

 


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