Mayer Brown LLP New York, NY Document Search Results (40)
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|Has the New Patent Act Created a Mechanism for Investment Firms to Dramatically Alter the Value of Their Investments?|
Michael Martinez, Brian W. Nolan; Mayer Brown LLP;
March 26, 2015, previously published on March 25, 2015The America Invents Act of 2011 (AIA) created procedural vehicles for new market participants, such as investment firms, to challenge patents. These procedural vehicles include inter partes review (“IPR”) and post-grant review (“PGR”). Recent use of these procedures by...
|U.S. Commodity Futures Trading Commission Issues No-Action Letter Relating to Insurance-Linked Securities|
Richard K. Pan, Stephen G. Rooney, Richard B. Spitzer; Mayer Brown LLP;
March 18, 2015, previously published on December 31, 2014On December 18, 2014, the U.S. Commodity Futures Trading Commission (CFTC) issued a no-action letter (CFTC Letter 14-152) providing relief from commodity pool operator (CPO) registration for operators of certain insurancelinked securities (ILS) issuers.
|United 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;
February 27, 2015, previously published on December 11, 2014In 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...
|New 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;
February 26, 2015, previously published on December 11, 2014On 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...
|US 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;
February 26, 2015, previously published on December 15, 2014On 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...
|US Second Circuit Eases Banks’ Garnishment Burdens in Recent TRIA and FSIA Decisions|
Mark G. Hanchet, Christopher J. Houpt; Mayer Brown LLP;
February 26, 2015, previously published on November 14, 2014In recent years, banks have found themselves named as parties in their capacities as garnishees in enforcement litigation brought by judgment creditors of governments or entities that have been designated as terrorist parties. Two decisions from the US Court of Appeals for the Second Circuit spell...
|The ISDA Resolution Stay Protocol|
Joshua Cohn, Curtis A. Doty, Walker Scheile; Mayer Brown LLP;
February 4, 2015, previously published on November 25, 2014On November 12, 2014, the International Swaps and Derivatives Association (“ISDA”) announced that the ISDA 2014 Resolution Stay Protocol (“Protocol”) became open for adherence. More than one-hundred institutions adhered to the Protocol on the launch date, including 18 major...
|“Separate Entity” Rule Alive and Well in New York|
James Ancone, Mark G. Hanchet, Christopher J. Houpt, Alex C. Lakatos; Mayer Brown LLP;
November 14, 2014, previously published on October 28, 2014In a much anticipated decision, New York’s highest court, the Court of Appeals, confirmed on October 23, 2014, that the so-called “separate entity” rule continues to exist as a vibrant doctrine in the State of New York. Under the separate entity rule, a bank’s branches in...
|US Department of Justice Brings Its First Criminal Prosecution for Spoofing of Commodities Markets|
Matthew Bisanz, Marcus A. Christian, Mark G. Hanchet, Alex C. Lakatos, Richard M. Rosenfeld; Mayer Brown LLP;
October 17, 2014, previously published on October 14, 2014A Chicago federal grand jury has indicted Michael Coscia, formerly a registered floor trader and sole owner of Panther Energy Trading LLC, for allegedly violating the anti-spoofing provision of the Commodity Exchange Act (“CEA”) and committing commodities fraud. The prosecution is the...
|IRS Same-Sex Marriage Guidance May Require Adoption of Plan Amendments|
Rebecca C. Davenport, Maureen J. Gorman, Debra B. Hoffman, Cecilia A. Roth; Mayer Brown LLP;
October 17, 2014, previously published on October 14, 2014Tax-qualified US retirement plans may need to be amended by December 31, 2014 in order to comply with requirements imposed by the Internal Revenue Service (IRS) regarding the treatment of individuals in same-sex marriages following the US Supreme Court’s decision in United States v. Windsor.