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HTMLUS Department of Justice Announces New Policy to Record Statements
Kelly B. Kramer, Lori E. Lightfoot, Michael Martinez, William Michael, Lee H. Rubin; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 29, 2014
The US Department of Justice (“DOJ”) has announced a new policy with respect to the electronic recording of statements made by individuals in custodial situations prior to a person’s initial appearance before a judicial officer. Beginning July 11, 2014, there will be a...

 

HTMLFERC Proposes to Streamline Open-Access Requirements and Protect Developer Priority Rights for US Generator Tie Lines
David I. Bloom, J. Paul Forrester, Brantley Webb; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 28, 2014
The US Federal Energy Regulatory Commission (FERC) has issued a Notice of Proposed Rulemaking in which it has proposed waiving the Open Access Transmission Tariff (OATT) and associated requirements for public utilities that own, operate or control Interconnection Customer’s Interconnection...

 

HTMLEleventh Circuit Is First US Appeals Court to Define “Instrumentality” of a Foreign Government Under the Foreign Corrupt Practices Act
Vincent J. Connelly, J. Gregory Deis, Kelly B. Kramer, William Michael, Laurence Urgenson; Mayer Brown LLP;
Legal Alert/Article
May 23, 2014, previously published on May 19, 2014
The US Court of Appeals for the Eleventh Circuit has provided useful guidance on the meaning of the term “instrumentality” as used in the Foreign Corrupt Practices Act (“FCPA”). In a landmark decision released on May 16, the court established the criteria for when companies...

 

HTMLProposed Regulations Provide REITs a Framework for Solar Energy Property
Jeffrey G. Davis; Mayer Brown LLP;
Legal Alert/Article
May 16, 2014, previously published on May 14, 2014
On May 9, 2014, the US Internal Revenue Service (the “Service”) issued proposed regulations (the “Proposed Regulations”) that clarify the definition of real property for purposes of the real estate investment trust (“REIT”) provisions under Section 856. As...

 

Adobe PDFIncreased Public and Private Scrutiny of High-Frequency Trading
Joseph De Simone, Jerome J. Roche, Matthew Rossi; Mayer Brown LLP;
Legal Alert/Article
May 16, 2014, previously published on May 14, 2014
Following the publication of Michael Lewis’ new book, Flash Boys: A Wall Street Revolt (“Flash Boys”), plaintiffs’ lawyers and US government regulators have increasingly focused their attention on financial institutions participating in high-frequency trading...

 

HTMLManufacturer Pays $4.3M to Settle Customs-related FCA Suit
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
Legal Alert/Article
April 29, 2014, previously published on April 25, 2014
On April 21, 2014, it was announced that Otter Products LLC (operating as “OtterBox”) has paid $4.3 million to settle a whistle-blower suit alleging that its import practice violated the False Claims Act (“FCA”) and the Tariff Act of 1930. OtterBox is a US company that...

 

HTMLSixth Circuit Slams the Door on Unreliable, Result-Oriented Expert Testimony in Disparate-Impact Case
Miriam R. Nemetz, Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
Plaintiffs increasingly rely on questionable expert testimony to fill gaps in their proof, trusting that the imprimatur of an expert will overcome otherwise insuperable deficiencies in their cases. In employment cases, where dubious expert testimony frequently is offered to show disparate impact or...

 

HTMLFTC Authority to Bring Enforcement Actions Over Data-Security Standards Upheld
Stephen Lilley, Archis A. Parasharami, Lei Shen, Evan M. Wooten; Mayer Brown LLP;
Legal Alert/Article
April 21, 2014, previously published on April 18, 2014
In a recent decision, a federal judge concluded that the Federal Trade Commission (FTC) has the power to regulate data security and thus rejected a company’s challenge to the FTC’s authority. If the decision stands, the FTC is likely to continue its scrutiny of businesses’...

 

HTMLFTC Requires Companies to Honor Privacy Policies of Acquired Companies
Joseph P. Minta, Howard W. Waltzman; Mayer Brown LLP;
Legal Alert/Article
April 16, 2014, previously published on April 11, 2014
The US Federal Trade Commission (“FTC”) has a significant history of using its Section 5 authority to enforce promises that companies make to consumers in privacy policies. When one company acquires another, however, the companies’ existing privacy policies may be inconsistent. On...

 

HTMLRevisions to WTO Agreement on Government Procurement Enter into Force
Timothy J. Keeler, Marcia G. Madsen, Kelsey M. Rule; Mayer Brown LLP;
Legal Alert/Article
April 11, 2014, previously published on April 9, 2014
The revised World Trade Organization (WTO) Agreement on Government Procurement (GPA) entered into force on April 6, 2014. The overarching principles of the GPA continue to be nondiscrimination and transparency, and many of the Agreement’s procedures and requirements closely resemble those...

 


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