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HTMLUS FCC Enforcement Action Represents Unprecedented Expansion of the Agency’s Authority Over Data Security
Lei Shen, Howard W. Waltzman; Mayer Brown LLP;
Legal Alert/Article
November 14, 2014, previously published on October 28, 2014
The US Federal Communications Commission (FCC) is asserting unprecedented authority to regulate data security matters with its recent action against two telecommunications carriers for failing to protect customers’ personal information from unauthorized disclosure. The FCC issued a Notice of...

 

HTML“Separate Entity” Rule Alive and Well in New York
James Ancone, Mark G. Hanchet, Christopher J. Houpt, Alex C. Lakatos; Mayer Brown LLP;
Legal Alert/Article
November 14, 2014, previously published on October 28, 2014
In 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...

 

HTMLUS Loses WTO Battle Over Country-of-Origin Labeling Requirements for Meat Products
Duane W. Layton, Kelsey M. Rule, Paulette Vander Schueren; Mayer Brown LLP;
Legal Alert/Article
October 28, 2014, previously published on October 23, 2014
A World Trade Organization (“WTO”) panel has ruled that the United States’ amended country-of-origin labeling (“COOL”) requirements for beef and pork products not only fell short of bringing it into compliance with prior rulings but, in fact, worsened the United...

 

HTMLUS SEC Brings First Enforcement Action For Market Manipulation Through High-Frequency Trading
J. Gregory Deis, Kathleen M. Przywara, Jerome J. Roche, Matthew A. Rossi; Mayer Brown LLP;
Legal Alert/Article
October 28, 2014, previously published on October 23, 2014
Providing another reminder of the US federal government’s ongoing scrutiny of high-frequency trading (“HFT”) firms and manipulative trading practices involving HFT, the Securities and Exchange Commission recently settled its first market-manipulation case against a HFT firm under...

 

HTMLUS 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;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
A 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...

 

HTMLUS Supreme Court Grants Certiorari in Tibble v. Edison Int’l
Brian D. Netter, Nancy G. Ross; Mayer Brown LLP;
Legal Alert/Article
October 9, 2014, previously published on October 3, 2014
The Employee Retirement Income Security Act (ERISA) permits plan participants to challenge the prudence of actions by plan fiduciaries as long as they do so within six years. On October 2, 2014, the Supreme Court granted certiorari in Tibble v. Edison Int’l, No. 13-550, to decide whether plan...

 

HTMLUS Supreme Court Grants Certiorari in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.
Miriam R. Nemetz; Mayer Brown LLP;
Legal Alert/Article
October 9, 2014, previously published on October 3, 2014
Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer to discharge or refuse to hire an individual because of the individual’s religious observance or practice unless the employer demonstrates that it is unable to accommodate the practice without...

 

Adobe PDF“Inc.” No Longer a Safe Shield - Federal Circuit Greatly Expands Officer/Shareholder Liability Resulting from US Customs Violations
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
On September 16, 2014, an en banc panel of the US Court of Appeals for the Federal Circuit (the “En Banc Panel”) issued a far-reaching decision, Trek Leather III, greatly expanding corporate shareholders’ and officers’ potential liability for customs violations. It reversed...

 

HTMLSEC Preparing New Asset Management Industry Rules That Will Increase Reporting Requirements, Require Stress Tests, and Limit Derivatives Investments
Leslie S. Cruz, Stephanie M. Monaco, Amy Ward Pershkow; Mayer Brown LLP;
Legal Alert/Article
September 19, 2014, previously published on September 15, 2014
The Wall Street Journal (the “Journal”) has reported that the US Securities and Exchange Commission (“SEC”) is drafting proposed rules for the asset management industry that are designed to address the perceived risks posed by the industry to the financial system. These...

 

HTMLWTO Panel Rules Against Argentina Regarding Certain Measures Affecting the Importation of Goods
Duane W. Layton, Jeffery C. Lowe, Paulette Vander Schueren; Mayer Brown LLP;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
On August 22, 2014, a World Trade Organization (WTO) dispute settlement panel circulated its decision in Argentina - Measures Affecting the Importation of Goods (WT/DS438/R, WT/DS444/R, WT/DS445/R). The United States, the European Union and Japan (the complainants) challenged two separate, broadly...

 


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