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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...

 

HTMLUS Banking Regulators Adopt Final Rule to Impose Liquidity Coverage Ratio on Large US Banking Institutions
Scott A. Anenberg, J. Paul Forrester, Carol A. Hitselberger; Mayer Brown LLP;
Legal Alert/Article
September 9, 2014, previously published on September 5, 2014
The Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC—and, together with the FRB and FDIC, Agencies), have each adopted a final rule (the Final Rule) to impose a quantitative...

 

Adobe PDFAdministrative and Legislative Options to Address US Corporate Inversions
David M. McIntosh, Anthony "Toby" Moffett; Mayer Brown LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
The topic of tax incentives for US corporations seeking to “invert” and become a subsidiary of a foreign corporation is receiving heightened attention in Congress and federal agencies.

 

HTMLPresumption Against Extraterritoriality in Morrison v. National Australia Bank Extended to Private Party Whistleblower Retaliation Cases
Matthew Bisanz, Marcus Christian, Mark G. Hanchet, Alex C. Lakatos, Richard M. Rosenfeld; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
The US Court of Appeals for the Second Circuit has ruled that the presumption against extraterritoriality applies to private party actions under Section 21(h) of the Securities Exchange Act of 1934 (“Exchange Act”). The Second Circuit’s August 14, 2014 decision in Liu v. Siemens...

 

HTMLGetting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...

 


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