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HTMLFOREX Pricing Fraud Suit Against BNY Mellon Advances
Lieff Cabraser Heimann Bernstein LLP;
Legal Alert/Article
February 17, 2012, previously published on February 14, 2012
U.S. District Court Judge William Alsup denied in total the motion by The Bank of New York Mellon Corporation and other defendants (collectively, "BNY Mellon") to dismiss a nationwide class complaint brought by the International Union of Operating Engineers, Stationary Engineers Local 39...

 

HTMLState Securities Regulator Temporarily Enjoined From Pursuing Restitution On Behalf Of Citizens Subject To Class Action Settlement
Michael D. Blanchard, Jennifer M. Sepic, Jeffrey M. Tebbs; Bingham McCutchen LLP;
Legal Alert/Article
February 16, 2012, previously published on February 15, 2012
The district court for the Northern District of Texas, presiding over a securities class action settlement involving Securities America, Inc. (“SAI”), entered a temporary restraining order on Feb. 13, 2012, enjoining the Montana Commissioner of Securities and Insurance from seeking...

 

HTMLDue Process Concerns Sinks Overtime Class Action against Employer, California Court Rules
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article
February 16, 2012, previously published on February 15, 2012
Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due...

 

Adobe PDFUnited States Freezes Government of Iran Assets; Chart Summarizing Recent U.S. Sanctions on Iran
Thomas E. Crocker; Alston & Bird LLP;
Legal Alert/Article
February 16, 2012, previously published on February 15, 2012
Effective February 6, 2012, the Obama Administration issued Executive Order No. 13599 (“E.O. 13599”), which requires United States persons to block all property and property interests of the government of Iran and all Iranian financial institutions (including, specifically, the Central...

 

Adobe PDFReporting Requirements for Foreign Financial Accounts: FinCEN Releases Notice Extending Deadline to June 30, 2013 for Certain Signature Authority Filers
Sullivan Cromwell LLP;
Legal Alert/Article
February 16, 2012, previously published on February 14, 2012
The Financial Crimes Enforcement Network of the Department of the Treasury (“FinCEN”) today released Notice 2012-1 (the “Notice”), extending the deadline for filing a Report of Foreign Bank and Financial Accounts (an “FBAR”) to June 30, 2013 for certain...

 

Adobe PDFThe Consumer Financial Protection Bureau Completes Its First Six Months — But Questions About Its Future Remain
Stephen A. Fogdall; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
February 16, 2012, previously published on February 2012
On January 31, 2012, the Consumer Financial Protection Bureau (“CFPB”) released its first Semi-Annual Report, marking the completion of its first six months of existence. The release of the report coincided with the appearance of the CFPB Director, Richard Cordray, before the Senate...

 

Adobe PDFBank Mergers & Acquisitions: Federal Reserve Board’s Approval of Capital One's Acquisition of ING Direct Discusses Financial Stability Factor
Sullivan Cromwell LLP;
Legal Alert/Article
February 16, 2012, previously published on February 15, 2012
Late yesterday, the Federal Reserve Board ("FRB") issued an Order (the "Capital One Order") approving the acquisition of ING Bank, fsb ("ING FSB") by Capital One Financial Corporation ("Capital One"). ING FSB is a leading internet-based depository institution...

 

Adobe PDFSecured Creditors Beware: Crown GST/HST Garnishment May Trump Your Security Interest in an Account Receivable
Roger Jaipargas, Sam Rappos; Borden Ladner Gervais LLP;
Legal Alert/Article
February 15, 2012, previously published on February 2012
In the recent decision of the Supreme Court of Canada in Toronto-Dominion Bank and Her Majesty the Queen (2012 SCC 1), the Supreme Court succinctly agreed with the reasons of Justice Noël of the Federal Court of Appeal. Justice Noël, writing on behalf of a unanimous Court, held that, upon...

 

HTMLHighlights of Proposed Regulations Issued Under FATCA and Multijurisdiction Plan for Information Sharing
Jared Binstock, Jody J. Brewster, Roseann M. Cutrone, Pamela Lawrence Endreny, Edward E. Gonzalez, Yvonne L. Lee, Megan E. Wernke; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
February 15, 2012, previously published on February 15, 2012
On February 8, 2012, Treasury and the IRS issued comprehensive proposed regulations (Proposed Regulations) that would, when finalized, implement the Foreign Account Tax Compliance Act (FATCA), which was enacted in March 2010. Notably, the Proposed Regulations delay the implementation of several...

 

HTMLPrice Signalling To Be Prohibited In the Banking Sector
Nick McHugh, Belinda Webster; Norton Rose Canada LLP;
Legal Alert/Article
February 15, 2012, previously published on February 2012
The prohibition against price signalling has now passed both houses of parliament and will come into force on 6 June 2012. As reported by Norton Rose Australia in December 2010, the amendments to the Competition and Consumer Act 2010 (CCA) seek to address perceived concerns that the law as it stood...

 


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