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|State AGs and Regulators Step Up UDAAP Enforcement|
J.P. McGuire Boyd, Camden R. Webb; Williams Mullen;
February 27, 2015, previously published on February 24, 2015Dodd-Frank created the Consumer Financial Protection Bureau (“CFPB”) and granted that federal agency significant powers to regulate financial institutions. But Dodd-Frank also empowers state regulators to enforce the new law, and many states are taking full advantage of this new power.
|U.S. Federal Trade Commission Increases Merger Notification and Interlocking Directorates Thresholds|
Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor; Jones Day;
February 27, 2015, previously published on January 2015The U.S. Federal Trade Commission has issued the 2015 adjustments to the Hart-Scott-Rodino ("HSR") Act thresholds, which are used to determine when a transaction triggers premerger reporting requirements. The new HSR Act thresholds will take effect on February 20, 2015. The Commission...
|Court Rules That Trademark Licensees Are Protected by Section 365(n) and That Licensees’ Rights Cannot Be Extinguished by Sale Free and Clear Absent Consent|
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
February 26, 2015, previously published on January/February 2015Protections added to the Bankruptcy Code in 1988 that give some intellectual property ("IP") licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a trademark...
|ABI Commission to Study the Reform of Chapter 11 Issues Final Report and Recommendations|
Mark G. Douglas; Jones Day;
February 26, 2015, previously published on January/February 2015After nearly three years of study and 16 public field hearings, a commission established by the American Bankruptcy Institute (the "ABI Commission") to study the reform of chapter 11 of the Bankruptcy Code issued its Final Report and Recommendations on December 8, 2014 (the...
|Four Steps to Effective Performance Management|
D. Albert Brannen; Fisher & Phillips LLP;
February 26, 2015, previously published on February 2, 2015Getting the most out of employees has always challenged employers. It is particularly difficult in today’s highly regulated business environment with increased global competition and changing employee attitudes. Performance management is not just about dealing with the poor performers....
|Second Circuit Rules That Equitable Mootness Applies in Chapter 11 Liquidations as Well as Reorganizations|
Mark G. Douglas, Timothy Hoffmann; Jones Day;
February 26, 2015, previously published on January/February 2015In Beeman v. BGI Creditors' Liquidating Trust (In re BGI, Inc.), 772 F.3d 102 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit considered whether the doctrine of "equitable mootness" applied to the appeal of a confirmation order approving a liquidating chapter 11 plan. In...
|Foreign Bribery Report Issued by OECD|
Abigail M. Bartine, J. Gregory Deis, Michael D. Frisch, William Michael; Mayer Brown LLP;
February 26, 2015, previously published on December 16, 2014The Organisation for Economic Co-operation and Development (OECD) has released its Foreign Bribery Report, which provides a comprehensive analysis of anti-bribery enforcement actions around the world dating from 1999. The report examines enforcement actions taken by all countries that have enacted...
|What’s in Store for 2015 Regarding CFPB Regulations? Answer: enforcement.|
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
February 26, 2015, previously published on January 30, 2015In 2014, the new consumer mortgage rules made by the Consumer Financial Protection Bureau (“CFPB”) took effect. Generally, the CFPB implemented laws to protect consumers from negative actions by mortgage servicers and to provide consumers more transparency in working with servicers and...
|Passage of Small Business Efficiency Act Gives Professional Employer Organizations Federal Certainty|
Ted Nick Kazaglis, Todd Van Dyke; Jackson Lewis P.C.;
February 26, 2015, previously published on December 17, 2014In a historic day for professional employer organizations (“PEO”) and the National Association of Professional Employer Organizations (“NAPEO”), Congress passed the Small Business Efficiency Act (“SBEA”) on December 16, 2014, bringing federal legislative...
|The Bitter and Sweet of the Wal-Mart/Comcast/Halliburton Triumvirate: More Grounds for Defeating Class Certification, But More Exposure to Discovery|
Noah Ryan Litton, Chad A. Readler; Jones Day;
February 26, 2015, previously published on January 2015Corporate litigants are still celebrating recent United States Supreme Court victories by defendants in high-profile class-action cases. As they should. After all, the trio of cases, Wal-Mart Stores, Inc. v. Dukes, Comcast Corp. v. Behrend, and Halliburton Co. v. Erica P. John Fund, Inc., mark a...