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HTMLParis Court of Appeal: An Association Can Be Sanctioned for Abuse of a Dominant Position and Ordered to Pay a Fine Exceeding 5% of Its Income
Sara Pomar, Emmanuelle van den Broucke; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on April 8, 2015
In an order dated February 26, 2015, the Paris Court of Appeal confirmed that a trade association cannot claim the cap of 10% of turnover applicable to fines imposed on companies, as a specific cap of €3 million is provided for associations and other offenders which are not companies.

 

HTMLThe Leniency Procedure is Not Contrary to the French Constitution
Sara Pomar, Emmanuelle van den Broucke; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on April 8, 2015
In the context of an appeal against the decision handed down by the Competition Authority, an application for a priority preliminary ruling on the issue of constitutionality (QPC) was filed before the Supreme Court arguing that Article L. 464-2 of the Commercial Code, which establishes the leniency...

 

HTMLHouse Passes Budget
McDonald Hopkins LLC;
Legal Alert/Article
April 15, 2015, previously published on March 27, 2015
On Wednesday, the House passed a budget by a vote of 228 to 199. The House budget that passed increased defense spending, a move that was necessary to secure the votes of Republican hawks.

 

Adobe PDFThree Things US Audit Committee Members Should Consider in 2015
David S. Bakst, Jason S. Bazar, John P. Berkery, Edward S. Best, Jennifer J. Carlson; Mayer Brown LLP;
Legal Alert/Article
April 14, 2015, previously published on January 23, 2015
Audit Committees are facing increased demands from many quarters heading into 2015, which expand their responsibilities, expose them to greater regulatory scrutiny and potential liabilities, and provide the basis for proxy and shareholder activists to oppose the re-election of Audit Committee...

 

HTMLNY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers
John J. Jablonski, Sandra M. McDermott, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...

 

HTMLNew York Amends Controversial Provisions of Replacement Regulation
Sandra M. McDermott; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
After almost two decades, the New York Department of Financial Services (DFS) has approved amendments to New York Insurance Regulation 60, which will now permit insurance agents to immediately bind coverage where an existing life insurance policy or annuity contract is being replaced. The Third...

 

Adobe PDFCharges Cap in Money Purchase Default Arrangements: Mapping and White-Labelling
Jonathan Moody, Ian Wright; Mayer Brown International LLP;
Legal Alert/Article
April 14, 2015, previously published on February 2015
The final version of the charges cap regulations were published last week and are due to come into force on 6 April. Broadly, they will impose a 0.75% cap on charges in money purchase default arrangements. But the regulations give an unexpectedly wide meaning to “default arrangement” in...

 

HTMLNFA Requires Notification of CPO Delegation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 14, 2015, previously published on April 13, 2015
In 2014, via CFTC Letters 14- 69 and 14-126, CFTC staff afforded self-executing relief from commodity pool operator (CPO) registration (subject to certain conditions) to persons who delegate their CPO responsibilities to registered CPOs. On April 8, the National Futures Association (NFA) issued...

 

HTMLAre Consumer Reports Available For Use In The Collection of Debts Owed to Governmental Agencies?
James C. Warmbrodt; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
April 14, 2015, previously published on March 10, 2015
Consumer reports obtained from credit reporting agencies can be a valuable tool in debt collection. The purposes for which consumer reports may be issued and used are governed by the Fair Credit Reporting Act (FCRA). The FCRA contains specific provisions permitting the issuance of consumer reports...

 

HTMLSupreme Court of GA Affirms Denial of Bond Issue for Lake Oconee Academy
Ryan L. Pratt, Blake C. Sharpton; Butler Snow LLP;
Legal Alert/Article
April 14, 2015, previously published on March 19, 2015
In a 6-to-1 decision, the Supreme Court of Georgia upheld a Greene County Superior Court ruling denying the validation of revenue bonds to build additional facilities for Lake Oconee Academy (the “Academy”) in Greene County (the “County”). The Greene County Development...

 


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