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|OFAC Publishes Amendments to the Syrian Sanctions Regulations|
Brian S. Goldstein; Duane Morris LLP;
April 17, 2015, previously published on April 13, 2015On April 13, 2015, the Office of Foreign Assets Control (OFAC) published in the Federal Register amendments to the Syrian Sanctions Regulations. Specifically, OFAC, by a new General License, has authorized "certain activities relating to publishing, not already exempt from regulation, that...
|Supreme Court Clarifies Liability Standard for Opinions Expressed in Registration Statements|
William S. Freeman; Jones Day;
April 17, 2015, previously published on March 2015On March 24, 2015, the United States Supreme Court clarified the circumstances under which a company can be liable under § 11 of the Securities Act for statements of opinion contained in a registration statement. The Court held that a company is not liable for stating an opinion that turns out...
|The NLRB’s New ‘Quickie’ Election Rules Take Effect Despite Pending Court Challenges|
Justin F. Keith, Terence P. McCourt, Howard L. Mocerf; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 14, 2015On April 14, 2015 the National Labor Relations Board’s (NLRB) new union election rules (Election Rules) went into effect. As discussed in a prior GT Alert, the NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. As outlined below, the Election Rules make...
|Public Tax Sale to Pay Unpaid Real Estate Taxes Held to Constitute “Reasonably Equivalent Value” for Fraudulent Transfer Purposes|
Pullman Comley LLC;
April 17, 2015, previously published on March 23, 2015A voluntary or involuntary transfer of property by a debtor for less than “reasonably equivalent value” at a time when the debtor is insolvent may be avoided as a fraudulent transfer 11 USC § 548, irrespective of the debtor’s intent. In Jacobson v A127, LLC (In re Jacobson),...
|Supreme Court Issues Guidance on Disclosure of Opinions in Registration Statements|
Robert A. Horowitz, Steven M. Malina; Greenberg Traurig, LLP;
April 17, 2015, previously published on March 26, 2015In a highly anticipated opinion issued earlier this week in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (2015), the U.S. Supreme Court disposed of a split amongst circuits and set forth a new test as to when a statement of opinion in a registration...
|Sovereign Debt Update|
Mark G. Douglas; Jones Day;
April 17, 2015, previously published on March/April 2015On February 13, 2015, the Chancery Division of the English High Court issued a ruling in a lawsuit brought by certain holders of euro-denominated exchange bonds issued by the Republic of Argentina during 2005 and 2010 debt restructurings seeking to gain access to €225 million ($257 million)...
|Update - Enforcement of OSHA Reporting Requirements|
Jane H. Heidingsfelder; Jones Walker LLP;
April 17, 2015, previously published on March 2015As you know by now, as of January 1, 2015, Occupational Safety and Health Administration (OSHA) has new reporting requirements mandating that employers notify OSHA whenever there is: a workplace fatality; any in-patient hospitalization; an amputation; or loss of an eye. These new requirements have...
|Executive Order 13690 Requires Federal Agencies to Consider Climate Change in Determining a Higher Flood Elevation and Expanded Flood Hazard Area|
F. Rivers Lelong, Alex P. Prochaska, Robert W. Scheffy, Merri Hope Thompson; Jones Walker LLP;
April 17, 2015, previously published on March 2015Pursuant to EO 13690, the Federal Emergency Management Agency (FEMA) drafted for public comment the Revised Guidelines for Implementing Executive Order 11988, Floodplain Management (“the Guidelines”). The Guidelines maintain the existing eight-step decision-making process currently in...
|Recent DOJ and Regulatory Actions Against Smaller Institutions Suggest That Community Banks Should Continue to Carefully Consider BSA/AML Risks|
Jared E. Dwyer, Carl A. Fornaris; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 15, 2015On March 31, 2015, the National Credit Union Administration liquidated North Dade Community Development Federal Credit Union of Miami Gardens, Florida. In its press release, the NCUA reported that North Dade was liquidated because the “credit union had violated various provisions of its...
|Premium - In Whose Interest?|
Tawnee Ebbs, Louisa Watt; Cadwalader, Wickersham & Taft LLP;
April 17, 2015, previously published on March 31, 2015The Loan Market Association (“LMA”) Standard Terms & Conditions for Par & Distressed Trade Transactions (Bank Debt/Claims) (the “Terms and Conditions”) are the recommended set of terms published by the LMA and commonly used for the trading of loans and claims in the...