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|Effective May 5, 2015: Implications For Issuers And Dealers, As Well As For Retail Investors|
Michael Burns, Rebecca A. Cowdery, Donna Spagnolo, Michael Taylor, Michael T. Waters; Borden Ladner Gervais LLP;
March 12, 2015, previously published on February 27, 2015The increased pace of regulatory change experienced over the last few years appears poised to continue during 2015, along with the Canadian Securities Administrators’ (CSA) focus on enhancing protections for retail investors. The CSA recently finalized and released important amendments to...
|The Ontario Court of Appeal Confirms Scrutiny for Leave in Securities Class Actions|
Paul Davis, Miranda Lam; McCarthy Tétrault LLP;
March 12, 2015, previously published on January 7, 2015At the end of 2005, Ontario legislation came into effect which enabled aggrieved shareholders to bring a statutory action for secondary market misrepresentation against issuers and their directors and officers (and others) without the requirement to establish individual reliance. In order to...
|Significant Changes To Canada’s Exempt Market Effective May 5, 2015:|
Michael Burns, Rebecca A. Cowdery, Ronald M. Kosonic, Donna Spagnolo, Michael T. Waters; Borden Ladner Gervais LLP;
March 12, 2015, previously published on February 26, 2015 The increased pace of regulatory change experienced over the last few years appears poised to continue during 2015, along with the Canadian Securities Administrators’ (CSA) focus on enhancing protections for retail investors. The CSA recently finalized and released important amendments to...
|SEC Proposes Amendments to Registration Requirements Further Implementing the JOBS Act|
Rebecca G. DiStefano; Greenberg Traurig, LLP;
March 12, 2015, previously published on January 21, 2015On Dec. 18, 2014, the Securities and Exchange Commission (SEC) proposed amendments to current rules under Section 12(g) of the Securities Exchange Act of 1934, as amended (Exchange Act), that would implement provisions of Titles V and VI of the Jumpstart Our Business Startups Act, which became law...
|US Second Circuit Heightens the Standard of Proof Required To Sustain Tipper/Tippee Insider Trading Convictions|
Melanie M. Burke, Joseph De Simone, William Michael, Richard M. Rosenfeld, Matthew A. Rossi; Mayer Brown LLP;
February 26, 2015, previously published on December 15, 2014On December 10, 2014, in United States v. Newman, et al., the US Court of Appeals for the Second Circuit clarified the elements required to establish insider trading in tipper/tippee cases by holding that “in order to sustain a conviction for insider trading, the government must prove beyond...
|Federal Reserve Board Issues Volcker Rule Conformance Period Extension|
Scott A. Anenberg, Michael D. Lewis, Jerome J. Roche, David R. Sahr, Donald S. Waack; Mayer Brown LLP;
February 26, 2015, previously published on December 19, 2014On December 18, 2014, the Federal Reserve Board (“Board”) announced that it is extending the Volcker Rule conformance period for certain fund investments and relationships from July 21, 2015, until July 21, 2016, and that it intends next year to grant a further extension of the...
|SEC Releases 2015 Examination Priorities|
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2015, previously published on January 16, 2015On January 13, 2015, the Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (the “SEC”) released its 2015 examination priorities. The SEC identified three thematic issues: (i) matters relating to retail investors and...
|Interlocutory Injunction Granted: Defendants Ordered to Stop Using Plaintiff’s Business Name|
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
February 25, 2015, previously published on December 16, 2014The Plaintiff applied for an interlocutory injunction to stop the personal Defendant and corporate Defendant, Alpha Neon Sign Consulting Ltd., from using their business name, “Alpha Neon”. The Defendants compete with the Plaintiff and have been using the Alpha Neon name in its competing...
|HIPAA Settlement Continues to Emphasize the Importance of Security Policies and Procedures|
Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 19, 2015, previously published on December 9, 2014A recently announced settlement between Anchorage Community Mental Health (“ACMHS”) and the U.S. Department of Health & Human Services Office for Civil Rights (“OCR”) emphasizes, once again, the importance of compliance with the Security Rule and keeping IT...
|The Supreme Court's Jurisdictional Stretch in Resolving the Evidence Needed to Support a CAFA Removal|
Jennifer A. Foster; Baker Sterchi Cowden & Rice, L.L.C.;
February 18, 2015, previously published on January 6, 2015 In Dart Cherokee Basin Operating Co. v. Owens, the United States Supreme Court clarified exactly how much evidentiary proof defendants must submit in support of an adequate amount in controversy when removing cases to federal court under the Class Action Fairness Act (“CAFA”). Writing...