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|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...
|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...
|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 (Jenn) 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...
|Georgia’s Securities Division Launches New Website For Electronic Form D Filing|
Lori A. Gelchion, Robert C. Hussle, Jody L. Spencer; Rogers & Hardin;
February 18, 2015, previously published on December 2014The Securities Division of the Georgia Secretary of State’s Office has launched its online Electronic Filing Depository (“EFD”) to be used for the filing of notices of certain exempt securities offerings.
|Fraudulent Concealment of Bad Soils Results in Entitlement to Jury Trial|
Michael R. Bosse; Bernstein Shur;
February 18, 2015, previously published on January 23, 2015Fraudulent concealment claims can allow a claimant to escape the legal bar of a statute of limitations. They are difficult claims to prove in court because you have to prove the undisclosed facts, and sometimes the cover up. Yet, in a case decided by the California Court of Appeals on January 15,...
|LA Mayor Proposes Mandatory Earthquake Retrofitting for Commercial and Residential Buildings|
Tetlo N. Emmen, Alfred Fraijo; Sheppard, Mullin, Richter & Hampton LLP;
February 17, 2015, previously published on December 19, 2014Capping a year-long partnership between the City of Los Angeles and Dr. Lucy Jones, a well-known seismologist with the United States Geological Survey, Mayor Eric Garcetti released “Resilience by Design” last week, a plan that includes an ambitious set of proposed seismic regulations....
|ISS and Glass Lewis Release 2015 Canadian Proxy Voting Guidelines|
Colin Cameron-Vendrig, Jason M. Saltzman; Borden Ladner Gervais LLP;
November 25, 2014, previously published on November 13, 2014ISS and Glass, Lewis & Co. recently released updated guidelines for the 2015 Canadian proxy season
|California's Call Recording Class Actions: Upping the Game for Class Action Plaintiffs|
Paul M. Kakuske, Joel D. Siegel; Dentons Canada LLP;
November 19, 2014, previously published on October 9, 2014In recent years, the California Invasion of Privacy Act (CIPA) (Cal. Penal Code §§ 630-637.5) has spurred class action litigation related to the monitoring and recording of customer calls. The defendants in these actions are typically customer facing companies that routinely record...