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|Affiliated Exchange-Traded Funds May Merge|
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
November 11, 2013, previously published on November 8, 2013The Securities and Exchange Commission (SEC) continues to focus on issues related to exchange-traded funds (ETFs), as the market for ETFs continues to grow. For example, the SEC has again hinted that it may adopt rules to facilitate the creation of ETFs, and the SEC has recently provided guidance...
|Georgia Supreme Court Declines to Review Decision Regarding Limitation-of-Liability Clauses in Customer Contracts|
Sutherland Asbill Brennan LLP;
November 8, 2013, previously published on November 6, 2013This week, the Georgia Supreme Court denied a request to review a divided Georgia Court of Appeals decision with potentially far-reaching consequences for companies that do business in Georgia and rely on limitation-of-liability clauses in their customer contracts. Monitronics International v....
|Georgia Court of Appeals: Fine Print Too Small to Save Limitation-of-Liability Clause in Home Security Contract|
Sutherland Asbill Brennan LLP;
August 1, 2013, previously published on July 30, 2013A decision by the Georgia Court of Appeals has potentially far-reaching consequences for companies that include limitation-of-liability clauses in their customer contracts. In Monitronics International v. Veasley, the Georgia Court of Appeals upheld a $9 million jury verdict against an alarm...
|White House Releases Executive Order Governing Critical Infrastructure|
Todd S. McClelland; Alston & Bird LLP;
February 14, 2013, previously published on February 13, 2013Yesterday, the White House released an Executive Order titled “Improving Critical Infrastructure Cybersecurity” (the “Order”). The Order was signed by the President yesterday and announced during his State of the Union Address. The Order represents an attempt by the...
|"Proposed Amendments to the TSX Company Manual - Majority Voting"|
Dentons Canada LLP;
November 9, 2012Pursuant to recent amendments to the TSX Company Manual (the “Manual”), which will become effective on December 31, 2012, issuers listed on the Toronto Stock Exchange (the “TSX”) will be required to disclose whether they have adopted a “majority voting” policy in...
|Tyco International, Ltd. Pays More Than $26 Million to Settle FCPA Allegations: Improper Payments Made to Foreign Officials in Over a Dozen Countries, Including China|
Eric Carlson, Shaoyu Chen, Timothy P. Stratford; Covington & Burling LLP;
October 2, 2012, previously published on September 25, 2012On September 24, 2012, Tyco International Ltd. (“Tyco”) agreed to pay more than $26 million to settle allegations that its subsidiaries violated the Foreign Corrupt Practices Act (“FCPA”) by making improper payments to government officials in over a dozen countries across...
|A Security Guard May Be Covered Under the Longshore Act If His Work Is Integral To Shipbuilding|
Megan B. Caramore, Lisa L. Thatch; Vandeventer Black LLP;
September 18, 2012, previously published on September 11, 2012The 1984 Amendments to the Longshore and Harbor Workers’ Compensation Act made it clear that employees who exclusively perform “office clerical, secretarial, security, or data processing work” are not covered by the Act so long as they are covered by the applicable state...
|Enforceability of Non-Solicitation Restrictive Covenants|
Anna Byford, Alex Denny, Victoria Pengelly; Faegre Baker Daniels;
September 5, 2012, previously published on August 31, 2012The Mercantile Court has held that a six month non-solicitation post-termination restrictive covenant was enforceable, despite it not being limited to customers with whom a director had contact in the 12 months preceding termination (Safetynet Security Ltd v Coppage and another  EWHC B11...
|"Proposed Exemption for the Canadian Derivatives End-User", June 15, 2012|
Priscilla P. Bunke; Dentons Canada LLP;
August 22, 2012In this commentary to the Ontario Securities Commission, Priscilla Bunke explains the proposed exemptions for the Canadian derivatives End-User.
|Focus on Securities: Canadian Securities Regulators Propose to Ease Restrictions on Marketing Prospectus Offerings|
Ralph Shay; Dentons Canada LLP;
August 8, 2012The Canadian Securities Administrators have published for comment significant proposed changes to their rules and policies governing the pre-marketing and marketing of prospectus offerings, other than mutual fund offerings. The changes, if enacted, would loosen some of the current restrictions that...