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HTMLThe SEC Retains its House Advantage During Administrative Proceedings
Jodi L. Avergun, Douglas H. Fischer, Joseph V. Moreno, Emily J. Rockwood, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 16, 2016, previously published on August 5, 2016
Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the Securities and Exchange Commission (“SEC”) recently amended its Rules of Practice that apply to proceedings before an administrative law judge (“ALJ”).1...

 

HTMLPotential Risks and Rewards of Cybersecurity Information Sharing Under CISA
Peter Carey, Keith M. Gerver, Joseph V. Moreno, Emily J. Rockwood; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on July 21, 2016
When President Obama signed into law the Cybersecurity Act of 2015, which was designed to facilitate information sharing on cybersecurity threats between the public and private sectors, proponents hailed it as “our best chance yet to help address this economic and national security priority...

 

HTMLMexico Enacts New Anti-Corruption Laws
Theodore T. (Ted) Chung, Karen P. Hewitt, Guillermo E. Larrea, Bertha Alicia Ordaz-Avilés, Cristina Pérez Soto; Jones Day;
Legal Alert/Article
August 5, 2016, previously published on July 2016
On July 18, 2016, Mexican President Enrique Peña Nieto approved the laws of Mexico's new National Anti-Corruption System, declaring that he is "more than committed to combating corruption, hence the importance of the system." The objective of the National Anti-Corruption System is...

 

HTMLIt’s a Mad, Mad, Madden World
Scott A. Cammarn; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on June 29, 2016
On Monday, June 27, 2016, the Supreme Court of the United States denied the petition for certiorari in Midland Funding LLC v. Madden, No. 15-610. The Supreme Court’s denial leaves intact the unusual - and troubling - decision by the U.S. Court of Appeals for the Second Circuit, Midland...

 

HTMLSEC Proposal Would Require Business Continuity and Transition Plans for Investment Advisers
Garret Filler, Dorothy D. Mehta, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on June 30, 2016
Citing the ongoing risk of terrorist and cyber-attacks, the 2008 financial crisis, and Hurricanes Katrina and Sandy, the Securities and Exchange Commission (“SEC”) has issued proposed rules under the Investment Advisers Act of 1940 (“Advisers Act”) that would require...

 

HTMLWhistleblower Policy Bulletin
Maureen Doherty, Suzanne Kittell, Caitlin Sainsbury; Borden Ladner Gervais LLP;
Legal Alert/Article
August 4, 2016, previously published on July 15, 2016
The Ontario Securities Commission's (the "Commission") highly publicized Whistleblower Policy (15-601) (the "Policy") came into effect July 14, 2016 after an extensive comment period running through much of 2015 and 2016.

 

HTMLU.S. Supreme Court Strengthens Protections for Criminal Defendants' Right to Counsel in the Federal Courts
Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on March 31, 2016
On March 30, 2016, the U.S. Supreme Court held that the Sixth Amendment to the United States Constitution guarantees a defendant’s right to access his or her funds that are untainted by any criminal conduct to pay for counsel. In Luis v. United States, 578 U.S.---(2016), the Supreme Court...

 

HTMLMcDonnell Decision and the FCPA
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 30, 2016
On June 27, 2016, in the last decision of the 2015-2016 term, the U.S. Supreme Court, in McDonnell v. United States, No. 15-474, narrowed the type and character of “official acts” that could underpin corruption charges against a public official. Federal prosecutors contended that former...

 

HTMLSupreme Court Limits Extraterritorial Application of RICO
Anthony J. Dick, Gregory G. Katsas, Hashim M. Mooppan, Jacob M. Roth; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Court held that RICO's criminal provisions apply extraterritorially to a limited extent but that...

 

HTMLCFPB Proposed Rules Address Payday Loans and Impose New Customer Diligence Requirements
Scott A. Cammarn, Peter Carey, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 20, 2016, previously published on June 8, 2016
The Consumer Financial Protection Bureau (“CFPB”) last week announced long-awaited proposed rules governing payday loans and other high-cost credit products, including that lenders must take steps to ensure prospective borrowers have the ability to repay them.1 The proposed rules, which...

 


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