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July 2014 Client Alerts

Practice groups throughout Bryan Cave often prepare alerts on issues of interest to our clients and friends. Listed below are the Client Alerts published in July 2014.  Please click on the title to read the full text of the Alert.

Good News for In-House Counsel:  The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement and Government Contracts practice groups on July 2, 2014.

Federal Antitrust Laws:  A New Tool to Prohibit Pre-Petition Coordination Among Creditors?, published by the Bankruptcy, Restructuring and Creditors’ Rights group on July 14, 2014.

No More Blurred Lines?  Federal Courts Rule That Conditional Discovery Objects are No Longer Proper Under Federal Rules of Civil Procedure, published by the Commercial Litigation practice group on July 30, 2014.

Fraud Outweighs Fairness:  Government Contractor Cannot Recover the Value of Its Services, published by the White Collar Defense and Investigations practice on July 16, 2014.

Seventh Circuit Rejects Judge Shuffling in Multidistrict Litigation Cases, published by the Securities Litigation and Enforcement group on July 3, 2014.

No False Claims Act Liability for Claiming Private Money:  Fifth Circuit Rejects Broad FCA Interpretation, published by the While Collar Defense and Investigations practice group on July 8, 2014.

SEC Brings Enforcement Action Under MCDC Initiative, published by the Broker-Dealer Litigation, Arbitration and Regulatory practice on July 16, 2014.

No FCPA Liability or Penalties for Former Noble Executives:  SEC Settles FCPA Claims on Eve of Trial, published by the Global Anti-Corruption/Foreign Corrupt Practices Act Team and the White Collar Defense and Investigations practice on July 7, 2014.

The D.C. Circuit Imposes Some Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in Any Case, Short-Lived, published by the National Security practice on July 18, 2014.

BNP Paribas Pleads Guilty to Criminal Charges and Collar Clearing Rights Are Suspended in the Largest U.S. Sanctions Case to Date, published by the White Collar Defense and Investigations Global Anti-Corruption/Foreign Corrupt Practices Act Team and the International Trade practice on July 2, 2014.

Failure To Appear At a Hearing — A Risky Tactic?, published by the International Arbitration Commercial Litigation practice on July 8, 2014.

Arbitration and Competition Law – New Prospects of Recovery for Victims of Antitrust Infringements, published by the Antitrust and Competition and International Arbitration groups on July 16, 2014.

Enforcement of CIS Court Judgments in England, published by the International Arbitration practice on July 4, 2014.

New UK Guidance on coping with Small Bribes and Facilitation Payments, published by the Global Anti-Corruption/Foreign Corrupt Practices Act Team on July 3, 2014.

EU & Competition Law Update – July 2014, published by the European Antitrust and Competition groups on July 7, 2014.

 EU Adds Individuals and Entities to Sanctions List and Expands Grounds for Sanctions (IRB No. 525), published by the International Trade CEE and CIS Team on July 28, 2014.

Interns Can Turn Out to Be Expensive for Companies, published by the Labor and Employment Client Service Group (Hamburg, Frankfurt) on July 21, 2014.

UK Labor and Employment Bulletin – July 2014, published by the London  Labor and Employment group on July 21, 2014.

EU Commission Proposes Radical Reform of EU Merger Regulation, published by the Antitrust and Competition practice group on July 14, 2014.

 

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May 2014 Client Alerts

Practice groups throughout Bryan Cave often prepare alerts on issues of interest to our clients and friends. Listed below are the Client Alerts published in May 2014.  Please click on the title to read the full text of the Alert.

SEC Confirms that FINRA May Investigate Non-FINRA Companies Controlled by a FINRA Member, published by the Broker-Dealer Litigation, Arbitration and Regulatory Practice on May 29, 2014.

CFTC Hopes To Attract More Whistleblowers With Issuance of First Award, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement, and Labor and Employment Investment Management practice groups on May 22, 2014.

Court Strengthens Statute of Limitations Defense Against the SEC, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement group on May 15, 2014.

Spreading the Sunshine in Private Equity:  SEC’s Observations from OCIE’s Presence Exams of Private Equity Fund Advisers, published by the Investment Management and Private Equity practice groups on May 14, 2014.

IRS Issues Guidance on Retiree Health Benefits Funded Through Captive Insurance Subsidiary, published by the Tax Advice and Controversy and Captive Insurance practice groups in May 14, 2014.

New Endangered Species Act Rules and Policy Proposedpublished by the Environmental group on May 15, 2014.

Russian Sanctions Creep (IRB No. 523), published by the International Trade CEE and CIS Team on May 13, 2014.

EU Expands Basis for Ukraine-related Sanctions Targets (IRB No. 523), published by the International Trade CEE and CIS Team on May 13, 2014.

At Last:  DoD Codifies Procedures for Addressing Foreign Ownership, Control or Influence (“FOCI”) Concerns, published by the National Security practice on May 6, 2014.

International Centre for Dispute Resolution (“ICDR”) Draft Procedures and Rules, published by the International Arbitration practice on May 8, 2014.

EU to Make It Easier to Confiscate Proceeds of Crime, published by the Global Anti-Corruption/Foreign Corrupt Practices Act Team on May 20, 2014.

Who is a Foreign Official Under the FCPA?  U.S. Appeals court Affirms Government’s Broad Reading of Instrumentality, published by the Global Anti-Corruption/Foreign Corrupt Practices Act Team on May 19, 2014.

Imminent Consumer Contracts Regulations Affecting Hotel Operators and Travel Agencies — Summary of Key Changes, published by the London Technology, Entrepreneurial and Commercial Practice and Retail Team on May 23, 2014.

Bankers Beware:  Global Financial Institutions and Regulated Firms Remain in the UK’s Firing Line, published by the Global Anti-Corruption/Foreign Corrupt Practices Act Team on May 19, 2014.

Hedging the Hedge — Are Hedging Losses Recoverable in Commodities Contracts, published by the Singapore Energy and Natural Resources group on May 14, 2014.

Labor and Employment Bulletin – May 2014, published by the London Labor and Employment practice on May 12, 2014.

EU & Competition Law Update – May 2014, published by the European Antitrust and Competition practice group on May 9, 2014.

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March 2014 Client Alerts

Practice groups throughout Bryan Cave often prepare alerts on issues of interest to our clients and friends. Listed below are the Client Alerts published in March 2014.  Please click on the title to read the full text of the Alert.

The Evisceration of Attorney-Client Privilege for In-House Investigations?  District Court Rules that Internal Investigations Conducted Pursuant to Regulatory Law and Corporate Policy are Not Protected by Attorney-Client Privilege or the Work-Product Doctrine, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement, and Government Contracts Client Service Groups, March 17, 2014.

Supreme Court Holds Severance Payments Subject to FICA Taxation, published by the Tax Advice and Controversy practice group, March 26, 2014.

Will the Supreme Court Curtail Securities Fraud Lawsuits This Term? published by the Broker-Dealer Litigation, Arbitration and Regulatory Practice and Investment Management groups, March 26, 2014.

Managing Legal Risks:  Trends in Mobile, Text Message, Fax and Telephone TCPA Class Action Litigation, published by the Data Privacy and Security Team, March 5, 2014.

SOX Whistleblower Protections Extend to Employees of Contractors and Subcontractors of Public Companies, published by the Labor and Employment Client Service Group, March 6, 2014.

A Significant Change is Occurring Regarding Regulatory Oversight of Banks and Their Third Party Relationships.  Both Banks and their Vendors must pay attention, published by the Financial Services Client Service Group,  Prepaid and Emerging Payments Team, March 25, 2014.

US and EU Impose Economic Sanctions in Response to the Crisis in Ukraine (IRB No. 519), published by the International Trade group  CIS Team, March 7, 2014.

U.S. Supreme Court Limits Scope of SLUSA’s Preclusion of Securities Class Actions for Violations of State Law Where Fraudulent Scheme Did Not Directly Involve Plaintiffs’ Purchase or Sale of “Covered”  Securities, published by the Class and Derivative Actions and Securities Litigation and Enforcement practice groups, March 7, 2014.

San Francisco Passes “Ban the Box” Ordinance, published by the Retail practice group, March 20, 2014.  Employers will not longer be able to ask about applicants’ criminal records.

Tax News and Developments (Winter 2013-2014), published by the Tax Advice and Controversy Client Service Group, March 21, 2014.

Reminder:  File Protective Refund Claim by April 15, 2014 for Severance Payments Made During 2010, published by the Tax Advice and Controversy Client Service Group, March 19, 2014.

Continued Expansion of U.S., EU and Canadian Sanctions on Russian Entities and Individuals in Response to Events in Crimea, published by the International Trade group and CIS Team, March 24, 2014.

US and EU Impose Economic Sanctions in Response to the Crisis in Ukraine (IRB No. 519), published by the International Trade group  CIS Team, March 7, 2014.

Whistleblowing Procedures:  The French Data Protection Authority Widens the Scope of Authorized Data Processing, published by the Data Privacy and Security team (Paris), March 3, 2014.

Retention of Title Clauses – Seller Beware!, published by the Energy and Natural Resources practice group (Asia), March 25, 2014.  The English Court of Appeal decision in Caterpillar v John Holt & Company, and its analysis of “retention of title” and “no set-off” clauses, will be of interest to commodity traders, compliance officers and legal counsel in industries dealing with energy and natural resources internationally.

UK Labor and Employment Bulletin – March 2014, published by the London Labor and Employment practice group, March 20, 2014.

EU & Competition Law Update – March 2014, published by the Antitrust and Competition group, March 14, 2014.

LCIA Rules 2014 – Final Draft Released, published by the International Arbitration group, March 12, 2014.

 

 

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December 2013 – Bryan Cave Client Alerts

Client Service Groups across the Firm often prepare Alerts on issues of interest to our clients and friends.  Listed below are the Alerts published in December, 2013.   Please click on the title to read the full text of the Alert.

New SEC Guidance on Bad Actor Rules, published by the Fund Formation Team, December 20, 2013

IRS Issues New Guidance on In-Plan Roth Rollovers, published by Employee Benefits and Executive Compensation, December 18, 2013

Tips and Traps for Taking Current Year Deductions for Bonus Programs Fixed by End of Year, published by Tax Advice and Controversy, December 20, 2013

Tax News and Developments – Fall 2013, published by Tax Advice and Controversy, December 20, 2013

IRS Publishes Proposed Regulations Determining Partner’s Share of Recourse Liabilities, published by Tax Advice and Controversy, December 26, 2013

Supreme Court Clarifies Law on Forum Selection Clauses:  Choice of Forum in Contract Should be Enforced Absent “Extraordinary Circumstances,” published by Commercial Litigation, December 23, 2013

Fifth Circuit Reverses ‘D.R. Horton’ in Another Decision Upholding Class Action Waivers, published by Class and Derivative Actions, December 17, 2013

Second Circuit Rules continuing Interest Payments are Not in Furtherance of a Conspiracy; Do Not Extend Statute of Limitations, published by White Collar Defense and Investigations and Securities Litigation, December 11, 2013

Department of Defense Imposes New Cybersecurity Requirements on its Contractors and Subcontractors, published by National Security, December 20, 2013

New Milestone:  China (Shanghai) Pilot Free Trade Zone Opens (IRB No. 515), published by International Trade, December 18, 2013

The Introduction of Class Actions in French Law:  Second Reading of the Bill by the French National Assembly, published by the Commercial Litigation, December 17, 2013

Foreign Companies Beware:  U.S. FCPA Enforcers Will Pursue You, published by the Global Anti-Corruption/Foreign Corrupt Practices Act Team, December 17, 2013

European Commission Announces Streamlined EU Merger Notification Process, published by Antitrust and Competition, December 11, 2013

Who You Gonna Call? — the Singapore DNC Registry Opens for Registrations, published by the Data Privacy and Security Team, December 9, 2013.

EU Competition Law Update – December 2013, published by Antitrust and Competition, December 9, 2013

PT First Media v Astro Nusantara:  A cautionary tale on the enforcement of arbitral awards and joinder of third parties, published by International Arbitration, December 2, 2013

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March 2012 Client Alerts

9th Circuit Holds TILA Bars Rescission Suits Filed More Than 3 Years After Consummation

In McOmie-Gray v. Bank of America (9th Cir. Feb. 8, 2012), the Ninth Circuit Court of Appeals held that under the Truth in Lending Act (“TILA”), “rescission suits must be brought within three years from consummation of the loan, regardless whether notice of rescission is delivered within that three-year period.”  It ruled that the three year period in the Act is an absolute limitation on rescission actions and that the one year period for bringing claims applies only to damages actions and does not extend the time to file a claim for rescission even where the borrower has sent the Bank a written notice of rescission within three years of loan signing or “consummation.”  To learn more about the facts in this case and the Court’s decision, please click here to read the Alert published by the Commercial Litigation Client Service Group and the Financial Institutions Client Service Group on March 6, 2012.

How Long Should You Retain Data?  Recent Developments May Add Confusion Not Clarity

Businesses have always collected information about their customers, but with the explosion of on-line commerce the quantity of information collected has ballooned.  One question that necessarily arises for almost any business is deciding how long it will keep the data it collects.  Businesses are aware that future developments in technology will improve the usefulness (and value) of the data that is currently in their possession.  Retaining consumer data, however, raises a number of legal risks which are often difficult to quantify in light of the changing regulatory and litigation landscape.  For a discussion of how recent developments add to the legal complexity, please click here to read the Bulletin published by the Data Privacy & Security Team on March 16, 2012.

Supreme Court Weakens EPA’s Enforcement Regine

The United States Supreme Court handed landowners a major victory against the United States Environmental Protection Agency (EPA) in its unanimous decision in Sackett v. EPA, No. 10-1062.  The decision announced March 21, 2012, held that Clean Water Act compliance orders can be challenged in court under the Administrative Procedures, undercutting EPA’s historic practice of using compliance orders to, in the words of the Court, “strong-arm” parties into voluntary compliance.  To learn about the case and the Court’s decision, please click here to read the Alert published by the Environmental Client Service Group on March 22, 2012.

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February 2011 Client Alerts

February 2011 Client Alerts

March 1, 2011

Authored by: Jeannie Osborne

CPSC Opens Business Registration for New Consumer Product Safety Information Database

The new Consumer Product Safety Information Database is now available online on a trial basis, and will launch officially in March at www.SaferProducts.gov.  The Database allows a broad range of people to file so-called “reports of harm” informing the CPSC about an incident or concern that the submitter believes is an indication a product is unsafe or potentially hazardous.  To read more the database, please click here to see the Alert published by the Retail Team on February 3, 2011.

IRS Reverses Course — Breast Pumps and Other Lactation Supplies are Now Deductible Medical Expenses Subject to Reimbursement under FSAs, HRAs and HSAs

In Announcement 2011-14, the Internal Revenue Service concluded that breast pumps and supplies that assist lactation are medical care under Section 213(d) of the Internal Revenue Code and can therefore be reimbursed under a health flexible spending arrangement.  To learn more about this announcement, please click here to read the Feburary 22, 2011 Alert published by the Employee Benefits & Executive Compensation Client Service Group.

Patent Reform Act of 2011

On January 25, 2011, The Patent Reform Act of 2011 was introduced by Senator Leahy (D-VT) with bipartisan support.  The Bill is the latest installment of Congress’ attempts to pass patent legislation reform, following the Patent Reform Act of 2009 and other bills in recent years, all of which died in Congress.  To learn more, please click here to read the February 22, 2011 Bulletin published by the Intellectual Property Client Service Group.

Wide-Open House Budget Debate Moves Toward Finish Line

The House continues to work towards completing a major budget bill to fund the federal government for the remainder of the 2011 fiscal year.  Of the hundreds of amendments which have been offered and voted upon, major energy and environment-related amendments would reverse a law that requires the federal government to pay the legal costs of some environmental plaintiffs, de-fund the White House climate czar’s office, prevent an EPA appeals board from revoking air permits for oil exploration in the Arctic, and de-fund the EPA’s greenhouse gas emissions registry.  To read more about the proposed amendments and other energy updates, please click here to see the February 18, 2011 Energy Update.

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