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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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April 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 April 2014.  Please click on the title to read the full text of the Alert.

 U.S. Supreme Court Clarifies Test For Standing to Sue Under Federal False Advertising Statute And Rejects Test Used by Several Circuits to Prohibit Suits Brought By Non-Competitor Businessespublished by the Commercial Litigation, Intellectual Property and Trademarks practice groups on April 1, 2014.

The Australian Privacy Principles:  They don’t apply to me, do they?, published by the Data Privacy and Security team, April 1, 2014.

SEC Convenes Cybersecurity Roundtable:  Highlights Importance of Cybersecurity for Public Companies and Financial Market Participants, published by the Corporate Finance and Securities practice group and Data Privacy and Security Team, April 4, 2014.

Now It Gets Personal:  Department of Justice Obtains its First Ever Extradition on Antitrust Charges, published by the Antitrust and Competition White Collar Defense and Investigations practice on April 8, 2014.

SEC Touts Monetary Benefits of Whistleblowing, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement and Labor and Employment practice groups, April 10, 2014. 

Paving The Way for Increased Data Litigation, Court Refuses to Dismiss FTC’s Use of Deception or Unfairness Authority in Data Breach Cases, published by the Data Privacy and Security Team, April 11, 2014.

$5.15B Cleanup:  Anadarko Environmental Settlement Reveals New Government Tactics, published by the White collar Defense and Investigations and Environmental practice groups, April 11, 2014.

Court of Appeals Issues Opinion in Conflict Minerals Case:  Portion of Rule Violates First Amendment, published by the Corporate Finance and Securities practice group, April 14, 2014.

SEC Staff Responds to Court of Appeals Opinion in Conflict Minerals Case:  Game On, published by the Corporate Finance and Securities group, April 30, 2014.

Will This Be Enough?  Competitors Sharing Cyber Threat Information Will Not Result in Federal Antitrust Prosecutions — Sometimes, published by the National Security, Antitrust and Competition practice groups and the Data Privacy and Security Team

We Know Who You Are:  Companies’ Ability To Deal Confidentially With The CPSC is Further Eroded, published by the Consumer Protection and Data Privacy groups, April 18, 2014.

OCIE Issues Risk Alert Regarding Cybersecurity Preparednesspublished by the Broker-Dealer, Litigation, Arbitration and Regulatory,  and Investment Management groups, April 21, 2014.

Missouri Supreme Court Deals With Trade Secret Issues, published by the Labor and Employment practice group, April 22, 2014.

Missouri Supreme Court Introduces Drastic Change to Workers’ Compensation Retaliation Law, published by the Labor and Employment practice group, April 29, 2014.

New York’s Non-Profit Revitalization Act of 2013 and Its Impact on Non-Profit Organizations, published by the Non Profit Organizations practice on April 1, 2014.

U.S. Expands Sanctions Against Russia By Freezing More Assets and Restricting Exports (IRB No. 522), published by the International Trade group, April 29, 2014.

Partnership Tax Changes:  New Salaried Member Rules from 6 April 2014published by the Tax Advice and Controversy practice group (London) on April 3, 2014.

New Consumer Regulations – Implications for Retailers doing Business in the UK, published by the London Retail team, April 17, 2014.

Sunday Trading Laws in the UK — Is The Customer Still King?, published by the London Retail team, April 17, 2014.

UK Deferred Prosecution Agreements — Key Considerations For Companies Deciding Whether To Self-Report, published by the White Collar Defense and Investigations, Global Anti-Corruption/Foreign Corrupt Practices Act Team, April 2, 2014.

New Consumer Protection Law:  A Reinforced Framework for Distribution Agreements, published by the Paris Consumer Protection and Data Privacy group, April 9, 2014.

New Consumer Protection Law:  A Stricter Regime for Payment Terms, published by the Consumer Paris Protection and Data Privacy group, April 9, 2014.

EU & Competition Law Update – April 2014, published by the European Antitrust and Competition group, April 10, 2014.

 

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February 2014 – Bryan Cave 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 January 2014.  Please click on the title to read the full text of the Alert.

Voluntary for Now:  Federal Cybersecurity Framework Likely to Become the Base-Line Requirement for Critical Infrastructure Organizations and, Potentially, Many Other Businesses, published by the National Security Data Privacy and Security Team, February 20, 2014.

Managing Legal Risks:  Trends in Data Privacy & Security Class Action Litigation, published by the Data Privacy and Security Team, February 27, 2014.

Bankruptcy Court Limits Credit Bid Right In An Unnecessarily “Rushed” Sale Process, published by the Bankruptcy, Restructuring and Creditors’ Rights Practice, February 14, 2014.

Proposed Regulation Would Limit Ability to Restrict Public Disclosure of Product Information Submitted to the CPSC, published by the Consumer Protection and Data Privacy Practice, February 27, 2014.

FINRA Levies Record Fine for AML Violations, published by the Securities litigation and Enforcement and White Collar Defense and Investigations Practice Groups.

FINRA’s Sweep Letter Targets Cybersecurity, published by the Broker-dealer Litigation, Arbitration and Regulatory Practice, February 10, 2014.

Managing Legal Risks:  Trends in Advertising Class Action Litigation (2013 Year-In-Review), published by the Consumer Protection and Data Privacy and Class and Derivative Actions Practice Groups, February 18, 2014.

DINP Listed as Carcinogen Under Prop. 65, published by the Retail Team, February 28, 2014.

OCIE’s “Never-Before Examined Initiative,” published by the Broker-Dealer Litigation, Arbitration and Regulatory Practice.

Attorney-Client Privilege in FCPA Investigation Nullified Based on Crime-Fraud Exception, published by the White Collar Defense and Investigations, Internal Trade, Global Anti-Corruption/Foreign Corrupt Practices Act Team, February 25, 2014.

Yet Another List to Check:  the Foreign Sanctions Evaders (IRB No. 518), published by the International Trade Group, February 21, 2014.

A Year in the Garden, published by the London labor and Employment Practice, February 19, 2014.

EU & Competition Law Update – February 2014, published by the European Antitrust and Competition Practice, February 10, 2014.

PRC Labor Activity Issues Interim Provisions on Labor Dispatch, published by the Asian Labor and Employment International Practice, February 25, 2014.

The Introduction of Time Limits in Works Council Consultations:  An Attempt at Streamlining Employer-Employee Relations, published by the Paris Labor and Employment Practice, February 3, 2014.

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