September 26, 2013 | Corporate Counsel
New testing regime required under Dodd-FrankOne year after annual stress testing requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act became effective for banks with more than $50 billion in assets, the next phase of testing looms. And this time, it will apply to a large new subset of financial institutions. Starting...
By Melissa Maleske
14 minute read
September 26, 2013 | Corporate Counsel
Mistakes and realities of implementing and executing effective compliance programsA Morgan Stanley managing director ended up in prison for committing substantial Foreign Corrupt Practices Act (FCPA) violations, but the strength of the companys compliance program helped it avoid enforcement actions from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
By Melissa Maleske
13 minute read
September 26, 2013 | Corporate Counsel
A new outlook on Fifth Amendment rightsOn Dec. 18, 1992, two Houston brothers were shot and killed. In the weeks following the killings, police brought Genovevo Salinas in for questioning. They charged him with murder in February 1993, but by then he had fled the country; it wasnt until 2007 that police found Salinas living in...
By Melissa Maleske
6 minute read
August 29, 2013 | Corporate Counsel
Judge approves HSBC deferred prosecution agreement—with a catchAlthough Eastern District of New York Judge John Gleeson approved the agreement for violations, he ordered the government to file quarterly reports with the court on HSBCs compliance with the agreement.
By Melissa Maleske
20 minute read
August 29, 2013 | Corporate Counsel
On SEC specialized disclosure rules, court rejects one, upholds anotherBoth rulings assessed the SEC rules validity under the two-step framework established in the 1984 Supreme Court case Chevron USA Inc. v. Natural Res. Def. Council, Inc.
By Melissa Maleske
5 minute read
August 29, 2013 | Corporate Counsel
European Commission introduces a major reinvention of agri-food safety standardsIn May, the European Commission (EC) adopted a legislative package aimed at strengthening and streamlining health and safety standards in the European agri-food chain.
By Melissa Maleske
6 minute read
August 04, 2013 | Corporate Counsel
ERISA plaintiffs may seek compensation for plan misrepresentationsCases of negligent misrepresentation under the Employee Retirement Income Security Act (ERISA) are common and perhaps inevitable.
By Melissa Maleske
5 minute read
August 04, 2013 | Corporate Counsel
7th Circuit draws distinction between ERISA case and Supreme Court's <em>Cigna</em> decisionIn a concurring opinion in the 7th Circuits June 13 decision in Kenseth v. Dean Health Plan, Inc., Judge Daniel Manion distinguished it from the Supreme Courts Cigna Corp. v. Amara.
By Melissa Maleske
2 minute read
August 04, 2013 | Corporate Counsel
SEC says it will begin to seek more facts in some settlementsSecurities and Exchange Commission (SEC) Chairman Mary Jo White signaled that the agency will be making a major policy change by requiring the settling party to make admissions in certain cases.
By Melissa Maleske
13 minute read
August 04, 2013 | Corporate Counsel
European Commission proposal would enable more private antitrust claims across EUIn the U.S., private antitrust enforcement plays a large role in the general enforcement scheme of the antitrust laws.
By Melissa Maleske
7 minute read