Thursday, July 31, 2014
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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.

 

Monday, June 30, 2014
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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 June 2014.  Please click on the title to read the full text of the Alert.

Supreme Court Holds Bare Allegation of Improper Purpose Does Not Entitle a Taxpayer to Examine IRS Officials, published by the Tax Advice and Controversy practice group on June 20, 2014.

District Judge Expands the Reach of Dodd Frank Retaliation Protections, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement, Labor and Employment, Broker-Dealer Litigation, Arbitration and Regulatory practice groups on June 3, 2014.

Breaking News:  Second Circuit Reverses Rakoff Decision Rejecting SEC Settlement, Holds That Requiring Admissions was Abuse of Discretion, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement and Investment Management practice groups on June 4, 2014.

SEC Settles First Whistleblower Anti-Retaliation Case, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement and Labor and Employment practice groups on June 19, 2014.

Small Business Administration Issues Proposed Rule That Would Establish a Safe Harbor From Fraud Penalties for a Business That Acted in Good Faith in Incorrectly Representing the Firm as Being Small,  published by the Government Contracts practice group on June 26, 2014.

Ninth Circuit Issues Two Decisions Upholding Class Action Waivers in Employment Agreements, But Interplay with California Supreme Court Remains an Open Question,  published by the Labor and Employment and Commercial Litigation practice groups on June 27, 2014.

Securities Defendants Will Have New Tool To Use in Opposing Class Certification But Fraud-On-The-Market Theory Survives under Supreme Court Decision,  published by the Class and Derivative Actions and Securities Litigation and Enforcement practice groups on June 23, 2014.

California Supreme Court Affirms Use of Class Action Waivers in Arbitration Agreements, published by the Labor and Employment practice group on June 24, 2014.

Shifting Trends:  Privacy & Security Class Action Litigation, published by the Data Privacy and Security Team on June 11, 2014.

SEC to Give Credit For Self-Reporting Certain Municipal Offering Violations, published by the Broker-Dealer Litigation, Arbitration and Regulatory practice on June 18, 2014.

Whither Demand Response in Wholesale Electric Power Markets?, published by the Energy and Natural Resources practice group on June 2, 2014.

FINRA Cracks Down on Use of Consolidated Reporting,  published by the Broker-Dealer Litigation, Arbitration and Regulatory Practice on June 23, 2014.

Supreme Court Rejects Federal Circuit’s “Insolubly Ambiguous” Standard for Indefiniteness, published by the Intellectual Property practice group on June 3, 2014.

U.S. Supreme Court Allows Private Lanham Act Suits Against Product Labels Otherwise Compliant With Federal Law, published by the Antitrust and Competition practice, Food and Beverage Team and Intellectual Property practice on June 12, 2014.

U.S. Supreme Court Invalidates Alice Corp’s Software Patent Claims, published by the Intellectual Property practice group on June 20, 2014.

U.S. Supreme Court Rejects Divided Infringement of Method Claims in Limelight v. Akamai, published by the Intellectual Property practice group on June 3, 2014.

IRS Announces Changes to Offshore Voluntary Disclosure Program, published by the Tax Advice and Controversy practice group on June 20, 2014.

EPA Extends Comment Period For Proposed Clean Water Act Jurisdictional Regulations, published by the Environmental practice group on June 30, 2014.

EPA’s Proposed Clean Power Plan Regulations:  Structure and Impacts, published by the Environmental group on June 6, 2014.

Missouri Supreme Court Holds That Statutes of Limitations Are Not Tolled by Putative Class Action Lawsuits Filed Outside of Missouri, published by the Class and Derivatives Actions practice group on June 25, 2014.

Reminder:  Increase in California Minimum Wage Effective July 1, 2014, published by the Labor and Employment practice group on June 24, 2014.

EU Proposes Greater Transparency of Beneficial Ownership,  published by the White Collar Defense and Investigations practice group and Global Anti-Corruption/Foreign Corrupt Practices Act Team on June 26, 2014.

Significant Competition/Antitrust Fines in Europe Sound the Alarm for Private Equity Over Liability for Their Portfolio Companies,  published by the Antitrust and Competition and Private Equity groups in London and Frankfurt on June 19, 2014.

Australia Imposes Targeted Ukraine-Related Sanctions on 50 Individuals and 11 Entities, published by the White Collar Defense and Investigations practice group on June 19, 2014.

The French Blocking Statute:  Effective Protection Against Cross-Border Discovery?, published by the Commercial Litigation and Class and Derivative Actions practice groups on June 19, 2014.

Canada Charges 3 Foreign Nationals with Bribery of Foreign Officials, published by the Global Anti-Corruptions/Foreign Corrupt Practices Act Team on June 6, 2014.

EU Makes It Easier for Creditors to Recover Cross-Border Debts in the EU in Civil and Commercial Matters, but Has the UK Missed a Trick?, published by the London Commercial Litigation practice group on June 5, 2014.

EU and Competition Law Update — June 2014, published by the European Antitrust and Competition practice groups on June 9, 2014.

Thailand:  Is a Coup d’etat Force Majeure?published by the Hong Kong Commercial Litigation group on June 6, 2014.

Clarification of the Approach to Non-Arbitrable Claims — Silica Investors v Tomolugen Holdings (Singapore High Court), published by the International Arbitration practice group on June 4, 2014.

Saturday, May 31, 2014
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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.

Monday, April 28, 2014
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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.

 

Monday, March 31, 2014
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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.

 

 

Friday, February 14, 2014
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Client service groups throughout Bryan Cave LLP 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.

Qualified Plan Limits, published by Employee Benefits and Executive Compensation, January 21, 2014

California “Do-Not-Track” Law Has Gone Into Effect, Requiring Some Websites to Revise Privacy Policy, published by the Data Privacy and Security Team, January 9, 2014

Federal Trade Commission Increases Interlocking Directorates Thresholds, published by Antitrust and Competition, January 24, 2014

Eleventh Circuit Holds that Affiliates of Indicted Contractor May Be Suspended from Government Contracting Indefinitely, Despite No Wrongdoing, published by Government Contracts, January 3, 2014

‘Single Asset Real Estate':  A Concept in Need of Redefinition, published by Bankruptcy, Restructuring and Creditors’ Rights, January 15, 2014

Tax Court Upholds Captive Insurance Arrangement Despite Parent Guarantee and Captive’s Investment in Stock of Parent, published by Tax Advice and Controversy, January 16, 2014

Investment Funds Maintained by Charitable Organizations, published by the Fund Formation Team and Tax Exempt and Charitable Planning, January 7, 2014

Circuit Decision Requires Production of Foreign Bank Account Records, Thus Emphasizing Importance of IRS Amnesty Program, published by Tax Advice and Controversy and White Collar Defense and Investigations, January 9, 2014

SEC ALJ Imposes Six Month Bar on China Affiliates of Big Four Accounting Firms, published by White Collar Defense and Investigations and International Trade, January 24, 2014

Premerger Notification Thresholds Increased, published by Antitrust and Competition, January 24, 2014

EPA Adopts New ASTM Phase I Standard, published by the Environmental group, January 15, 2014

While Some Things Changed, Much Stays the Same as the EU and the United States Relax Sanctions Against Iran (IRB No. 517), published by International Trade, January 28, 2014

SCOTUS Limits the Exercise of General Personal Jurisdiction Over Multi-National Parent Corporations:  Daimler AG v. Bauman, published by Commercial Litigation, January 29, 2014

SEPA — Is There Some Respite for European and US Companies?, published by Financial Services, January 13, 2014

EU & Competition Law Update – January 2014, published by Antitrust and Competition, January 14, 2014

Overhaul of the BIS Unverified List Imposes New Requirements for Exporters (IRB No. 516), published by International Trade, January 21, 2014

UK Labor and Employment Law Bulletin – January 2014, published by Labor and Employment, January 23, 2014

Lokpal:  Finally a force to combat corruption in India, published by the India Practice Group, January 8, 2014

Tuesday, December 31, 2013
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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

Thursday, February 28, 2013
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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.

Thursday, October 4, 2012
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Health Care Reform:  Guidance on Play or Pay and 90-Day Waiting Period

On August 31, 2012, the Departments of Labor, Treasury, and Health and Human Services jointly issued temporary guidance on two related health care reform issues:  (i) determining full-time status of employees for purposes of the employer “play or pay” penalty and (ii) implementation of the 90-day maximum waiting period adjustment.  As the two pieces of guidance refer to one another, it is important to understand them both.  To learn more about the guidance issued on these two health care reform issues, please click here to read the Alert published by the Employee Benefits and Executive Compensation Client Service Group on September 24, 2012.

U.S. Army Solicits $7 Billion in Renewable Energy Contracts

The US Army Engineering and Support Center is accepting bids for new renewable and alternative energy projects to provide electrical utility services to sites under the jurisdiction of the Department of Defense across the continental United States.  Up to $7 billion will be available over the course of 10 years to purchase energy produced by renewable and alternative projects to help the Department meet its mandate to produce or procure at least 25% of its total facility energy needs by the year 2025.  To learn more about the bidding process, please click here to read the Alert published by the Energy and National Resources Client Service Group on September 7, 2012.

With Recent Changes Issued by the CFPB, Final Remittance Transfer Regulations to Become Effective February 7, 2013

One provision of Dodd-Frank that generated comparatively little concern when it was passed was section 1073, “Remittance Transfers.”  Closer examination and subsequent issuance of regulations has now drawn scrutiny to this provision, which was already so detailed and lengthy when it was inserted into the Act that there was little room for modification by the CFPB when the bureau issued its implementing regulations.  To learn more about the provision and how to comply in time for the February 7, 2013 effective date, please click here to read the Alert published by the Financial Institutions Client Service Group on September 19, 2012.

Comments on the “Effects of Foreign Policy-Based Export Controls” submitted September 21, 2012

To read the comments submitted by Stanley J. Marcuss and George F. Murphy of the  International Trade Group on the foreign policy export controls maintained by the Bureau of Industry and Security, please click here.

A New Law on Sexual Harassment in France

Since the initial enactment of anti-sexual harassment legislation in France in 1992, sexual harassment was not only prohibited under the French Labor Code but was also a punishable offense under the Penal Code.  However, the definitions in the Labor Code and Penal Code were both vague and not entirely in sync, and the French Constitutional Counsel ruled them unconstitutional in May of this year.  In order that sexual harassment “not go unpunished,” the French Parliament has adopted a new law.  To read more, please click here for the Briefing published by the Labor and Employment Client Service Group (Paris) on September 24, 2012.

German Labor Law & HR 2/2012

For a discussion of the “Revolving Door Clause” included in the German Temporary Employment Act governing the use of employing temporary workers, please click here to read the Newsletter published by the Labor and Employment Client Service Group (Hamburg) on September 25, 2012.

Tuesday, September 4, 2012
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SEC Issues Final “Conflict Minerals” Rule

The SEC has issued its final rule to implement the “conflict minerals” disclosure requirements in Dodd-Frank.  The SEC originally issued proposed rules with a comment period that was to have ended in January 2011.  Final rules were required to be published by April of 2011.  The SEC formally extended the public comment period by 30 days and then spent nearly 17 months receiving thousands of letters, meeting with many “interested persons,” and hosting an SEC Roundtable.  Dodd Frank amended the SEC Exchange Act of 1934 by adding a requirement that the  SEC publish disclosure rules concerning the use of certain minerals that originate in the Democratic Republic of the Congo.  To learn more about the disclosures required by the rule, please click here to read the Bulletin published by the Corporate Finance and Securities Client Service Group on August 29, 2012.

The Contraceptive Mandate:  What Do Religious Employers Do Now?

In a landmark 5-4 decision announced in June, the United States Supreme Court upheld the key provisions of the Patient Protection and Affordable Care Act (ACA).  Perhaps most noteworthy for religious employers are the provisions requiring group health plans to provide preventive health services without charging a co-pay.  In August, the Department of Health and Human Resources (HHS) adopted guidelines outlining the required preventive health care for women.  That guidance requires coverage for all FDA-approved contraceptive services, including the “morning after” pill and the “week after” pill.  Coverage of these services at no cost is required for plan years beginning on or after August 1, 2012.  To learn more about the decision and exemptions for certain employers, please click here to read the Alert published by the Religious Organization Team on August 7, 2012.

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