April 19, 2015

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FEATURED ARTICLES

A Renewed Push Coming for Disclosure of Political Intelligence Gathering?
According to a key advocate, Senate Judiciary Committee Chairman Charles Grassley (R-IA)  is preparing to renew his push for legislation aimed... Read More >
Risk and Reward in the UK Continental Shelf: Key Developments in Q1 2015
A consistent theme emerging from industry stakeholders is that significant fiscal and regulatory reform is required to secure the industry’s... Read More >
Federal Reserve Board Expands Small Bank Holding Company Policy Statement
On April 9, the Board of Governors of the Federal Reserve (Board) issued a final rule to expand the applicability of its Small Bank Holding... Read More >
Troubles for Massachusetts Town’s Wind Turbine
In the long-running dispute between the Town of Falmouth and the neighbors to the Town’s wind turbine that powers the municipal wastewater... Read More >
It’s Official: Mobile Overtakes Desktop as Most Used Digital Platform
It’s official! Mobile internet usage has overtaken desktop computer usage as the most used digital platform in the U.S., according to comScore... Read More >
Study Concludes That California’s Lending Laws Are Number One
In a recently published paper, three authors examine the relationship between debt contracts and state law.  Perhaps only Captain Renault... Read More >
Genetic Engineering Makes the Blacklist
James Spader was quirkily funny as Denny Crane’s partner on “Boston Legal,” but NBC’s “The Blacklist” has him... Read More >
The Impact of Distributed Generation On Electric Utilities: How Big, How Likely
Technological advances in distributed generation and battery storage and their consequent falling costs have the potential to significantly change... Read More >
The Shape and Size of Carbon Nanotubes Impact the Potential Biological Response
Researchers are continuing to investigate how the shape and size of carbon nanotubes (CNT) affect... Read More >
Sustainable Fashion – It’s about more than just being really really ridiculously
One area of concern in fashion that is gaining public awareness is the impact of toxic chemicals... Read More >
US Sentencing Commission Revises Sentencing Guidelines for Fraud
The United States Sentencing Commission recently adopted new guidelines for sentencing in cases... Read More >

Federal Court News

SEC Announces First Whistleblower Action Regarding Confidentiality Agreement Res

Last week, the Securities and Exchange Commission (“SEC”) announced its first enforcement action...

BIO Files Brief in Support of Mandatory Notice Requirement in the BPCIA

On April 14, 2015 the Biotechnology Industry Organization (BIO) filed an amicus curiae brief with the Court of Appeals for the Federal Circuit1 in support of remand or reversal of the...

SEC Joins NLRB in Attacking Employee Confidentiality Agreements

Recently, the U.S. Securities and Exchange Commission (SEC) fined an employer $130,000 for making employees sign confidentiality agreements during an investigation. The agreement stated that the...

EEOC Releases Proposed Rule on Employee Wellness Plans

Yesterday, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet...

This week, we have posted about two commodity enforcement trends. Yesterday, Judge Harry D. Leinenweber of the United States District Court for the Northern District of Illinois issued his opinion on the defendant’s...

The US District Court for the Southern District of New York recently denied two defendants’ motion to dismiss a Securities and Exchange Commission complaint alleging that they committed insider...

State Court News

MassDEP Provided Substantial Discretion to Interpret Legislative Mandate in Glob

Just how much discretion will the courts give to the MassDEP to interpret legislative intent when it implements legislative directives such as a requirement to develop rules under the Global Warming Solutions Act?  The...

Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later.  In March, the Federal court in...

Legislators are back in Raleigh after a week off and it doesn’t look like anything has changed after the extra time they were given to reflect on the session.  Just as we’ve seen before:

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INTERNATIONAL LAW NEWS

UK FCA (Financial Conduct Authority) Finalizes Guidance on Multilateral Trading
by: Carolyn H. Jackson of Katten Muchin Rosenman LLP

On April 15, the Financial Conduct Authority (FCA) published its final guidance (Final Guidance) relating to the operation of multilateral trading facilities (MTFs) pursuant to the FCA’s...

New Polish Restructuring Law – Avoiding Liquidation
by: Ewa A. Lis-Lewandowska of Squire Patton Boggs (US) LLP

On April 9, 2015, the Lower House of the Polish Parliament adopted a new Restructuring Law. The main goal of the new law is to introduce an effective mechanism to restructure a...

by: Kevin M. Foley and James M. Brady of Katten Muchin Rosenman LLP

The Commodity Futures Trading Commission and the Australian Prudential Regulation Authority (APRA) have entered into a memorandum of understanding regarding the supervision of CFTC-registered swap...