Saturday, November 1, 2014

BNA INSIGHTS: Sixth Circuit Finds Stored Communications Act Unconstitutional, Providing Further Momentum for Electronic Communications Privacy Act Reform, Possible Supreme Court Review

A recent decision by the United States Court of Appeals for the Sixth Circuit invalidating part of the Stored Communications Act (SCA) casts doubt on law enforcement’s ability to access e-mail communications without a warrant, and renews questions about updating the Electronic Communications Privacy Act (ECPA)…

BNA INSIGHTS: Evaluating Attorney Fee Requests in Mergers & Acquisitions Litigation

When a corporation announces a proposed merger or acquisition transaction, or rejects a tender offer, it has become routine for lawsuits to be filed on behalf of the corporation’s stockholders against the corporation and its board of directors. If the terms of the proposed transaction are thereafter improved or supplemental disclosures made, plaintiffs request that the corporation pay attorneys’ fees…

BNA INTERVIEW: FTC’s Vladeck Sees Game-Changing Proposals in Agency’s Privacy Report

While much of the discussion around a recently-unveiled Federal Trade Commission staff report on privacy has focused on a proposed “do-not-track” mechanism for the internet, the document contains other game-changing recommendations, according to David Vladeck, director of the FTC’s Bureau of Consumer Protection.

BNA INSIGHTS: Courts, Congress, and Agencies Adjust IP Law to Meet the Domestic and Global Challenges of the New Decade

The patent community was in rapt anticipation throughout the first half of 2010, waiting for the U.S. Supreme Court’s Bilski decision…

Obama’s Innovation Focus, Leahy’s Patent Reform, House’s Patent and Trademark Office Review—All in One Day

For patent community stakeholders who like government attention to their concerns, Jan. 25 was a banner day…

Sarbanes-Oxley Whistleblower Protections Extend to Reporting of Client’s Violations, Court Rules

The Sarbanes-Oxley Act’s whistleblower protections are applicable to the reporting by a former J.P. Morgan Chase & Co. (JPM) vice president of possible securities law violations by a long time client, the…

SEC Adopts Say-on-Pay Requirements, Proposes ‘Accredited Investor’ Amendment

A divided Securities and Exchange Commission Jan. 25 voted 3-2 to adopt a new rule to implement provisions in the financial reform legislation that provide shareholders with advisory votes on…

CFTC Proposes Rules Equating Derivatives on Agricultural Products with Other Swaps

The Commodity Futures Trading Commission proposed two rules Jan. 20—one that generally would permit the transaction of agricultural swaps under the same terms as any other swap, and another addressing the required documentation between counterparties regarding the…

ANALYSIS: Bank Bailout Program Seen to Benefit Big Banks More Than Small Ones; $49 Billion Unpaid

January 25, 2011 in Banking Report · Leave a Comment 

The Troubled Asset Relief Program responsible for $205 billion in bank bailouts has recouped most of the funds but small and medium-sized banks are struggling to repay their debt obligation and may take years to exit the program if they emerge at all, according to…

Supreme Court Defers to Fed Brief in Credit Card Case; Ruling May Ease Litigation Threat for Banks

January 25, 2011 in Banking Report · Leave a Comment 

A Jan. 24 ruling by the U.S. Supreme Court may be good news for bankers who worried that an older credit card regulation could come back to haunt them (Chase Bank USA N.A. v. McCoy, U.S., No. 09-329, 1/24/11).
In a unanimous decision, the court ruled for Chase Bank USA N.A., rejecting class claims that the bank should have alerted James A. McCoy and other…

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