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  • Article

    SEC Creates Safe Harbor for R&D Companies Under the Investment Company Act

    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Proposed NYSE Broker Voting Rule Revised

    On May 23, 2007, the New York Stock Exchange (NYSE) revised a previously proposed amendment to Rule 452 ("Giving Proxies by Member Organizations"), the NYSE rule that governs when brokers may submit proxies without having received voting instructions from their clients.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    California Shelves Proposal To Require Pooled Investment Vehicle Managers To Register As Investment

    On May 1, 2008, the California Department of Corporations ("the Department") announced that it is abandoning for the time being a proposal to require certain California investment advisers to register with the Department.
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    FINRA Files With SEC To Amend Rule On "Spinning" New Issues

    Rule 5131 is intended to curb abuses by FINRA members ("Members") and their associated persons in the allocation and distribution of "new issues."
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    District Court Denies Permanent Injunction In "MercExchange v. eBay"

    On Friday, July 27, 2007, Judge Friedman of the United States District Court for the Eastern District of Virginia denied Plaintiff MercExchange’s renewed motion for a permanent injunction against eBay to prevent the future use of the patented "Buy It Now" feature.
    United StatesIntellectual Property
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Potential Effects On The CLO Market Of The Proposed Risk Retention Rules

    The re-proposal of the risk retention rules, which generally applies to all asset-backed securities, contains new provisions which are intended to regulate collateralized loan obligation transactions.
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    New Rules Regarding Disclosure of Non-GAAP Financial Measures

    United StatesAccounting and Audit
    Bingham McCutchen
    Bingham McCutchen
  • Article

    NYSE and Nasdaq Rules Regarding Shareholder Approval of All Equity-Compensation Plans

    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    The FCC Establishes That Leaseholders Have An Unfettered Right To Operate Wi-Fi Hotspots In Leased Space

    The FCC recently released its Memorandum Opinion and Order ("Order") in ET Docket No. 05- 247 clarifying that landlords may not restrict unlicensed device operations, such as low power Wi-Fi systems, installed within a leaseholder’s rented interior space.
    United StatesMedia, Telecoms, IT, Entertainment
    Bingham McCutchen
    Bingham McCutchen
  • Article

    SEC Issues Guidance On Investment Advisers’ Business Continuity Plans

    The Securities and Exchange Commission's Office of Compliance Inspections and Examinations recently issued a National Exam Program Risk Alert regarding investment advisers' business continuity and disaster recovery planning.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    SEC Adopts Rule Requiring Electronic Identification of Series and Classes

    The Securities and Exchange Commission ("SEC") recently adopted new Rule 313 under Regulation S-T, under which open-end management investment companies and insurance company separate accounts that register on Forms N-1A, N-3, N-4 and N-6 ("Registrants") are required to (i) obtain identifiers for their series, classes and contracts; (ii) electronically identify for which series and classes (or contracts) of the Registrant a particular filing is made; and (iii) keep such information current.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Discovering And Proving The Source Of E-Mail Or Web Site Communications

    United StatesMedia, Telecoms, IT, Entertainment
    Bingham McCutchen
    Bingham McCutchen
  • Article

    The FTC’s New Disposal Rule for Consumer Information Impacts Employers

    Effective June 1, 2005, the FTC’s Disposal Rule requires businesses to take appropriate measures to protect consumer information from unauthorized access or use during or after its disposal.
    United StatesEmployment and HR
    Bingham McCutchen
    Bingham McCutchen
  • Article

    FINRA Seeks To Delay The Effective Date Of The Principal Review Provisions Of Its New Variable Annuity Sales Rule And Suggests That Further Review May Be Warranted

    On December 21, 2007, FINRA filed a proposed rule change with the SEC seeking to delay until August 4, 2008, the effective date of the principal review provisions of its new variable annuity sales rule, 2821.
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Rakoff Decision Supports Expanded Use Of FIRREA As An Enforcement Tool

    On August 16, 2013, United States District Judge Jed Rakoff issued a 24-page opinion explaining an earlier two-page order in which he upheld claims against Countrywide Financial Corporation and certain of its affiliates under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 while dismissing claims under the False Claims Act.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Employer Communication to Private Regulatory Body Can Be Basis of Motion to Strike Defamation Claim

    A May 19, 2005 decision by the California Court of Appeals strengthens an employer’s protection from claims of defamation and interference with prospective advantage stemming from communications concerning possible employee wrongdoing made to a public or private regulatory body.
    United StatesEmployment and HR
    Bingham McCutchen
    Bingham McCutchen
  • Article

    As The Summer Wound Down … FINRA Amended The "Publicity Rule" (Rule 8313) And Discussed Best Practices In Business Continuity Plans

    In the past few weeks, FINRA published several Regulatory Notices, two of which should be of interest to all broker-dealers
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Department Of Homeland Security Finalizes Regulations On No-Match Letters

    The Immigration and Customs Enforcement ("ICE") Agency of the Department of Homeland Security ("DHS") announced its final regulation on Social Security Administration ("SSA") "no-match" letters, despite overwhelming and nearly unanimous opposition from business and labor alike.
    United StatesImmigration
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Copyright’s Fair Use Doctrine: The Latest Chapter

    While recognizing the enormous public benefit that search engines like Google provide, a California federal court nevertheless granted a plaintiff’s motion for a preliminary injunction against the Internet search giant from creating and displaying thumbnail versions of the plaintiff’s copyrighted photos in Google’s image search results.
    United StatesIntellectual Property
    Bingham McCutchen
    Bingham McCutchen
  • Article

    SEC Proposes Rule That Would Require Certain Investment Advisers, Broker- Dealers And Other Financial Institutions To Disclose Incentive Compensation Arrangements To Government

    On March 2, 2011, the United States Securities and Exchange Commission, on a split vote, proposed a new rule (the "Proposed Rule") requiring the disclosure of incentive-based compensation arrangements at certain financial institutions with total assets of $1 billion or more, including broker-dealers and investment advisers registered with the SEC.
    United StatesFinance and Banking
    Bingham McCutchen LLP
    Bingham McCutchen LLP

Showing 41–60 of 116 results

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