ArticleDecision Of Interest - Regulatory Takings Industry Suffers Setback With High Court’s <I>Tahoe</I> Decision Volume XVI, Number 7United StatesLitigation, Mediation & ArbitrationBingham McCutchen
ArticleSEC Issues Proposed Rules Affecting Hedge Funds And Other Pooled Investment VehiclesOn December 27, 2006, the Securities and Exchange Commission published two sets of proposed new rules. Many pooled investment vehicles, including hedge funds, venture capital funds, private equity funds, listed closed-end funds, and mutual funds, will be affected by one or both sets of rules.United StatesFinance and BankingBingham McCutchen
ArticleThe NYSE - NASD Merger And Rule HarmonizationThe NYSE and NASD have recently taken significant steps towards completing the merger of their member-regulation functions. On March 16, 2007, the NYSE and NASD announced appointments to senior staff positions at the new (as yet unnamed) SRO.United StatesCorporate/Commercial LawBingham McCutchen
ArticleCorporate Update: SEC Adopts Standards Relating to Form 8-K Disclosure Requirements and Acceleration Of Filing DateThe Securities and Exchange Commission ("SEC") on March 16, 2004 adopted a final rule significantly amending the requirements for disclosure on Form 8-KUnited StatesFinance and BankingBingham McCutchen
ArticleCalifornia To Require Pooled Investment Vehicle Managers To Register As Investment Advisers And Also Proposes Changes In Its Books And Records Rules And Reporting Requirements For Broker-Dealers And Investment AdvisersThe California Department of Corporations (the "Department") recently announced plans to delete an exemption from registration for certain investment advisers that has been on the books since 2002.United StatesFinance and BankingBingham McCutchen
ArticleSecurities and Exchange Commission Publishes Proposed Interpretive Guidance Regarding Soft DollarsOn October 19, 2005, the Securities and Exchange Commission (the "Commission") published on its website the Commission’s proposed interpretive guidance (the "Interpretive Release") on soft dollar practicesUnited StatesFinance and BankingBingham McCutchen
ArticleSEC Adopts Standards Relating to Listed Company Audit CommitteesOn April 9, 2003, the Securities and Exchange Commission (the "SEC") published final rules regarding standards for listed company audit committees, as directed by Section 301 of the Sarbanes-Oxley Act of 2002 United StatesCorporate/Commercial LawBingham McCutchen
ArticleCEO and CFO Certifications and Corporate Disclosure ControlsUnited StatesAccounting and AuditBingham McCutchen
ArticleEnforcing the "Non-Binding" Letter of IntentUnited StatesLitigation, Mediation & ArbitrationBingham McCutchen
ArticleSwaps Regulation Under Dodd-Frank: Key Issues For Fund Sponsors And AdvisersTitle VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act provides a detailed framework for regulating the swaps market and market participants. United StatesFinance and BankingBingham McCutchen
ArticleSEC Adopts Auditor Independence and Workpapers Retention RulesUnited StatesAccounting and AuditBingham McCutchen
ArticleThe 2005 Class Action Fairness Act: What It Does, What It Doesn’t Do, And What It Means For The FutureOn February 18, 2005, President Bush signed into law the Class Action Fairness Act of 2005 ("CAFA"), calling it "a practical way to begin restoring common sense and balance to America’s legal system." CAFA is effective immediately, and will apply to all civil actions filed on or after its enactment.United StatesCorporate/Commercial LawBingham McCutchen
ArticleFINRA Issues Regulatory Notices On Foreign Research Analysts, Third-Party Research Reports And Unauthorized Proprietary TradingFINRA recently issued three Regulatory Notices addressing: (1) the rules governing exemptions from the research analyst qualification examination for foreign research analysts; (2) the rules governing member firm disclosure and supervisory review obligations for third-party research reports; and (3) sound practices to prevent and detect unauthorized proprietary trading.United StatesCorporate/Commercial LawBingham McCutchen
ArticleWorking Together on a Unified DefenseUnited StatesLitigation, Mediation & ArbitrationBingham McCutchen
ArticleLenders Beware: Environmental Conditions At Distressed Property Pose Risks For Foreclosing LendersForeclosing lenders can be assessed liability for environmental conditions on distressed property under a variety of federal, state, common, and municipal laws. United StatesEnvironmentBingham McCutchen LLP
ArticleCommunications Tower Siting: The FCC’s Historic Preservation and Environmental Compliance ActivitiesThe Federal Communications Commission has continued implementing its "environmental and historic preservation action plan announced in May 2003United StatesMedia, Telecoms, IT, EntertainmentBingham McCutchen
ArticleImpact of the Bankruptcy Abuse Prevention and Consumer Protection ActOn April 20 2005, after almost a decade of effort by both congressional houses and a multitude of lobbyists, the president signed the Bankruptcy Abuse Prevention and Consumer Protection Act 2005.United StatesStrategyBingham McCutchen
ArticleReview Of The SEC Proposed Amendments To The Broker-Dealer Financial Responsibility RulesThe SEC is considering changing Rule 15c3-3 to codify the relief granted under a no-action letter regarding the proprietary accounts of introducing brokers (PAIB Letter). New paragraph (e) would require broker-dealers carrying proprietary accounts of other broker-dealers (PAB accounts) to perform a separate reserve account calculation and deposit funds into a separate reserve account at a bank for these PAB accounts. United StatesFinance and BankingBingham McCutchen
ArticleSEC And FINRA Identify 2008 Broker-Dealer Examination PrioritiesRecently both FINRA and the SEC issued guidance to broker-dealers identifying focus areas and priorities of their respective examination programs in 2008. In particular, on March 24, 2008, FINRA issued a letter to all FINRA member firms to "highlight new and existing areas that are of particular significance" with regard to its 2008 exam priorities.United StatesFinance and BankingBingham McCutchen
ArticleFinCEN Issues Guidance On FATF’s Designation Of Jurisdictions With AML/CFT DeficienciesOn September 17, 2013, the Financial Crimes Enforcement Network published an Advisory concerning recent updates by the Financial Action Task Force to its designation of jurisdictions with strategic anti-money laundering/counter-terrorist financing deficiencies.United StatesGovernment, Public SectorBingham McCutchen