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  • Article

    California Governor Signs Fracking Bill

    On Friday, September 20, 2013, California Governor Jerry Brown signed into law a bill regulating hydraulic fracturing operations and other "well stimulation treatments" within the state.
    United StatesEnvironment
    Bingham McCutchen
    Bingham McCutchen
  • Article

    California Minimum Wage Increase Signed By Governor Brown — Set To Be Nation’s Highest By 2016

    California employers should take note of the recently approved increase in California’s minimum wage, which will raise California’s current rate of $8.00 per hour to $9.00 per hour by July 1, 2014, and to $10.00 per hour by January 1, 2016.
    United StatesEmployment and HR
    Bingham McCutchen
    Bingham McCutchen
  • Article

    A Guide To The Re-Proposed Credit Risk Retention Rules For Securitizations

    The SEC and various federal banking and housing agencies recently re-proposed the rules for retention of credit risk in securitizations that originally were proposed in 2011.
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Chief FTC Economist Appointed

    On September 9, the Federal Trade Commission announced that Martin Gaynor will serve as Director of the FTC’s Bureau of Economics starting October 1.
    United StatesAntitrust/Competition Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    China Unveils A Blacklist System For Recording Bad Conduct And Foul Play In The Field Of Outbound Investment And Foreign Trading

    On September 23, 2013, China’s Ministry of Commerce published a new trial measure jointly issued by it and eight other ministries that aims to collect and publish a list of Chinese and non-Chinese enterprises, organizations and individuals who have committed bad acts or engaged in foul play in connection with outbound investments or other commercial activities.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Court Deals Further Blow to Independent Chair Requirement

    On April 7, 2006, the United States Court of Appeals for the District of Columbia Circuit rendered a decision in the ongoing litigation challenging two aspects of the Securities and Exchange Commission's governance rule for mutual funds.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Mixed News From Equitas

    On June 21, 2005 Equitas, the entity set up to reinsure and run off the 1992 and earlier non-life liabilities of Lloyds of London syndicates, issued its Report and Accounts for the year ended March 31, 2005. The results are mixed.
    United StatesInsurance
    Bingham McCutchen
    Bingham McCutchen
  • Article

    The Art of Adaptation in the Telecom Industry

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

    New 2½ Month Grace Period Reduces "Use-It-Or-Lose-It" Risk Under Flexible Spending Account Plans

    On May 18, 2005 the Internal Revenue Service issued a Notice which permits sponsors of flexible spending account plans ("FSA plans") to extend, by up to 2½ months after the end of a plan year, the period during which employees may incur expenses that can be reimbursed from funds in the employees’ flexible spending accounts contributed for the plan year
    United StatesEmployment and HR
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Enforcers Look To Increase The Stakes, On A Global Scale, For Both Individual And Corporate Participants In International Cartels

    Senior enforcement officials and the heads of enforcement authorities for the European Union and six nations that have taken the lead in pursuing international cartels and price-fixing conspiracies have committed to greater coordination and increased sanctions, criminal fines, and prison sentences to deter future international cartel and price-fixing efforts.
    European UnionAntitrust/Competition Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Employers May Be Immune From Liability For Employees’ Personal Use Of Company Computers

    Many employers provide Internet access to their employees, allowing them to use the company email system for occasional personal use. When employees abuse that privilege and engage in unlawful conduct over the employer’s email system, is the employer liable?
    United StatesEmployment and HR
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Disapproving "Conley" Supreme Court Requires Conspiracy Complaint to Render Collective Action Plausible

    In Bell Atlantic v. Twombly, No. 05-1126, 2007 WL1461066 (May 21, 2007), the United States Supreme Court clarified the standard for motions to dismiss a complaint alleging an agreement or conspiracy in violation of § 1 of the Sherman Act.
    United StatesAntitrust/Competition Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Reining In Patent Trolls? Supreme Court To Address Standards For Fee Awards And Challenges To Fee Awards In Patent Disputes

    Federal patent law allows courts to award attorneys’ fees to prevailing parties in "exceptional cases."
    United StatesIntellectual Property
    Bingham McCutchen
    Bingham McCutchen
  • Article

    FCC Releases Instructions for and Modifications to Special Access Mandatory Data Collection

    The FCC’s Wireline Competition Bureau has recently issued an Order adopting a mandatory data collection in the special access proceeding.
    United StatesMedia, Telecoms, IT, Entertainment
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Inquiries By The Japan Regulators To Filers Under The Article 63 Exemption

    The Kanto Local Finance Bureau is currently issuing inquiry notices to entities that have made a filing to operate under the "Exemption for Special Business Activities Directed at Qualified Institutional Investors" as set forth under Article 63 of Financial Instruments and Exchange Act of Japan.
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    A Divided SEC Proposes CEO Pay Ratio Disclosure Rules

    On September 18, 2013, a divided SEC voted 3-2 to propose rules requiring U.S. public companies to disclose the ratio of the annual total compensation of the CEO to the median annual total compensation of all employees, better known as "pay ratio" disclosure.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    California Legislature Sends Fracking Bill To Governor’s Desk

    On September 11, 2013, California moved significantly closer to adopting a statewide regulatory framework for hydraulic fracturing operations after both the State Assembly and the Senate voted to approve Senate Bill 4.
    United StatesEnergy and Natural Resources
    Bingham McCutchen
    Bingham McCutchen
  • Article

    U.S. Securities And Exchange Commission Charges 23 Firms, Including Numerous Investment Advisers, With Shortselling Violations; Issues Risk Alert

    On September 16 and 17, 2013, the U.S. Securities and Exchange Commission announced 22 settled cases and one litigated case involving violations of Rule 105 of Regulation M.
    United StatesCorporate/Commercial Law
    Bingham McCutchen
    Bingham McCutchen
  • Article

    SEC Commissioners Meet To Consider Regulatory Changes Affecting Hedge Funds and Mutual Fund Governance

    The Securities and Exchange Commission held an open meeting on December 13, 2006, to consider, among other things, certain regulatory changes affecting investments in hedge funds and also affecting mutual fund governance.
    United StatesFinance and Banking
    Bingham McCutchen
    Bingham McCutchen
  • Article

    Tax Questions Confront VoIP Services

    Like Tom Cruise in the movie Jerry Maguire, federal, state and municipal taxing authorities are asking IP enabled voice and video services to ‘show them the money.’
    United StatesTax
    Bingham McCutchen
    Bingham McCutchen

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