Monthly Archives: August 2011

Recent Ruling Provides Roadmap For Potential Dodd-Frank Challenges

“Last month’s ruling by the U.S. Court of Appeals for the District of Columbia Circuit (the “Court”) in the closely watched case of Business Roundtable v. SEC1 not only overturned the landmark Securities and Exchange Commission (the “SEC”) shareholder proxy access rule, but also created a potential roadmap for businesses and industry groups seeking to… Read more »

European Securities Law: 5 Areas to Watch

Culled from commentary and updates by lawyers and law firms on JD Supra, five securities practices and products that are coming under increased scrutiny by European authorities:  1. UCITS Exchange-Traded Funds and Structured UCITS “On July 22, the European Securities and Markets Authority published a discussion paper Policy Orientations on Guidelines for UCITS Exchange-Traded Funds… Read more »

FINRA Rule 1230(b)(6): New Registration Requirements for Operations Professionals

We’re seeing growing interest in the Financial Industry Regulatory Authority’s new registration, examination and continuing education requirements for operations personnel of FINRA member broker-dealers (including senior management, supervisors, and other “back office” personnel with authority), which go into effect on October 17, 2011. We’ll continue to update this reading list as additional updates on the new rule come… Read more »

Doc of the Day: International Business During Regime Change – Libya, Syria, and Beyond

An interesting update today from law firm Reed Smith, writing about the added complications of conducting international business during times of unrest and regime change. Timely analysis, indeed, as the world watches the dramatic events unfolding in Libya’s capital and pressure mounts on Syrian President Assad to step down.Titled Regime Change and State Contracts, today’s… Read more »

Dodd-Frank Update: Appeals Court Vacates SEC Proxy Access Rule

On July 22, the US Court of Appeals for the District of Columbia Circuit, in Business Roundtable v. Securities & Exchange Commission, vacated the SEC’s shareholder proxy access rule. For your reference, a roundup of legal commentary and analysis regarding the ruling: D.C. Circuit Invalidates SEC’s Proxy Access Rules (Sheppard Mullin Richter & Hampton LLP): “Earlier… Read more »

Stern v Marshall: Analysis of SCOTUS Bankruptcy Courts Decision

For your reference, here’s what you need to know about the Supreme Court’s Stern v Marshall ruling that bankruptcy courts don’t have the constitutional authority to rule on state law counterclaims:   A Shock to the Core: The Supreme Court Pries Jurisdiction Away From Bankruptcy Courts on Counterclaims to Proofs of Claim, And Possibly More (Sheppard Mullin Richter… Read more »

Text Copy: Appeals Court Rules Against Obama Healthcare Law | Florida v. HHS

See below for a full text copy of today’s Appeals Court decision ruling Obama’s mandated healthcare legislation (Obamacare) unconstitutional.The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage in the individual mandate. But the opinion also finds that the rest of the law… Read more »