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Showing 14 Results

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DOL Update: Compliance with the Fiduciary Rule, Other DOL Initiatives, and Recent DOL Enforcement Activities

One-Hour Briefing  One-Hour Briefing

On April 6, 2016 the Department of Labor (DOL) released the long-awaited ERISA Fiduciary Regulation.  The rule re-writes the definition of “investment advice” and is accompanied by the Best Interest Contract Exemption, which sets forth a labyrinthine scheme of required terms, disclosures, and exception.  At the same time, DOL has been busier than ever aggressively pursuing its enforcement initiatives and filing litigation nationwide.  ...

Spokeo, Inc. v. Robins: The Supreme Court Acts with Respect to Statutory Damages Class Actions

One-Hour Briefing  One-Hour Briefing

The U.S. Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins addressed the injury-in-fact requirement for Article III standing needed to file suit in federal court.  In particular, the certiorari petition filed in the case asked whether “Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing ...

Defend Trade Secrets Act of 2016: Congress Enacts Federal Civil Trade Secret Protections

One-Hour Briefing  One-Hour Briefing

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, which immediately created, for the first time ever, a federal civil cause of action for misappropriation of trade secrets. The DTSA adds a federal cause of action to existing state trade secrets laws, which are largely governed by statutes based on the Uniform Trade Secrets Act. The DTSA became effective immediately and creates a claim for any act of misappropriation which ...

Cyber Securities Litigation: When Data Breaches Become Fraud Suits

One-Hour Briefing  One-Hour Briefing

Investors and corporations alike have become increasingly concerned about the dramatic uptick in widespread data breaches.  While the threat these breaches pose to the privacy of  customers and businesses is well understood, there has been less focus on another alarming consequence of cyber piracy—the potential for breaches to give rise to major securities fraud cases. Such litigation has been relatively limited to date for a couple ...

Another Brick in the Wall: The Fed Reproposes Single-Counterparty Credit Limits for Large Banking Organizations

One-Hour Briefing  One-Hour Briefing

On March 4, 2016, the Board of Governors of the Federal Reserve System (the “Fed”) issued a Notice of Proposed Rulemaking (“NPRM”), inviting comment on reproposed rules (the “Reproposed Rules”) that would establish single counterparty credit limits for U.S. bank holding companies (“BHCs”) and foreign banking organizations (“FBOs”) with at least $50 billion in total consolidated assets. Pursuant ...

Canadian Securities Law Developments: Making Sense of Extending Offerings into Canada

One-Hour Briefing  One-Hour Briefing

Canada presents unique challenges for U.S. and global investment banks that wish to make international securities offerings available to Canadian investors.  Change is a constant feature of the Canadian landscape, with new rules and regulations sometimes simplifying the requirements for making Canadian private placement sales, and sometimes introducing even more complexity.    In this briefing, Rob Lando of Osler, Hoskin & ...

Effective Mediation Advocacy: Do’s and Don’ts

One-Hour Briefing  One-Hour Briefing

In order to represent a client effectively in mediation, a lawyer must be familiar with the mediation process, the goals and objectives of mediation, and negotiation strategy at the bargaining table.  Although every settlement negotiation is unique, mediations tend to succeed, or fall apart, for similar reasons.  In this presentation, Marc E. Isserles, a JAMS neutral, will present the mediator’s perspective on what tends to work and ...

Cybersecurity in the Age of Regulators Gone Wild

One-Hour Briefing  One-Hour Briefing

Companies face a new cybersecurity foe: federal regulatory agencies. The Federal Trade Commission, Consumer Financial Protection Bureau, the Securities and Exchange Commission, and other agencies are now proceeding full steam ahead with enforcement actions against companies they believe are not taking adequate or reasonable steps to protect themselves or others from cyber threats.  Will this unfortunate trend become a permanent reality for companies, ...

Working with Homeless Youth: Patching the Broken Safety Net – Legal Options, Advocacy Strategies, and Policy Solutions

One-Hour Briefing  One-Hour Briefing

FREE Few groups of children are as maligned or as misunderstood as homeless youth.  Alternatively characterized as runaways and victims, as incorrigible and misunderstood, homeless youth provoke strong, contradictory, and often inaccurate reactions.  They also happen to be a group of children who are most often  in need of a lawyer because of myriad civil legal needs arising from systems which are not responsive but which legally ...

Robo-Advisers and Digital Advice: The Emerging Regulatory Framework

One-Hour Briefing  One-Hour Briefing

The dramatic rise in automated investment platforms (including robo-advisers) is drastically changing the traditional landscape for registered broker-dealers and advisers.  These services  are appealing to younger generations of millennial investors by utilizing technologically-savvy online investment tools that operate seamlessly on personal devices, such as smart-phones and tablets.  Indeed, a report cited by Bloomberg estimated that ...

Panama Papers: Highlighting the Risks for Financial Institutions and Professional Service Providers

One-Hour Briefing  One-Hour Briefing

The leak of more than 11 million documents known as the “Panama Papers” and the subsequent disclosures concerning offshore companies – many controlled by senior government officials or their families and friends, as well as entertainers, and others who are not public figures—has shined a bright light on the use of shell companies.  While there are legitimate reasons for concealing the ownership or control of businesses ...

How to Conduct a Global Human Resources or Labor Compliance Audit—Including Cross-Border Employment Due Diligence

One-Hour Briefing  One-Hour Briefing

Globalization pushes multinationals to align ever-more aspects of their internal human resources across borders.  Today’s multinationals have globalized HR programs, workplace policies, employee benefits and staff offerings that back in another era would have been purely local. Think of, for example:  global HR policies and handbooks, global codes of conduct, global intranets and HR information systems, global expatriate programs, ...

Global Legal Challenges of Social Media Marketing

One-Hour Briefing  One-Hour Briefing

Brands are now, more than ever, marketing their products and services on a global basis and are increasingly using social media to do so.  Because of the global reach of such marketing platforms, the laws of multiple jurisdictions apply, making compliance difficult.  It’s critical for global advertisers to understand the pitfalls when using social media to reach consumers across borders.  This panel, all lawyers from the Global ...

Ethics and ERISA for the Inside/Outside Attorney: Addressing Conflicting Voices

One-Hour Briefing  One-Hour Briefing

The ERISA lawyer practices in an area that is particularly susceptible to concerns regarding conflicts of interest.  Clients and client representatives are often wearing the proverbial "two hats," and the personal interests of an individual client contact can diverge from those of the employer-client in a range of circumstances.  In addition, there can be special concerns for the ERISA attorney who serves as inside counsel.    Please ...

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