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In Reversal, SEC Agrees That Its Administrative Law Judges Are Inferior Officers That Require Commission Appointment, But Still Seeks Supreme Court Review To Resolve Circuit Split
  • Shearman & Sterling LLP
  • USA
  • December 12 2017

On November 29, 2017, the U.S. Solicitor General submitted a brief to the United States Supreme Court in Lucia v. Securities and Exchange Commission

Arbitrability of Venue Questions
  • Baker McKenzie
  • USA
  • December 7 2017

Appellant Bamberger Rosenheim, Ltd. (“Bamberger”) is an Israeli company, that raises capital for real estate investments. Appellee OA Development, Inc

DOL Proposes Rescission of Regulations that Restrict Tip Pooling
  • Spencer Fane LLP
  • USA
  • December 6 2017

On December 5th, 2017, the U.S. Department of Labor, Wage and Hour Division will publish a Notice of Proposed Rulemaking (“NPRM”) and a request for

SEC About-Face, About Time, on ALJs
  • Burr & Forman LLP
  • USA
  • December 1 2017

On November 29, the SEC did an about-face and admitted its ALJs are “inferior officers” (not merely employees) subject to the Constitution’s Article

The SEC Changes Course on its Defense of ALJs
  • Squire Patton Boggs
  • USA
  • November 30 2017

For the past few years, the SEC has been battling challenges to the constitutionality of its administrative proceedings. Today, in a drastic shift in

Use of Testimony Compelled in Foreign Jurisdictions
  • Steptoe & Johnson LLP
  • USA, United Kingdom
  • November 29 2017

In November, the US Circuit Court for the Second Circuit declined to rehear en banc its July 19, 2017 decision in United States v. Allen, which

In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for FCA Claims
  • Saul Ewing Arnstein & Lehr LLP
  • USA
  • November 17 2017

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”

Does your D&O policy cover government investigations?
  • Reed Smith LLP
  • USA
  • November 16 2017

Policyholders need to be aware of a recent Tenth Circuit decision, MusclePharm Corp. v. Liberty Insurance Underwriters, Inc. No. 16-1462, 2017 WL

Tenth Circuit Holds that Governmental Investigation of Potential Criminal Violations is Not a “Claim” Under a D&O Policy
  • Barnes & Thornburg LLP
  • USA
  • November 14 2017

Would your directors and officers (D&O) liability insurance policy provide coverage for responding to government investigations under a new decision

US Employment Litigation Round-Up for October 2017
  • Mayer Brown LLP
  • USA
  • November 14 2017

On October 17, 2017, the US Court of Appeals for the Tenth Circuit overturned the US Department of Labor Administrative Review Board's (ARB) decision