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  • Client Alert
May 10, 2013
On March 27, 2013, in a 5-4 decision of a very divided bench, the U.S. Supreme Court held plaintiffs in a class action must demonstrate damages attributable to a class-wide injury may be measured on a class-wide basis to qualify for certification.
May 9, 2013
May 3, 2013

On April 10, 2013, the Obama Administration (the Administration) released its 2014 fiscal year budget (the Budget). This Client Alert summarizes the key proposals impacting plan sponsors as described in the Budget and the Department of the Treasury’s General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals. While it is unlikely the entire Budget will be enacted, parts of it may be passed in some form.

April 22, 2013
April 9, 2013
As noted in our March 28, 2013 Client Alert, on March 15, 2013 the federal Commodity Futures Trading Commission (CFTC) issued an advisory which stated that all swap participants needed to obtain a Legal Entity Identifier number (also known as an LEI or CICI) prior to April 10, 2013. While the language of the CFTC’s advisory was unambiguous, it conflicted with a prior CFTC regulation which provided participants in existing swaps until October 7, 2013 to obtain a CICI (although anyone entering into a new swap on or after April 10 must have a CICI when entering into the new swap). Although some CFTC staff have reportedly orally acknowledged the October 7 date is correct, the CFTC has not yet officially clarified the advisory.
April 2, 2013

With the independence rules now finalized by the compensation committee, there are only four corporate governance, compensation, and disclosure-related rules left to be promulgated by the SEC under Dodd-Frank.

March 29, 2013
March 28, 2013

As part of the reporting regime under the Dodd-Frank Wall Street Reform and Consumer Protection Act, all parties to swap agreements (Swap Participants), including municipal issuers, need to have Legal Entity Identifier numbers (also known as LEIs or CICIs) that are used when dealers report swaps. Note this requirement even applies with respect to certain swaps that already have been terminated to the extent they were in effect on or after April 25, 2011. Read this client alert for more information about the need to apply for or certify LEIs.

March 22, 2013

The current of court decisions regarding whether employment class actions can be waived by signed individual employee arbitration agreements is beginning to come to shore. This client alert details one of the first cases to dock―a decision by the United States Second Circuit Court of Appeals entitled Parisi v. Goldman Sachs. In Parisi, a former Goldman Sachs & Co. managing director brought a class action alleging a pattern and practice of sex discrimination at the company.

March 22, 2013

On March 21, 2013 Congress passed H.R. 933―also known as the Continuing Resolution. This was the last hurdle necessary before the CDFI Fund could implement the next stages of the Program.

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