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SEC Proposes Rules To Implement Dodd-Frank Whistleblower Program
On November 3, 2010, by a unanimous vote, the Securities and Exchange Commission proposed rules to implement the whistleblower incentives and protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"). Set forth in Section 922 of Dodd-Frank and...
Read MoreHelping Chinese Companies Access U.S. Capital Markets
Editor: Tell us about your professional backgrounds . Auguste: I joined Kramer Levin as a partner in 2005. I had been doing a significant number of PIPE and SPAC transactions when those were in vogue. I am currently spending a fair amount of time working on transactions involving Chinese companies...
Read MoreNew York Department Of Labor Interprets Section 193 Of Labor Law As Forbidding Deductions From Wages For Amounts Owed To An Employer
In an opinion letter dated January 10, 2010, the New York State Department of Labor ("NYDOL") stated its position that employers cannot deduct from an employee's wages amounts owed by the employee to his employer, including for overpayments or repayment of a loan, even with the employee's written...
Read MoreArbitration Update: Favorable Developments For Employers
Recent decisions rendered by the United States Supreme Court, the United States Court of Appeals for the Second Circuit and the New York State Court of Appeals generally bode well for employers with respect to the enforcement of their arbitration agreements with employees. In Stolt-Nielsen v....
Read MoreDodd-Frank's Impact On Securities Enforcement And Litigation
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"), one of the most wide-ranging legislative efforts at financial reform since the Great Depression. While much of the Act focuses on significant financial regulatory...
Read MorePension Committee Revisited: Eight Months Later
Introduction Eight months ago, Judge Shira A. Scheindlin of the Southern District of New York issued a notable opinion in Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al. , 685 F. Supp. 2d 456 (S.D.N.Y. Jan. 15, 2010 as amended May...
Read MoreExperience Counts When Involved In An SEC Investigation
Editor: Would each of you tell our readers about your backgrounds and the composition of your current practice? Berke: I am co-head of our white collar criminal defense and government investigations group, which represents companies and individuals in all types of investigations. We represent...
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