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  • FCPA Developments: BNY Mellon Agrees to Pay $14.8 Million in SEC Settlement | Firm Memoranda | Cahill Gordon & Reindel LLP
    Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda FCPA Developments BNY Mellon Agrees to Pay 14 8 Million in SEC Settlement Date 08 25 15 On August 18 2015 the Securities and Exchange Commission SEC announced that BNY Mellon an American banking and financial services firm agreed to pay 14 8 million to settle charges that it violated the Foreign Corrupt Practices Act FCPA by providing student internships to family members of foreign officials affiliated with a Middle Eastern sovereign wealth fund In a cease and desist order the SEC accepted BNY s settlement offer without admitting or denying to violations of both the anti bribery and internal accounting controls provisions of the FCPA FCPA Developments BNY Mellon Agrees to Pay

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130385 (2016-02-13)
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  • FTC Issues Statement of Enforcement Principles Interpreting “Unfair Methods of Competition” Under Section 5 of the FTC Act | Firm Memoranda | Cahill Gordon & Reindel LLP
    Litigation White Collar Defense Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda FTC Issues Statement of Enforcement Principles Interpreting Unfair Methods of Competition Under Section 5 of the FTC Act Date 08 21 15 The Federal Trade Commission the FTC or Commission issued a Statement of Enforcement Principles policy statement addressing the unfair competition clause of Section 5 of the 1914 Federal Trade Commission Act FTC Act The one page policy statement released last week sets out three principles and appears to be the product of a compromise It is notable for being the first albeit laconic articulation of the FTC s interpretation of the unfair competition clause of Section 5 but it likely does not portend significant changes

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130384 (2016-02-13)
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  • Second Circuit Clarifies Important Procedural Question under Federal Arbitration Act | Firm Memoranda | Cahill Gordon & Reindel LLP
    Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda Second Circuit Clarifies Important Procedural Question under Federal Arbitration Act Date 08 03 15 In a decision that deepens

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130382 (2016-02-13)
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  • Recent Cases Consider Challenges to Constitutionality of SEC's Administrative Law Judges | Firm Memoranda | Cahill Gordon & Reindel LLP
    Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda Recent Cases Consider Challenges to Constitutionality of SEC s Administrative Law Judges Date 07 31 15 Since the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010 Dodd Frank expanded the authority of the Securities and Exchange Commission SEC to seek civil penalties through administrative proceedings the SEC has brought as one court observed an ever increasing number of enforcement actions within its own administrative scheme rather than in federal court In 2014 for instance the SEC initiated 43 of its litigated actions as administrative proceedings This shift may be due at least in part to the reported advantage the SEC enjoys before its own Administrative Law Judges ALJs From October 2010 through March 2015 the SEC won 90 of its litigated administrative proceedings By comparison

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130381 (2016-02-13)
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  • D.C. Circuit: Section 4E of the Exchange Act Does Not Bar SEC from Commencing Action More than180 Days After Issuance of Wells Notification | Firm Memoranda | Cahill Gordon & Reindel LLP
    Media Litigation Insurance and Reinsurance Litigation Securities Litigation White Collar Defense Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda D C Circuit Section 4E of the Exchange Act Does Not Bar SEC from Commencing Action More than180 Days After Issuance of Wells Notification Date 07 15 15 On July 10 2015 the United States Court of Appeals for the District of Columbia Circuit held that the 180 day requirement set forth in Section 4E of the Securities Exchange Act of 1934 for the Securities and Exchange Commission SEC or the Commission to file an enforcement action after the issuance of a Wells notification is not jurisdictional D C Circuit Section 4E of the Exchange Act Does Not Bar SEC

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130380 (2016-02-13)
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  • New York Court of Appeals Clarifies Accrual of Statute of Limitations for Mortgage Repurchase Agreements | Firm Memoranda | Cahill Gordon & Reindel LLP
    Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda New York Court of Appeals Clarifies Accrual of Statute of Limitations for Mortgage Repurchase Agreements Date 06 19 15 On June 11 2015 the New York Court of Appeals held that for breach of contract claims arising from customary mortgage loan repurchase agreements the State s six year statute of limitations accrues when the agreement is executed I Factual Background As sponsor to the securitization at issue in the case defendant DB Structured Products Inc DBSP purchased over 8 000 mortgage loans from third party originators DBSP then sold the pool of loans to plaintiff ACE Securities Corp To facilitate the transaction the parties executed a mortgage loan repurchase agreement MLPA on March 28 2006 the closing date ACE then transferred the pool to a mortgage

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130378 (2016-02-13)
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  • Delaware Supreme Court Makes Litigation Against Independent Directors More Difficult | Firm Memoranda | Cahill Gordon & Reindel LLP
    Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda Delaware Supreme Court Makes Litigation Against Independent Directors More Difficult Date

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130376 (2016-02-13)
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  • ERISA’s Fiduciary Duty Includes Continuing Duty to Monitor Trust Investments | Firm Memoranda | Cahill Gordon & Reindel LLP
    Reinsurance Litigation Securities Litigation White Collar Defense Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Firm Memoranda ERISA s Fiduciary Duty Includes Continuing Duty to Monitor Trust Investments Date 05 19 15 On May 18 2015 in Tibble v Edison International the Supreme Court of the United States held that a fiduciary s duty under the Employee Retirement Income Security Act of 1974 ERISA includes a continuing obligation to monitor trust investments and remove imprudent investments In so ruling the Court held that a plaintiff may timely allege a breach of fiduciary duty for investments originally made outside ERISA s six year statute of limitations provided the breach of the continuing duty to monitor occurred within six years of the lawsuit

    Original URL path: http://www.cahill.com/publications/firm-memoranda/10130375 (2016-02-13)
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