After four failed attempts at persuading federal appellate courts to hear constitutional challenges to SEC administrative courts, it is increasingly clear that defendants in SEC in-house proceedings will not be able to pursue an early out because of...
Cuozzo Speed Techs., LLC v. Lee, __ U.S. __ (June 20, 2016) (Breyer, J.; concurrence by Thomas; partial concurrence and dissent by Alito, with Sotomayor joining) Yesterday, the Supreme Court affirmed the Federal Circuit’s decision that (a) it...
On June 16, 2016, the US Securities and Exchange Commission (“SEC”) issued a proposed rule, which, if adopted, would amend disclosure requirements for mining company issuers. The key changes proposed for mining companies are: (1) requiring the...
Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential information in the public domain,...
The day the UAS industry has been waiting for is finally here. The US Federal Aviation Administration has just announced the release of 14 CFR Part 107, which sets out the operating rules for all small unmanned aircraft. This new regulatory system...
Today, Treasury and the IRS released proposed regulations under §457 of the Code, which governs the tax treatment of nonqualified deferred compensation paid to employees and independent contractors by tax-exempt organizations and state and local...
The Council of the European Union has adopted legislation to delay the application of the Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation by one year. This extension is due to concerns about the technical...
Late last month, the Ninth Circuit reversed a decision out of the Western District of Washington finding that a third party was not able to assert an arbitration provision. The underlying claim revolved around premium text messaging services, and a...
An overview of the proposed legislation - From the beginning of its term, part of this Liberal government’s mandate has been to improve access to affordable housing. On May 18, 2016, Bill 204, the Promoting Affordable Housing Act, 2016 passed...