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Insurance Coverage & Recovery
Implementing Enterprise Risk Management
Editor: Please tell us about your professional background. Auslander: I am co-head of Willkie Farr’s litigation department and a member of the firm’s Executive Committee. I do general commercial litigation and specialize in insurance matters of all types. I have represented...
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Acquirors Beware: The Unintended Standstill Consequences Of Confidentiality Agreements
A recent Delaware Court of Chancery decision highlights the importance of careful review and negotiation of the confidentiality agreements typically entered into at the beginning of the merger and acquisition process. In Martin Marietta Materials, Inc. v. Vulcan Materials Company (Del. Ch. 2012...
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The Second Circuit Weighs In On Challenges To Class Certification In MBS-Related Litigation
The Second Circuit recently issued a decision that will impact the scope of class actions in mortgage backed securities-related litigation. In N.J. Carpenters Health Fund v. RALI Series 2006-Q01 Trust, Nos. 11-1683 & 11-1684 (2d Cir. 2012), the court affirmed a district court decision...
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Financial Stability Oversight Council Releases Final Rule Regarding Designation Of Nonbank Financial Companies
On April 3, 2012, the Financial Stability Oversight Council (“FSOC”) released a final rule (the “Release”) and interpretive guidance (the “Guidance,” and together with the Release, the “Final Rule”) implementing section 113 of the Dodd-Frank Act,...
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New Swap Data Recordkeeping And Reporting Rules
The Commodity Futures Trading Commission has issued a final rule[1] regarding reporting and recordkeeping with respect to swaps. The effective date of the rule is March 13, 2012; compliance dates are dependent upon the completion of other CFTC rulemakings. I. Reporting Of Swaps A....
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CFTC Adopts Final Business Conduct Standards For Swap Dealers And Major Swap Participants
The Commodity Futures Trading Commission recently adopted final rules[1] regarding the business conduct standards with which swap dealers (“SDs”) and major swap participants (“MSPs”) must comply when entering into swaps with counterparties or advising clients regarding...
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Final DOL Regulations Require Compensation Disclosure By ERISA Service Providers
The Department of Labor has issued final regulations under Section 408(b)(2) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Often referred to as the “Necessary Services Exemption,” Section 408(b)(2) of ERISA provides relief from ERISA...
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