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January 28, 2013
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Legal News in Brief

  Corporate Spotlight 
  • SEC targets weak trading controls, Khuzami says
    The Securities and Exchange Commission is "very focused" on ensuring that exchanges and traders that experience system or programming failure suffer consequences, Enforcement Director Robert Khuzami says. "You are going to see a variety of cases in this area," said Khuzami, who is poised to leave the agency soon. "It may not be an intent-based violation, but the consequences are real and harmful in terms of investor losses and market impact." Bloomberg Businessweek (1/25) LinkedInFacebookTwitterEmail this Story
  National News 
  • Fed is expected to continue bond buying for a while
    The Federal Reserve's policy committee is widely expected to leave the U.S. central bank's bond-buying program in place for a few more months. However, a debate is heating up within the Fed over when it should start to scale back its stimulus efforts. Fed governors who opposed the stimulus are becoming more vocal in calling for an early end to the asset purchasing. The New York Times (tiered subscription model) (1/27) LinkedInFacebookTwitterEmail this Story
  Legislative Dispatch 
  Employment Focus 
  Supreme Court and Federal Court Watch 
  • NLRB appointments breached U.S. Constitution, court says
    Recess appointments made by President Barack Obama to the National Labor Relations Board violated the Constitution because the Senate was not in recess, according to a federal appeals court. The ruling could invalidate the NLRB appointees' decisions on hundreds of labor cases made over the past year, said Sen. Bob Corker, R-Tenn. The ruling also brings into question the appointment of the head of the Consumer Financial Protection Bureau. The administration could take the issue to the Supreme Court. The Hill/HillTube blog (1/27), The National Law Journal (subscription required) (1/25), Bloomberg (1/27) LinkedInFacebookTwitterEmail this Story
  Other Legal News 
  • FTC disagrees with Tenn. proposals on attorney advertising
    The Federal Trade Commission wants the Tennessee Supreme Court to refrain from implementing proposals that could place new restrictions on lawyers who advertise in the state. Among other things, the proposals could prevent attorneys from using famous spokespeople in their ads. Adopting "overly broad restrictions prevents the communication of truthful and non-misleading information that some consumers may value, which is likely to inhibit competition and frustrate informed consumer choice," according to comments by FTC officials. The Blog of Legal Times (1/25) LinkedInFacebookTwitterEmail this Story
  Professional and Business Development 
  PLI News 
  • Delaware's New "Don't Ask, Don't Waive" Standstill Policy
    Two weeks after Vice Chancellor Laster's bench ruling enjoining the enforcement of a so-called "Don't Ask, Don't Waive" provision in a confidentiality agreement, Chancellor Strine of the Court of Chancery made clear in In re that there is no per se rule in Delaware against the use of "Don't Ask, Don't Waive" provisions. On the Securities Law Practice Center, experts from Sullivan & Cromwell discuss the ruling and its ramifications. LinkedInFacebookTwitterEmail this Story
  • An Overview of the FERC's Market Manipulation Authority
    Please join Susan J. Court, principal, SJC Energy Consulting, who served as the first director of the Federal Energy Regulatory Commission's Office of Enforcement (2005 to 2009), at the Jan. 29 audio briefing FERC: Policing the Physical Energy Markets, as she provides an update on FERC's exercise of its enforcement authority to police the physical energy markets. LinkedInFacebookTwitterEmail this Story
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If fate means you to lose, give him a good fight anyhow."
--William McFee,
British-American writer

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