This week’s top 15 legal briefings – 26th January 2014
Cinema audiences are in the dark as to whether the father of vampire child Eli in 2008 Swedish film Let the Right One In availed himself of statutory paternity leave. Her taste for blood would likely have cut it short if he had. Nonetheless, Scandinavian fathers of more conventional offspring have been delighting in enhanced […]
SEC releases Form SD for conflict minerals disclosure
The SEC recently published Form SD, the disclosure form to be filed by all SEC reporting companies that are subject to the SEC’s conflict minerals rule. Under the conflict minerals rule, which was mandated by the Dodd-Frank Act, a reporting company is subject to the rule and required to file Form SD if it determines […]
TUPE changes for transferees: what should we expect?
By Paula Rome On 10 January 2014, the amendments to the TUPE regulations were laid before parliament. Although many of the proposed major changes have been diluted, the amendments may well provide new areas for debate. Transferees will be able to begin their consultations with employees for collective redundancies before the transfer. Since the timeframe […]
CISX restructure: all change for Channel Islands securities listings?
By Nina Smith Last month, the Guernsey court approved a scheme of arrangement that saw the creation of a brand-new Channel Islands stock exchange. Set out in this briefing are what currently appear to be the main implications of the new exchange. However, in this early stage in the life of the new exchange, ad-hoc […]
Anelka’s own goal: what to do if employees damage your business
By Richard Barker Footballer Nicolas Anelka’s recent alleged anti-Semitic gesture has had significant consequences for his club, which has lost one sponsor and faces the prospect of losing more. What can you do if an employee’s actions cause damage to your business? After scoring a goal against West Ham United recently, West Bromwich Albion striker […]
Report deems NSA telephone records programme illegal
By Michelle J Anderson and Jim Halpert The Privacy and Civil Liberties Oversight Board has issued a report concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended. The three-person majority found that the NSA’s telephone records programme violates section 215 of the Foreign Intelligence Surveillance Act; violates […]
Nine questions and answers about exclusive forum provisions for stockholder litigation
By Ed Batts In light of Delaware case law developments over the past year, exclusive forum provisions are being increasingly adopted by public companies. What should you know about this complex but important area of corporate governance? Exclusive venue provisions limit a stockholder’s ability to bring suit generally for claims of breach of fiduciary duty, […]
Is your Safe Harbor certification really ‘safe’?
By Jim Halpert and Haris Khan On 21 January, the Federal Trade Commission (FTC) announced 12 proposed settlements with companies accused of falsely claiming that they complied with the US-EU Safe Harbor Framework. These companies range from three National Football League teams to a debt collection firm. They handle various types of consumer data, including […]
LIBOR claims set to continue
Walker Morris has reported previously on the high-profile litigation arising out of the 2012 London Interbank Offered Rate (LIBOR) manipulation scandal. In the latest development, the Court of Appeal was recently tasked to referee two conflicting High Court decisions in respect of LIBOR-linked loan or swap agreements where, in both cases, the borrowers sought to […]
Marshalling: a Supreme Court-approved remedy for mortgagees
In Szepietowski v National Crime Agency (formerly the Serious Organised Crime Agency), the Supreme Court set out a clear test for when the remedy of marshalling should be available to a second mortgagee. Marshalling is a principle for achieving fairness between two or more secured creditors of the same debtor. Where the first creditor enforces […]