Corporate > AG Deal Diary
24 May '18

On May 21, 2018, a closely divided United States Supreme Court held in Epic Systems Corp. v. Lewis that employers may require employees to resolve employment disputes with an employer through individual arbitration even if the arbitration agreements waive the right to proceed by class or collective action.

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07 May '18

Akin Gump has issued an alert detailing the Securities and Exchange Commission’s (SEC’s) proposed new interpretation of fiduciary duties of investment advisers under the Investment Advisers Act of 1940, as amended. The alert discusses how the SEC interprets the duty of care, the duty of loyalty, the ability to “disclose away” as well as potential additional requirements.

Click here to read the full alert.

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23 Mar '18

Akin Gump has issued a securities litigation alert on a recent U.S. Supreme Court’s unanimous decision, holding that certain securities class actions affecting issuer defendants may be brought in state court and may not be removed to federal court. This decision will likely have a plaintiff-friendly effect on class actions brought under the Securities Act of 1933 and issuer defendants should be aware that such class actions are now likely to be brought and fully litigated in state court.

Click here to read the full alert.

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19 Mar '18

Bloomberg Law's Securities Regulation & Law Report has published the article “Big Data and the Risks of Insider Trading,” written by Peter Altman and Kelly Handschumacher, litigation partner and associate, respectively, at Akin Gump, and Jennifer Hustwitt, a vice president in the financial institutions group at Marsh & McLennan. The article looks at how investment advisors can prevent, or even mitigate, liability for insider trading in connection with the use of alternative data.

To read the full article, please click here.

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26 Feb '18

Akin Gump has issued an alert detailing the protections for whistleblowers for securities violations in Dodd-Frank that expand only to employees who report violations to the SEC. Whistleblowers that report internally are still protected under the Sarbanes-Oxley Act of 2002, provided that the employee files a complaint with the Department of Labor.

Click here to read the full alert.

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24 Jan '18

SEC regulatory relief

We expect that the Trump administration and the Republican-led U.S. Congress will advance significant policy shifts and rule changes at the SEC that are designed to encourage companies toward public ownership and to facilitate capital formation in both public and private markets.

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16 Jan '18

Akin Gump has issued an alert on administration and congressional activity since President Trump’s inauguration. The report highlights key regulatory and legislative developments across a range of policy areas. This document also previews the policy agenda for the coming year and concludes with a political update and analysis of the 2018 congressional elections.

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05 Jan '18

Akin Gump took a look at the rising use of new electronic communications platforms among employees and clients across the financial services industry.  Here we explore popular apps, including Signal, WhatsApp and iMessage.  We offer a hypothetical of what the SEC would likely expect an advisor to maintain as “books and records,” and what they could request in an examination or obtain from a subpoena.  

Click here to read the article.

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