On November 9, 2010, the Equal Employment Opportunity Commission (the “EEOC”) published final regulations (the “Regulations”) implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (“GINA”).  Title II of GINA, which went into effect in November of 2009, prohibits employment discrimination based on genetic information, and restricts the acquisition and disclosure of genetic information. …
Read More Final GINA Regulations Published in Federal Register

We have reported previously on the proposed overhaul of the European Financial Regulatory System (click here to see our previous post). On 17 November 2010, the Council of the European Union formally adopted the legal texts to establish the European Systemic Risk Board (ESRB) and three European Supervisory Authorities (ESAs): a European Banking Authority (EBA), a European Insurance and Occupations Pensions Authority (EIOPA) and a European Securities and Markets Authority (ESMA). …
Read More Europe: European Systemic Risk Board and Industry-Specific Supervisory Authorities to be Operational from 1 January 2011

As we first covered here, Ambac Financial Group Inc., the parent of the ailing Wisconsin-domiciled bond insurer Ambac Assurance Corp., filed for Chapter 11 bankruptcy relief with United States Bankruptcy Court for the Southern District of New York on November 8, 2010.  Ambac’s troubles began when the mortgage-backed securities market collapsed in late 2008, causing a cascade of claims on policies issued by the bond insurer to protect creditors in the event of a default by borrowers. …
Read More During Hearing to Consider Ambac’s Rehabilitation Plan, Insurance Regulator Reveals that Liquidation of the Bond Insurer was Considered

The New York Law Journal published an article titled “Foreclosure Crisis: Intramural Battles May be the Toughest Part,” which was authored by Mark Peters, a partner in the Firm’s New York office. …
Read More Foreclosure Crisis: Intramural Battles May be the Toughest Part

As we reported to you in our September 27 update (please click here to view this and other previous updates), several dozen comments associated with CMS’s proposed rule for the Medicare Home Health Prospective Payment System (HH PPS) Rate Update for Calendar Year 2011 addressed the so-called “36-month rule” for home health agencies (HHAs) that went into effect in January 2010. …
Read More Healthcare News from Capitol Hill and the Department of Health and Human Services – November 22, 2010

In a verdict handed down on Thursday (11/18/10) ,a South Florida federal jury found that BankAtlantic violated federal securities laws by making several false statements to investors during the class period.  These false statements included seven statements made by bank executives during investor conference calls. …
Read More BankAtlantic Loses Class Action Trial

A five-judge majority of the New York Court of Appeals has declared that a person may procure an insurance policy on his or her own life and immediately transfer that policy to one without an insurable interest, regardless of the purchaser’s intent. …
Read More New York Court of Appeals Approves of Stranger-Owned Life Insurance Contracts, For Now

In Guangzhou Dockyards Co Ltd v ENE Aegialii [2010] EWHC 2826 (Comm), Mr Justice Blair dismissed an application which had sought to appeal against an arbitration award on an issue of fact. …
Read More UK: English High Court Rules on Permissibility of an Appeal Against an Arbitral Award on a Point of Foreign Law

The U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s vacatur of an arbitration award because the arbitration panel exceeded its authority in ordering relief not sought by either of the parties and removing from the parties’ reinsurance agreement a material provision. …
Read More Third Circuit Affirms District Court’s Vacatur of Arbitration Award, Finding That the Panel Exceeded its Powers by Awarding Relief Not Sought by Either Party