On 22 March 2022, the European Court of Justice (“ECJ”) issued two separate preliminary rulings – Bpost and Nordzucker – which clarify how the protection against double jeopardy (“non bis in idem principle”) should be applied in instances where an
FinCEN Seeks Public Comments on No-Action Letters
On June 3, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued an Advance Notice of Proposed Rulemaking (“ANPRM”) that seeks public comment on the implementation of a “no-action letter” process at FinCEN. The “no-action letter” is “a form of an
The 411 On FINRA Rule 4111
Well, Memorial Day is just past us, so we all know what that means: it’s time for FINRA to conduct its first annual assessment of its member firms to determine whether they should be branded a “Restricted” firm under new
The CJEU sets out an analytic framework on exclusionary abuses in the context of market liberalisation
In Enel, a judgment of 12 May 2022 (C-377/20), the Court of Justice of the European Union (“CJEU”) complemented the framework for analysing exclusionary abuses developed in earlier case-law, notably where it applies to a context of market
The General Court offers useful guidance to interpret the “one time, last time” principle when granting restructuring aid
On 4 May 2022, the General Court of the European Union (the “General Court”) upheld the decision of the European Commission (the “Commission”) approving the rescue aid granted by Romania to the Romanian airline TAROM (T-718/20). With this
The Council of the EU endorses the European Commission’s proposal on the Foreign Subsidies Regulation
On 4 May 2022, the Council of the EU (the “Council”) formally adopted its position on the proposal of the European Commission (the “Commission”) for a Regulation on foreign subsidies distorting the internal market (the “Foreign Subsidies Regulation”) (see our
FinCEN and OCC Address Cryptocurrency: Responsible Innovation and Pervasive Hype
On May 19, 2022, the Associate Director of the Enforcement and Compliance Division of the Financial Crimes Enforcement Network (“FinCEN”), Alessio Evangelista, spoke at the Chainalysis Links Conference in New York City on the topic of “The Intersection of Cryptocurrencies
It Happened! ESG Task Force’s First Enforcement Action
In March 2021, the Securities and Exchange Commission’s (SEC) then-acting chair, Allison Herren Lee, announced the creation of an Environmental, Social and Governance (ESG) Task Force within the SEC’s Division of Enforcement. Sanjay Wadhwa, the deputy director of the SEC’s
Focus on ESG Disclosures Ramping Up – Examples From the US
The U.S. Securities and Exchange Commission (“SEC”) announced in March 2021 the formation of a Climate and ESG Task Force in the Division of Enforcement with a mandate to identify material gaps or misstatements in issuers’ ESG disclosures.
FINRA’s Fixation On Unpaid Arbitration Awards Has Morphed Into Something More Dangerous
Shortly, I hope to get around to drafting a blog post about FINRA’s latest demonstration of abasement to PIABA and claimants’ counsel everywhere, namely new Rule 4111. But, that rule is such a monstrosity that it will take a little