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- Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank); Financial Stability Oversight Council (FSOC); Systemically Important; Non-Bank Companies; General Electric (GE); MetLife (1)
- Inc. (MetLife; Systemically Important Financial institutions (SIFI); Enhanced Regulation; U.S. Treasury Department; Fair Hearings; Evidentiary Hearing Procedures; Administrative Procedure Act; MetLife (1)
- Inc. v. Financial Stability Oversight Council; Designation Process and Challenges; Insurance Companies; Stress Tests; Judicial Review; Financial Distress; Inconsistent with FSOC Guidance; Right to Discovery; Administrative Procedure Act (APA); Formal Adjudications; Interval Hearing System; "Trial by Surprise"; Right to Appeals; Impartial Panel; Exchaustion; Legislative Reform (1)
- Injunction; Canada; interlocutory mandatory injunctions; interlocutory prohibitive injunctions; Supreme Court of Canada; R v. Canadian Broadcasting Corp.; strong prima facie case; litigation; trial; American Cyanamid v. Ethicon Ltd.; practical consequences (1)
- Litigation holds; legal holds; nonparties; discovery; nonparties in discovery; evidence; e-discovery; electronically stored information; ESI; Zubulake; Judge Scheindlin; Sedona Principles; Sedona Conference; subpoena; FRCP Rule 45; spoliation; FRCP; federal rules of civil procedure; duty to preserve evidence (1)
Articles 1 - 4 of 4
Full-Text Articles in Legal Remedies
Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman
Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman
Brooklyn Law Review
Interlocutory mandatory injunctions can be an important remedy during the pendency of a trial. With its decision in R. v. Canadian Broadcasting Corp, the Supreme Court of Canada revised its test for an interlocutory mandatory injunction, holding that it should require a higher threshold and be therefore harder to obtain than an interlocutory prohibitive injunction. This higher threshold requires that the applicant demonstrate a strong prima facie case that it will succeed at trial based on law and evidence. This change adds uncertainty to the process, ultimately complicating and adding costs to litigation.
Nonparty Litigation Holds: Clear To Implement. Complex To Lift., Alexis Bianco-Burrill
Nonparty Litigation Holds: Clear To Implement. Complex To Lift., Alexis Bianco-Burrill
Brooklyn Law Review
Legal holds have long been used by parties, and nonparties alike, as a fundamental tool to preserve information that could be needed in litigation. There are a breadth of statutes, case law, and scholarly work clarifying when a party has the duty to preserve documents and therefore issues legal holds under federal law, as well as when nonparties share this same duty. Although the question of when to issue a legal hold has a clear answer, the problem of when a nonparty can lift a litigation hold is much more complex. Often, nonparties who have been requested to preserve documents …
Challenging Nonbank Sifi Designations: Ge, Metlife, And The Need For Reform, Drita Dokic
Challenging Nonbank Sifi Designations: Ge, Metlife, And The Need For Reform, Drita Dokic
Brooklyn Journal of Corporate, Financial & Commercial Law
The Dodd-Frank Wall Street Reform and Consumer Protection Act created, among other things, the Financial Stability Oversight Council (FSOC), an entity within the U.S. Department of the Treasury tasked with assessing and mitigating financial risk. Financial institutions with over $50 billion in assets are automatically deemed “systemically important.” However, under the Dodd-Frank Act, FSOC has the authority to designate non-bank companies engaged in financial activity as systemically important as well. Once designated as a systemically important financial institution (SIFI), these companies are subject to enhanced regulation and supervision by the Federal Reserve. Because the costs associated with such enhanced regulation …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …