U.S. Securities and Exchange Commission Chairman Jay Clayton recently reminded us that corporate culture and the “tone from the top” remain important to regulators, even in this enforcement-lite environment. Speaking about financial firm culture before the New York Fed, Clayton predicted pain for firms whose cultural compass diverges from the commission’s.
Try as one may, no one has developed a bright line state or federal rule of law on spoliation of tangible and electronic evidence by named and non-named parties. In an effort to create some uniformity, the Federal Rules of Civil Procedure (“FRCP”), particularly FRCP Rule 37(c)(1), enumerate a myriad of possible sanctions that courts may issue to address the failure to disclose discoverable information. However, the FRCP offers little, if any, guidance on how to treat spoliation by non-named parties who are not required to cooperate in discovery unless they are subject to a subpoena.
When can a company’s silence support a Rule 10b-5 claim? The U.S. Supreme Court will consider that question next term in Leidos Inc. v. Indiana Public Retirement System. The case is generating buzz because it could expand the universe of omissions actionable under the judicially created private right of action for securities fraud.
This article reviews the amendments to Rule 26(b)(1) of the Federal Rules of Civil Procedure took effect and reviews those decisions to provide takeaways that litigants should bear in mind as the amended rules turn two.
The New York Department of Financial Services has proposed "first-in-the-nation" sweeping cybersecurity regulations for banks, credit unions and insurers chartered or licensed in New York. If adopted as written, compliance with the proposed regulations could prove expensive and challenging because of their comprehensiveness, accountability demands, and subjectivity, the authors, Kate McGrail and Elizabeth Del Cid, write.
Elizabeth Del Cid and Kate McGrail author “Spoliation Allegations Spread into Arbitration” for the US News/Best Lawyers, pages 38-39.