Corporate and Financial Weekly Digest - Volume IX, Issue 36

In this issue:

- Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld

- FINRA Board to Consider Rule Proposals Regarding Private Trading Platforms

- CBOE and C2 in Discussions With FINRA for Regulatory Services

- SEC Proposes Rule for Communications Involving Security-Based Swaps

- CFTC Aligns CPO Regulation With JOBS Act, Provides Other Guidance for CPOs

- OTC Derivatives Regulators Issue Report Regarding Cross-Border Issues

- First Bitcoin Swap Proposed

- Eighth Circuit Clarifies False Claims Act Pleading Standards for Whistleblowers

- Investment Management Firm Discloses Wells Notice Over Performance Claims

- Banking Agencies Request Comment on Proposed Questions and Answers Regarding Community Reinvestment

- Federal Reserve and CFPB Announce Increases in Dollar Thresholds in Regulations Z and M for Exempt Consumer Credit and Lease Transactions

- AIFMD: Additional Alternative Investment Fund (AIF) Data Request by FCA

- UK Court Decision Demonstrates Importance of Compliance With ISDA Market Quotation Procedures

- Excerpt from Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld:

In City of Providence v. First Citizens Bancshares, Inc., C.A. No. 9795 (Del. Ch. Sep. 8, 2014), Delaware Chancellor Bouchard upheld a bylaw adopted by the board of directors of a corporation incorporated in Delaware providing that intra-corporate disputes be litigated exclusively in North Carolina. City of Providence relies heavily upon then-Chancellor Strine’s June 2013 opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corporation, 73 A.3d 934 (Del. Ch. 2013) (Chevron), which found that exclusive forum bylaws are facially valid.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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