Instead of a sealed cover, the report was filed in a leather bag with a number lock system Taking on record the final report submitted by an advisory board comprising of former SC judges Justices J M Panchal and K S P Radhakrishnan appointed by it to look into the closure of 241 cases in the 1984 anti-Sikh riots, the Supreme Court today said it will examine it on December 11.A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it will open the leather bag with a number lock system carrying the documents on that day.It asked the parties including Additional Solicitor General Pinki Anand to be present to assist the court in the matter.It was on August 16 that the bench appointed the committee.The Centre had earlier told that out of the 250 cases which were investigated by the SIT, closure reports were filed in 241.It had said that nine cases were still being investigated by the SIT, while two cases are being probed by the … [Read more...] about Anti-Sikh riots: SC To Examine Report Filed By Its Panel On 241 Closed Cases
In response to an Executive Order from the White House to identify opportunities to make government regulations less burdensome and more effective, the Pension Benefit Guaranty Corporation (PBGC) recently published its Preliminary Plan for Regulatory Review. Most notably, PBGC noted that it had begun implementing the Executive Order by reconsidering several rules it has recently proposed:Reportable Events: PBGC announced it was already planning to re-propose regulations regarding reportable events under Section 4043 of the Employment Retirement Income Security Act (ERISA). ERISA Section 4062(e): PBGC announced it will also reconsider its proposed rule regarding the substantial cessation of operations by employers that maintain defined benefit pension plans in light of public comments. As previously noted by our Firm and several industry groups, the proposed rule had the potential to impose unexpected and extensive liability for employers who undertake … [Read more...] about PBGC Publishes Preliminary Plan for Regulatory Review; Will Re-Examine Reportable Event and 4062(e) Guidance
American Bankers Association President and CEO Frank Keating expressed bankers’ strong support for the House and Senate exam fairness bills—H.R. 1553 and S. 727–that were reintroduced on April 15. In a letter to the Senate, Mr. Keating stated as follows: Our members are concerned that bank regulators are making decisions during the examination process that have effectively and unnecessarily reduced the amount of capital available for lending – particularly to small businesses. These decisions hinder banks’ ability to help local businesses grow and create jobs. S. 727 would address this critical issue by establishing clear examination standards and creating an independent Examination Ombudsman to ensure the consistency of all examinations. It also would ensure that financial institutions receive timely examination reports that include full documentation of the information the regulators used to make their determinations, and would create an expedited … [Read more...] about American Bankers Association (ABA) Endorses Bill to Mandate Examination Fairness
Banking and financial services is one of the most heavily regulated industries in the country. Indeed, banks are subject to the oversight by a myriad of state and federal regulatory agencies. These regulatory agencies enjoy a common law privilege, often referred to as the “Bank Examination Privilege,” that protects a banking regulator’s opinions and recommendations from disclosure to third parties. These privileged documents may include documents in bank loan files that are be subject to third party discovery in litigation.What is the Bank Examination Privilege?The Bank Examination Privilege (the Privilege) is a judge-made confidentiality protection over a regulator’s working files and opinions that belongs to the regulatory agency. The Privilege may be waived only by that agency, and then only as to the documents or information to which the Privilege applies. The “success of [regulatory supervision] depends upon the quality of communication between the … [Read more...] about Does Your Outside Counsel Firm Understand the Bank Examination Privilege? It Should.
On January 17, 2017, the Mine Safety and Health Administration (MSHA) announced its final rule on workplace examinations for metal/nonmetal mining operations. According to MSHA, after the rule becomes effective on May 23, 2017, it is poised to enhance the quality of workplace examinations and improve protections for a quarter of a million metal/nonmetal miners in 11,800 mining operations nationwide.As is often the case with MSHA’s regulatory initiatives, there is always healthy debate over the need and worthiness of additional regulation in an industry already burdened by significant governmental intervention. The workplace examination rule is certainly no exception. Since MSHA’s announcement of the proposed rule on June 8, 2016, metal/nonmetal operators, miners and industry groups alike have enthusiastically voiced their concerns over implementation of the rule. In spite of a good dose of wide-spread industry angst, a drawn out comment period and stakeholder meetings … [Read more...] about MSHA’s Final Rule on Workplace Examinations in Metal/Nonmetal Mining Operations
The Patent Prosecution Highway (PPH) gives applicants the opportunity to accelerate the examination of their patent applications in multiple countries once they have received a favourable report in one country. This is useful to inventors and businesses because it allows foreign patents to be granted sooner, and by having IP offices make use of the work products of other offices also yields cost savings and other efficiencies to the benefit of all stakeholders. In January 2014, further improvements to the system will be launched in the form of the Global Patent Prosecution Highway (GPPH).The first PPH agreements were bilateral, allowing favourable examination reports in the office of first filing to be employed in a second office to short-circuit the examination process. Since 2006, 30 separate bilateral PPH arrangements have been implemented, resulting in a complex network of agreements that is sometimes called “The Spaghetti Bowl“. The problems … [Read more...] about New Global Patent Prosecution Highways to Accelerate Examination of Patents
Under many states’ insurance laws, the formation of companies or the issuance of policies require filing and often approval by the state insurance regulator. Additionally, every insurance company licensed in a state will come under a periodic examination during which information will be requested and collected by the insurance regulator and will result in an examination report produced on the findings of that examination about that insurance company. In litigation involving the creation of an insurance or reinsurance company, are examination reports and other communications with the insurance regulator subject to disclosure under the applicable discovery rules in federal court?In a recent case, a New York federal court had to determine whether a state law that deemed certain communications with the insurance regulator confidential precluded discovery of those communications. AmTrust N. Am., Inc. v. Safebuilt Ins. Servs., Inc., No. 16-MC-169 (CM) (JLC), 16-MC-190 (CM) … [Read more...] about Does an Insurance Examination Privilege Exist?
is expected to announce his Supreme Court nominee as early as next Wednesday, according to a Washington Examiner report. Their source indicates that the President’s short list is down to five, with one front-runner leading the pack.The rumored candidates are Chief Judge Merrick Garland and Judge Sri Srinivasan of the D.C. Court of Appeals, D.C. District Judge Ketanji Brown Jackson, 8th Circuit Court of Appeals Judge Jane Kelly, 9th Circuit Court of Appeals Judge Paul Watford. The source believes that Judge Srinivasan is the favorite, with a greater than 50 percent chance of being nominated. He would be the first ever Asian American to serve on the nation’s highest court. Reuters also reported that these five judges are the only ones under consideration, according to their source.White House officials are not confirming any rumors, and spokesperson Josh Earnest told a reporter that he was not in a position to confirm whether any individuals are under consideration. When … [Read more...] about Report: This Judge Has More than 50% Chance of Being Picked For Supreme Court
Omar Mateen was shot eight times from a distance, according to the autopsy report released late Friday by the Orange County Medical Examiner’s Office.The Orlando Sentinel reports autopsy records show Mateen was struck with bullets in the head, chest, abdomen, calf and feet. Mateen was killed in a shootout with police after a lengthy standoff at the Pulse nightclub on the morning of June 12. All eight bullets appear to have entered Mateen’s body while he was facing police, according to the report.Toxicology tests reportedly show Mateen had no alcohol or recreational drugs in his system at the time of his death. Earlier this month some reports indicated his body did show signs of steroid abuse, but it is unclear whether he had steroids in his system. The Daily Beast reports his urine did not show an abnormal level of testosterone. Whereas, WFTV News 9 says toxicology reports indicate Mateen had an increased level of creatine in his system. The medical examiner … [Read more...] about Medical Examiner Finally Releases Autopsy of Orlando Shooter Mateen and Some Victims
Calls for report on mechanism to identify mistakes during probe, trial Observing that the Supreme Court had recently said that “criminal justice system in this country is on crossroad”, the Jharkhand High Court has said “Jharkhand is no exception” as it asked the Director General (Police) if there is any mechanism to identify mistakes committed during investigation and trial.“In a recent judgment the Supreme Court has observed; “the criminal justice system in this country is on crossroad”. In the last one month since I was assigned roster for bail matters, I have come across cases which make me believe that Jharkhand is no exception,” Justice S. Chandrashekhar said.He was appalled at the state of affairs in 17 bail matters before him where witnesses had not been examined even after 23 adjournments or for about 3 years, eye-witness and the informant were not made charge-sheet witnesses or the post-mortem examination report did not … [Read more...] about No Witness Examined Even After 3 Yrs & 23 Adjournments In Bail Matters: J’khand HC Judge Appalled At Justice System [Read Order]