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Resource Center Search Results
These Men Could Kill SarbOx
The Sarbanes-Oxley legislation is under constitutional challenge in the Beckstead v. PCAOB case. The case, litigated by prominent attorneys w ... More
Is it CalPERS' Turn to Clean House?
The $200 billion California Public Employees' Retirement System (CalPERS) has come under criticism for not applying the same corporate governance s ... More
Hasta La Vista, Power-Hungry TVs
The state of California is planning to set guidelines requiring retailers to sell only televisions that consume about one-third less power th ... More
The SEC: To Catch a Cheat
The recent insider trading case against Galleon Management for insider trading indicated that the SEC has stepped up enforcement efforts. The SE ... More
Blasting Away at Product Placement
Consumer groups are seeking regulation of product placement in television shows by the FCC. Opponents of product placement consider product placement ... More
The Side Effects of Finance Reform
Regulators are looking at the potential costs of additional regulation of derivatives (complex financial instruments with valu ... More
Do Shareholder Class Actions Make Sense?
A federal district judge recently rejected a settlement in a shareholder class action involving the Bank of America and the SEC. The judge was c ... More
Giving Credit-Card Reforms the Slip
The new rules under the Credit Card Accountability, Responsibility & Disclosure Act are being phased in. These rules include requiring a 45-day no ... More
Board Shakeups Made Easier
Three proposals are being weighed in the reform of shareholder election of directors. First, beginning Aug. 1, Delaware corporations will be ... More
At the FCC, a Boss Steeped in Business
Harvard Law School graduate Julius Genachowski is the newly confirmed chair of the FCC. Observers predict that Genachowski's three priorities ... More
Even Tougher Rules Across the Pond
The financial regulation plan passed by the European Parliament in May requires that purchasers keep a 5% stake in asset-backed securities they create ... More
Financial Rules: What Obama Wants
The Obama administration has proposed sweeping new rules governing credit default swaps, credit cards, asset-backed securities, bank capital req ... More
A Brawl Over Prescription Data
In 2008, the U.S. Court of Appeals upheld the New Hampshire Prescription Information Law, passed in 2006. This law restricts access to prescript ... More
A Dogfight over Greener Air Travel
U.S. air carriers face a deadline this summer to meet European Union rules on greenhouse gas emissions. The rules are a first step in imposin ... More
On Business, a Voice of Moderation
A review of the business law decisions of U.S. Supreme Court nominee and Federal Appellate Judge Sonia Sotomayor indicates a moderate stan ... More
When Even Failure Stops Working
There were 30,000 Chapter 11 filings last year, and many more are expected in the future. Some observers feel that companies are being forc ... More
Credit Cards: Behind the Consumer Rage
Following a brief interlude of simpler credit contracts that followed the plain-language reforms, credit-card contracts became much longer in response ... More
A Hot Weapon in Proxy Battles
“Change of Control” covenants require a company to pay off existing loans in the event investors elect a block of board members or buy a large st ... More
Toxic Taxes
The recently enacted federal stimulus package should stimulate the demand for tax preparers. The tax preparer industry is not heavily regulated. ... More
Should GM Split Itself in Two?
GM is war-gaming a possible approach to bankruptcy. One approach would involve splitting GM into two parts, a “good” GM and a “bad” GM. The bad ... More
Labor’s Favorite Bill Hits a Wall
The proposed union card-check system would end the secret ballot in union elections and allow union recognition when 51 percent of employees sign a un ... More
A Narrowing Window for Foreign Workers?
There continue to be accusations of fraud and abuse in the H1-B program in the form of overuse by outsourcing firms and lowering American wages. ... More
Stanford: Where was the SEC?
Regulators had been looking at Stanford Financial for three years. Following the Madoff scandal, the SEC moved quickly to charge Stanford Financ ... More
The Financial Crisis Excuse
Force majeure clauses excuse parties from liabilities for extraordinary events such as natural disasters. Some companies are now defining the economic ... More
For Accounting Giants, Nowhere to Hide?
Many major international accounting firms are organized as a network of independent member firms with a central administrative office. Federal and sta ... More
The Lawyers Are Massing
Lenders, accounting firms, and rating agencies face civil, and possibly criminal, liability from the subprime lending debacle. The pension fu ... More
Out the Door, but Still on the Hook
A number of investors face the prospect of returning funds to the bankruptcy trustee in the Madoff case under the bankruptcy clawback rules. The ... More
Who Crossed the Line on the Street?
There is currently a push by Federal and state officials to find legal liability for the toxic mortgages that have contributed to the global financial ... More
Labor Relations: Keep the Secret Ballot Alive
Passage of the Employee Free Choice Act (ECFA) is a high priority for organized labor following the recent presidential election. Under the curr ... More
Ending the Web War Over Copyrights
This BusinessWeek article "Ending the Web War Over Copyrights" (November 3, 2008) reviews Lawrence Lessig’s Remix: Making Art and Commerce Thrive in t ... More
When the Punishment Fits the Stock Loss
Five former AIG executives are scheduled to be sentenced for their role in a sham transaction to boost reserves of the insurance company, AIG. Since E ... More
They Warned Us
The authors argue that several state and local governments forecast the impending crisis brought about by subprime loans. However, state efforts ... More
Bankruptcy Blowback
The 2005 Bankruptcy Reform Act has apparently had the unintended consequence of increasing foreclosures. Prior to 2005, consumers found debt rel ... More
Medical Bills You Shouldn’t Pay
The BusinessWeek article "Medical Bills You Shouldn't Pay" (September 8, 2008) provides some evidence that balance billing is a common practice. Balan ... More
The Investment 'Albatross' at UBS
The auction-rate securities market collapsed in the spring, leaving investors with large losses (if they could access their accounts). Many i ... More
Ownership Spread Too Thin
In his recent book, The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives, Columbia Law Professor Michael Hel ... More
Why Moody's and S&P Still Matter
The SEC is moving to reduce investor reliance on ratings issued by credit agencies such as Moody's and Standard & Poor's. The concern is ... More
Bear Scandal: A Widening Probe
The SEC is expanding its charges and investigation in the events surrounding the collapse of Bear Stearns. Bank of America had guaranteed ... More
The Talented Mr. Staggl
Mario Staggl, a banker in Lichtenstein, was indicted in May 2008. He failed to appear in federal court in Florida to answer charges that he help ... More
Banks vs. Consumers (Guess Who Wins)
There is an alleged bias in arbitration in favor of creditors by some firms—in particular, the National Arbitration Forum (NAF). In one st ... More
A Wake-Up Call for Global Tax Cheats
There has been increased scrutiny of global tax avoidance by American and European Union governments. For example, a UBS private banker was r ... More
The Brewing Credit-Card Storm
The Federal Reserve Board is considering new rules on the regulation of credit cards. According to the BusinessWeek article "The Brewing Credit- ... More
The Dark Side of Web Anonymity
Anonymous gossip on Web sites such as JuicyCampus.com has raised issues about defamation online. Some state attorneys general are also concer ... More
A Town Torn Apart by Nestle
McCloud, a California town, is taking legal action against an agreement signed by its elected representatives to build a Nestle bottled water plant. A ... More
Where No Fed Has Gone Before
The Federal Reserve bank is loaning $29 billion to JPMorgan Chase to buy Bear Stearns' assets. Under the proposed transaction, the Fed is paid f ... More
Put a Patent on That Pleat
Fashion designers are trying to fight back against rampant copying of their designs. Their strategy has included patenting and copyrighting a ... More
Waiting for Subprime Lawsuits
Observers are anticipating more lawsuits in response to the subprime mortgage crisis. However, the liability of potential defendants is not clear due ... More
Look Out for That Lifeline
Debt-settlement companies collect a single monthly payment from consumers and then withhold the payments and use them as a bargaining chip ... More
Are H-1B Workers Getting Bilked?
Outsourcing firms, some of them foreign owned, have been accused in federal court of underpaying workers on H-1B visas. Essentially, some H-1 ... More
Dirty Deeds
Local governments have adopted new approaches to address the blight caused by growth in the number of abandoned properties resulting from subprime mor ... More
Foreclosures: Not So Fast
In a recent court case, a federal judge dismissed foreclosures initiated by a trust issuing mortgage-backed securities because the trust h ... More
Users to Comcast: Hands Off
Comcast has been accused of slowing down traffic that uses the BitTorrent peer-to-peer technology. Comcast admits using network managem ... More
Siemens Braces for a Slap from Uncle Sam
Enter Abstract here Emulative microstatement; telephoto. Flagship stintless, ambidexterity acus. Malleinization scraping vortrap audual benzinum psych ... More
Did Big Lenders Cross the Line?
There has been a recent increase in mortgage frauun 1ortgage lenders, in addition to mortgage brokers, are now being criticized and sued for mortgage ... More
Tearing Down the Wireless Fortress
The Federal Communications Commission recently adopted rules that will force winners of the upcoming auction of wireless spectrum to allow consumers t ... More
In-House Attorneys, Watch Your Step
Hollinger International Inc. Chairman Conrad Black was convicted of cheating Hollinger shareholders out of millions through fraudulent agreements in c ... More
Talk Isn't so Cheap on a Phone Card
Prepaid phone cards are a $4 billion industry that primarily serves low-income consumers, immigrants and the elderly. IDT Corp., the largest prepaid p ... More
Look Who's Fighting Patent Reform
Legislation sponsored by Senators Patrick Leahy (D-Vt.) and Orrin Hatch (R-Utah) is seeking significant reform of the U.S. patent system. The bill wou ... More
The Foreclosure "Rescue" Racket
The growth in foreclosures in the United States has been paralleled by the growth in fraudulent schemes enticing homeowners to attempt to stave off fo ... More
Keeping It All in the Family
An attorney discusses the benefits of SAFE (Safeguard Assets for the Family Exclusively) trusts for family estate planning. SAFE trusts (or "bloodline ... More
Activist Investors Get More Respect
Increasingly, boards of public companies have been negotiating on rather than ignoring shareholder proposals. Shareholder proposals on majority voting ... More
The Crackdown on Stock-Loan Schemes
ere have been recent allegations of improper payments to stock-loan finders. Stock-loan finders are independent middlemen who find shares for firms th ... More
The Poverty Business
ere has been an increase in the business practice of selling expensive products to the working poor. In particular, there has been a significant expan ... More
A Higher Hurdle for Inventors
In its recent decision in KSR International Co. v. Teleflex Inc., the U.S. Supreme Court handed down an important legal decision clarifying the non-o ... More
The Vanishing Trial
iv align= "justify" style="text-indent: 0pt;margin-left: 0pt;margin-top: 6pt;margin-bottom: 6pt;margin-right: 0pt;line-height: 100%;">Legal costs, lac ... More
Fear of Firing
e threat of litigation in response to employment termination has risen significantly. This rise is due in part to the expansion in the number of prote ... More
Lighting a Fire Under Global Warming?
The U.S. Supreme Court ruled (in Massachusetts v. EPA) that carbon dioxide is a pollutant under the Clean Air Act and can be regulated by the EPA. In ... More
Is Google Too Powerful?
Google is the number one gateway to the Internet, draws 56% of all searches, and earned $10.6 billion in ad revenue last year. Building on its market ... More
Parlaying Casinos into Empires
Indian tribes with casinos are using their substantial gaming revenues to purchase a wide variety of companies. Among recent purchases have been Hard ... More
The SEC Is Eyeing Insider Stock Sales
The Securities and Exchange Commission is considering tightening up rules governing 10b5-1 stock trading plans, otherwise known as automatic stock tra ... More
Homing In on Trading Abuses
allegation that a UBS employee sold unpublished information about changes in analyst's ratings to traders at a hedge fund has brought to light Securit ... More
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e number of cases involving backdating stock options now appears to be much lower than was anticipated. Only two criminal cases have been filed since ... More
A Better Look at the Boss's Pay
is is the first proxy season under the new SEC rules governing disclosure of executive compensation. These rules arose in part out of concern by share ... More
Keeping Lawyers Out of the Lab
Medical researchers are complaining about the burden of being drawn into litigation through subpoenas and discovery requests concerning their research ... More
Not Everyone Hates SarbOx
Despite critics' complaints about the burden of compliance with the financial accounting requirements of the Sarbanes-Oxley Act, investors are claimin ... More
Board of Hard Knocks
The time that corporate boards devote to compliance issues has increased significantly in the wake of Sarbanes-Oxley. In particular, time spent on cor ... More
Is Steve Jobs Untouchable?
An internal audit by Apple Computers "found no misconduct" on the part of Apple CEO Steve Jobs in the backdating of executive stock options. The Secur ... More
How Business Trounced the Trial Lawyers
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The "Foreclosure Factories
The BusinessWeek article on foreclosure highlights abuses in mortgage servicing. Mortgage servicing involves collecting and recording mortgage payment ... More
Insiders with a Curious Edge
Some evidence suggests that 10b5-1 plans established by the Securities and Exchange Commission in 2000 are being used by corporate executives to circu ... More
A Farewell to ARMs? Not Quite Yet
In October, the Office of the Comptroller of the Currency issued new rules to protect consumers from nontraditional mortgage products they may not und ... More
Flight Plan: Inside Gerald Grinstein's Struggle to Save Delta
The article summarizes the attempt by Delta's management to remain independent in light of filing Chapter 11 bankruptcy in September 2005 and the rece ... More
London's Freewheeling Exchange
Less restrictive listing practices have helped the London Stock Exchange win 58% of the value of initial public offerings listed by both the New York ... More
Not as Random as It Looks
Regulators are trying to determine whether automatic trading plans are being used by corporate executives to circumvent insider trading rules. Automat ... More
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