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Best Laid Plans Gone Awry: Practices for Rule 10b5-1 Trading Plans

Rule 10b5-1 trading plans are in the limelight due to investigations initiated by U.S. Attorney’s Offices and the SEC into possible abuses by corporate executives of such plans. Now, more than ever, companies and their boards...more

5/10/2013

Supreme Court Finds No Fraud Exception to Five-Year Statute of Limitations for Government Lawsuits Seeking Civil Penalties

The U.S. Supreme Court’s recent decision in Gabelli v. Securities Exchange Commission (Feb. 27, 2013) rejects an attempt by the Securities and Exchange Commission to extend a statute of limitations by invoking a “discovery...more

3/5/2013 - Discovery Rule Fraud Gabelli v SEC SCOTUS SEC Statute of Limitations

Citing Concepcion, FINRA Panel OKs Class Action Waivers in Broker-Dealer Customer Arbitration Agreements

A Financial Industry Regulatory Authority (“FINRA”) hearing panel held that FINRA’s own rules prohibiting judicial class action waivers in broker-dealer customer arbitration agreements are preempted by the Federal Arbitration...more

2/28/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Broker-Dealer Class Action Class Action Arbitration Waivers FINRA Securities

Proxy Season Brings a Third Wave of “Gotcha” Shareholder Litigation

Proxy season is upon us and the plaintiffs’ bar is demonstrating its resourcefulness by bringing a third wave of shareholder litigation. This new wave, which has not crested yet, consists of a return to derivative shareholder...more

2/22/2013 - Annual Meeting Board of Directors Derivative Suit Executive Compensation Exit Strategies ISS Preliminary Injunctions Proxy Season Proxy Statements PSLRA Putative Class Actions Say-on-Pay Settlement Shareholder Litigation

Perspectives - Fall 2012 | Volume 3, Edition 2: An Executive Compensation, Benefits & Human Resources Law Update

In This Edition: - Year-end Deadline for Correcting Section 409A Deferred Compensation Arrangements That Condition Payment on an Employee Release or Covenant: By December 31, 2012, all deferred compensation...more

12/13/2012 - 3.8% Medicare Tax Affordable Care Act Deferred Compensation Dodd-Frank FICA Taxes Say-on-Pay Section 409A Shareholder Litigation Spinoffs

Recent Maverick Ruling in CA Appellate Court Finds Concepcion Does Not Overrule Gentry

Although the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion found that the Federal Arbitration Act preempted California’s Discover Bank rule, which invalidated class action waivers in arbitration agreements in consumer...more

12/5/2012 - Arbitration Agreements Class Action Arbitration Waivers Contract of Adhesion Preemption Split of Authority

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