UK Upper Tribunal Finds Bank Executive’s Compliance Actions Reasonable, Overturns FSA Decision by BuckleySandler LLP on 5/23/2012 Recently, the United Kingdom’s Upper Tribunal overturned a decision of the Financial Services Authority (FSA) that held a top bank executive liable for failure to take reasonable steps to adequately address certain regulatory...more
Proposed New York Regulations Would Limit Executive Compensation by Mintz Levin - Employment, Labor & Benefits on 5/23/2012 On May 16th, Governor Cuomo announced the issuance of proposed regulations by several New York State agencies which limit administrative costs and executive compensation for entities receiving State funding or...more
When Do Venture Capitalists Owe Fiduciary Duties To Their Portfolio Companies? by Keker & Van Nest on 5/23/2012 In the typical venture-backed company, the Board often includes some members designated by the venture capital firms who are investors in the company. When things go awry, lawsuits often follow, and litigators are left to...more
Could Dewey & LeBoeuf Have Been Saved From Crashing and Burning? Yes and Here's How: by Jerome Kowalski on 5/23/2012 Gosh, I could have had a V – 8. Trial lawyers often say that when they try a case, they always wind up trying three cases: The case they plan on trying, the case they actually try and the case they should have tried....more
Under FEHA, Partner Can Sue Partnership For Retaliating Against Her For Opposing Sexual Harassment of An Employee by Barger & Wolen on 5/23/2012 Liability for prohibited “employment practices” under the California Fair Employment and Housing Act (FEHA) generally requires the existence of an employment relationship. In a discrimination case, for example, there must...more
Debenture - the new security instrument soon to be introduced in Macedonia by Karanovic & Nikolic Law Office on 5/23/2012 Originally published in LEGAL AND REGULATORY - Emerging Macedonia | Spring 2012 | Issue 33. The Solvency Problem A number of companies in Macedonia are having problems with maintaining their solvency at a desirable...more
Will the FDIC’s Claims Against Directors and Officers of Failed Banks for Simple Negligence Yield to the Protections of the... by Quinn Emanuel Urquhart & Sullivan, LLP on 5/23/2012 Federal legislation has yet to specify the extent to which state law may protect directors and officers of failed banks against claims of simple negligence by FDIC, and Congress may soon be urged to step in. For now,...more
Big Four to Localize in China by Sheppard Mullin Richter & Hampton LLP on 5/23/2012 Earlier this month, China’s Ministry of Finance, State Administration for Industry and Commerce, Ministry of Commerce, State Administration of Foreign Exchange, and China Securities Regulatory Commission issued the Notice on...more
Second Circuit = The Avengers? Judges Create Alter Ego Liability by Pullman & Comley, LLC on 5/23/2012 Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court...more
M&A and Private Equity Update by Akerman Senterfitt on 5/23/2012 This year’s edition reflects relative consistency of national trends with the prior year. While aggregate transaction activity nationally in 2011 was only marginally higher than in 2010, we are pleased that our clients...more
Consulting Payments To A Related Entity Did Not Avoid Unreasonable Compensation Issues by Charles (Chuck) Rubin on 5/23/2012 An accounting firm operated as a C corporation. The firm paid substantial fees to three related entities created by the founding shareholders of the firm. The fees were so high as to reduce the net income of the firm to a de...more
Little Hoover Commission Votes To Approve Governor’s Reorganization Plan by Allen Matkins Leck Gamble Mallory & Natsis... on 5/23/2012 Yesterday morning, the Little Hoover Commission voted to approve the Governor’s Reorganization Plan, subject to the members appointed by the Speaker of the Assembly (Mark Vargas) and the Senate Rules Committee (Jonathan...more
Should the board consult the owners before implementing changes ? (Part III) by Heenan Blaikie LLP on 5/23/2012 In our previous posts on this topic, we looked at the level of consultation required when the board contemplates renovation to the condominium or changes to the services provided to the owners. Last post dealt specifically...more
Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure by Reed Smith on 5/23/2012 In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more
Mergers & Acquisitions Law Report - May 7, 2012: Summary of Required Financial Statements of Businesses Acquired or to Be Acquired by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 Reproduced with permission from Mergers & Acquisitions Law Report, 15 MALR 686, 05/07/2012. Copyright 2012 by The Bureau of National Affairs, Inc. Rule 3-05 of Regulation S-X requires audited financial statements to be...more