BY LAUREN MACIAS Federal canon that statutes do not have extraterritorial application includes section 10(b) of the Securities Exchange Act of 1934… Continue Reading>
Archive for May, 2012
A FINANCIAL INSTITUTION CLAIMING THAT A POSSESSOR BANK WRONGFULLY REFUSED TO RETURN LOANS AND PROCEEDS TO WHICH A TRUSTEE HAD LEGAL TITLE MUST UTILIZE THE FINANCIAL INSTITUTIONS REFORM, RECOVERY AND ENFORCEMENT ACT’S ADMINISTRATIVE CLAIMS PROCESS BEFORE TURNING TO THE FEDERAL COURT FOR DE NOVO JUDICIAL REVIEW: BANK OF AMERICA NATIONAL ASSOCIATION V. COLONIAL BANK
BY KIRAN K. PATEL The Court of Appeals for the Eleventh Circuit vacated and remanded an injunction from the District Court holding that the antiinjunction provision of Financial Institutions Reform… Continue Reading>
THE SHAREHOLDER BILL OF RIGHTS: MAJOR REFORM OR MINOR ADJUSTMENT?
BY DAVID TOMASELLI In response to the current economic crisis in the United States, legislators and government agencies have proposed aggressive action to achieve financial stability by reducing risk for shareholders investing in publicly-traded corporations. Continue Reading>
A FIDUCIARY DUTY FOR ALL?
BY KRISTINA A. FAUSTI For years, the investment adviser community has called for all financial professionals who provide investment advice to be subject to the fiduciary standard. On June 17, 2009, it seemed their calls would be answered when the Obama Administration issued its framework for financial regulatory reform, which […]
DO FIDUCIARY DUTIES OF MANAGERS AND MEMBERS OF LIMITED LIABILITY COMPANIES EXIST AS WITH MAJORITY SHAREHOLDERS OF CLOSELY HELD CORPORATIONS?
BY THOMAS M. MADDEN, ESQ. Though a matter of corporate law—not limited liability company law—Smith v. Van Gorkom2 was the 1985 Delaware decision that laid the groundwork for the apparently increasing ambiguity over fiduciary duties of and among managers and members of limited liability companies. 3 The Van Gorkom court […]
OBESITY AS A DISABILITY UNDER THE AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT AND THE AMENDMENTS’ AFFECT ON OBESITY CLAIMS UNDER THE PENNSYLVANIA HUMAN RELATIONS ACT: SHOULD EMPLOYERS ANTICIPATE A BIG CHANGE?
BY AMIE A. THOMPSON Imagine you are the owner of a factory, and you have just begun a long day of promising interviews for a new supervisor position. Your first candidate walks through the door and he is a five-foot three-inch tall man weighing more than 340 pounds. You respectfully […]
