BY BRIAN LUCOT In 14 Penn Plaza v. Pyett, the United States Supreme Court concluded that a collective-bargaining agreement that expressly states that Age Discrimination in Employment Act (“ADEA”) claims are subject to arbitration is enforceable as a matter of federal law. This note will give a detailed summary as […]
Articles by: Business Law Journal
STATE ENFORCEMENT OF STATE FAIR-LENDING LAWS AGAINST NATIONAL BANKS IS NOT AN EXERCISE OF VISITORIAL POWERS RESERVED EXCLUSIVELY TO THE FEDERAL GOVERNMENT BY THE NATIONAL BANK ACT: CUOMO V. CLEARING HOUSE ASSOCIATION, L.L.C.
BY JAMES THORNBURG Do states have the power to enforce their own fair-lending laws against national banks? This was the question presented to the Supreme Court of the United States in Cuomo v. Clearing House Ass’n, L.L.C. In a majority opinion by Justice Antonin Scalia, the Court answered in the […]
VISITORIAL POWERS AND THE GENERAL POWER TO ENFORCE THE LAW: ANDREW M. CUOMO, ATTORNEY GENERAL OF NEW YORK V. THE CLEARING HOUSE ASSOCIATION, L.L.C.
BY ALEXANDRA KUTCHINS The Supreme Court of the United States vacated an injunction against the attorney general of New York insofar as it prohibited him from bringing a judicial enforcement action to enforce compliance with New York fair-lending law because the vesting of visitorial powers in the Comptroller of the […]
THE SUPREME COURT’S REVIEW OF JONES V. HARRIS ASSOCIATES AND § 36(b) CLAIMS UNDER THE INVESTMENT COMPANY ACT OF 1940—A PROSPECTIVE AND ANALYTICAL VIEW
BY JAMES F. KOEHLER, ESQ. AND P. WESLEY LAMBERT, ESQ. Since its enactment, no plaintiff has ever prevailed in a court case challenging the size of an advisory fee charged by a mutual fund adviser under § 36(b) of the Investment Company Act of 1940 (the “ICA”). Continue Reading>
THE ONGOING BATTLE AGAINST INSIDER TRADING: A COMPARISON OF CHINESE AND U.S. LAW AND COMMENTS ON HOW CHINA SHOULD IMPROVE ITS INSIDER TRADING LAW ENFORCEMENT REGIME
BY LIU DUAN Almost every country prohibits insider trading in order to protect its investors and to ensure fair and competitive security markets. For the People’s Republic of China (“China”), an effective and reliable financial market reasonably free of the stain of insider trading is essential for its successful integration […]
INVIGORATING THE ROLE OF THE IN-HOUSE LEGAL ADVISOR AS STEWARD IN ETHICAL CULTURE AND GOVERNANCE AT CLIENTBUSINESS ORGANIZATIONS: FROM 21ST CENTURY FAILURES TO TRUE CALLING
BY BEN G. PENDER II As a composite, American business organizations are a moral failure. Public trust in business has reached a forty year low.1 The current global economic downturn is, “at its core, a crisis of trust.” Characterized by former NASDAQ chairman Bernard Madoff, Satyam CEO Byrraju Ramalinga Raju, […]
