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The Corporate Counselor

Volume 24 - Number 9 | September 1, 2010

September Issue in PDF Format


Dodd-Frank Ushers in New Requirements for Public Companies and Their Boards
By Michael R. Littenberg
On July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.

Is What’s Past Prologue?
By Robert B. Lamm
This article considers changes in the regulatory climate prior to the 2010 proxy season and the actual voting results, and looks at some issues that will affect proxy seasons in 2011 and beyond.

Federal Court Authorizes Clawback of Bonuses from CEO Under SOX
By Robert S. Reder
In a case of first impression, SEC v. Jenkins, the United States District Court for the District of Arizona refused to dismiss an action brought by the SEC seeking reimbursement of bonuses and securities trading profits from a corporate CEO under Section 304 of SOX.

SLAPPED for Speaking Out?
By Julie Bauer
Anti-SLAPP statutes are designed to level the playing field — to discourage the plaintiff from filing suit by adding to the arsenal of tools available to the defendants in a civil lawsuit. Here's a look at recent litigation.

Changing the Rules for Testifying Experts
By Roger Siefert and Benito Romano
A discussion of upcoming changes to Rule 26, which not only simplify the expert’s role, but potentially benefit the litigants as well.