Spurred on by an angry public, regulators will be requiring banks to demonstrate that their compensation policies do not result in "excessive risk-taking." Any bankers hoping this issue will fade away are going to be disappointed. Risk-based compensation is on its way and banks should start now to get ready for it.
The SEC indicated in a recent litigation release that a company may avoid an SEC enforcement proceeding for a Regulation FD violation by a key employee, even when the SEC commences a proceeding against the employee responsible for the violation.
This article discusses the trend toward increased corporate litigation investment, preparedness and use of internal and external resources to simplify the process of responding to document-intensive requests. It also highlights recent common-law examples of where corporate litigation preparedness and/or response efforts have fallen short, resulting in costly consequences.
Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2010. It also looks at some recent decisions of interest, including two from the Delaware Chancery Court.
The Axcelis decision demonstrates the continued reluctance of Delaware courts to allow plaintiffs to utilize DGCL ' 220 as a means to troll for lawsuits against corporations.
Recent rulings of interest.
The recent decision in Reliastar Life Insurance Co. of New York v. Home Depot U.S.A., Inc. illustrates once again the limits of a purchaser's or lender's ability to rely on an estoppel certificate, especially when a tenant is entitled to claim constructive eviction. Moreover, the court determined that constructive eviction would trump a "hell or high water" commitment to pay rent.
While a typical for-profit client may have experience with lease negotiations or the benefit of an experienced broker, often the tax-exempt organization will not have this advantage and may, therefore, rely more heavily upon its attorney.
Did you ever think it was good practice to order a title search when your client contemplated putting in expensive improvements or in other situations where the lease may have value? It may never have crossed your mind that the failure to discuss this option with your client could amount to professional malpractice ...
