BLT: August 2010



Business & Corporate

Energy, Liquidity, and Crisis: Lessons from Enron and the Great Recession

The energy industry has become a leader in designing structured financial solutions to manage liquidity risks. However, some of these solutions did not work during the global financial crisis of 2008-2009. The author reviews some of past liquidity management techniques and mistakes, in light of the recent economic crisis, and offers lessons and new ideas for liquidity solutions for the energy industry and beyond.

Business & Corporate

FCPA Prosecutions: The Critical Role of the Accounting and Recordkeeping Provisions

This article highlights the critical role of the accounting and recordkeeping provisions of the Foreign Corrupt Practices Act in deterring improper inducements to foreign officials. As part of the expanding enforcement of the FCPA, the Justice Department and SEC are increasingly using the FCPA's internal controls and recordkeeping provisions to prosecute improper payments that may otherwise be beyond the reach of the ant bribery provisions.


Business & Corporate

KEEPING CURRENT: The Supreme Court Launches a Lifeboat for Business Method Patents: Bilski for Business Lawyers

The authors review U.S. Supreme Court’s 2010 decision in Bilski v. Kappos in which the Court held that business methods may be patentable. The authors lament that though Bilski may be good news for some business owners, it did not provide certainty as to which business methods are patentable, and increases the likelihood of unpredictable patent prosecution and litigation as courts attempt to develop further tests in line with the Supreme Court's reasoning.

Business & Corporate

Inside Business Law

This month’s IBL provides links to the Federal Regulation of Securities Committee’ July 2010 Report of the on Investment Company Use of Derivatives and Leverage Task Force, the Investment Companies and the Investment Advisers Subcommittee (of the Federal Regulation of Securities Committee) "Investment Management Legal Review." There are also links to the Mergers & Acquisitions Committee’s Spring newsletter, webinars from the Environmental, Energy and Natural Resources Law Committee, and the Spring newsletter from the Young Lawyer Committee.