BLT: November 2010

Business & Corporate

Reforms to Australian Consumer and Credit Law

This article summarizes two major developments in Australia’s consumer protection laws: the introduction of the Australian Consumer Law (ACL), a national, uniform state consumer law based on the provisions of the Australian Trade Practices Act, and the introduction of Australia’s National Consumer Credit Protection Act of 2009.

Alternative Dispute Resolution

What's Really Wrong with Forced Consumer Arbitration?

Richard M. Alderman

In this article, the author expresses concern that the nearly universal application of pre-dispute arbitration agreements in consumer contracts threatens to shut consumers out of the judicial system entirely. The solution, the author argues, is to pass the Arbitration Fairness Act, an act that prohibits the use of pre-dispute binding arbitration clauses in consumer and employment contracts.

Business & Corporate

KEEPING CURRENT: New MD&A Interpretive Release

The authors summarize a September, 2010 SEC interpretive release that is intended to improve discussion of liquidity and capital resources in management's discussion and analysis (MD&A) in order to facilitate the understanding by investors of the liquidity and funding risks facing companies.

Business & Corporate

TRAINING FOR TOMORROW: Director Independence and Corporate Governance

Bruce Dravis

This article summarizes the role of independent directors in corporate governance, and describes recent material governance law changes enacted in 2010.

Business & Corporate

Inside Business Law

This month’s IBL offers links to significant committee offerings on the following topics: the Dodd-Frank Act, FDIC and failed-bank issues, secured creditors, alternative offerings, and accounting.