January 31, 2011

Inside Business Law

Whistleblowers and Executive Compensation

  • These two topics are capturing the attention of corporate executives in 2011, and the Federal Regulation of Securities Committee is at the forefront of providing thoughtful comment to the SEC.
  • How can the SEC implement workable rules that appropriately incentivize corporate employees consistent with the Dodd-Frank Act while also supporting companies' extensive compliance systems? See the very thoughtful comment letter from the Committee to the SEC regarding the SEC's proposed rules for implementing the Dodd-Frank Act's Whistleblower program.
  • Golden Parachutes or Cotton Quilts - What do Shareholders Say? In this economy, providing appropriate incentives to talented corporate executives can be a challenge, as can developing workable rules to implement Dodd-Frank Act's executive compensation provisions. To stay current in this developing area, be sure to read the Committee's letter regarding shareholder approval of executive compensation and golden parachutes, and the letter regarding reporting of proxy votes on executive compensation. 

In Pari Delicto Doctrine - and What It Means in Bankruptcy

  • If two parties are "in equal fault," it can be complicated to get a court to grant relief, particularly in the bankruptcy context. A recent webcast by the Business Bankruptcy Committee tackled this thorny topic and is available here.
  • Need more on in pari delicto? The Business Bankruptcy Fall Meeting featured even more in-depth case summaries and analysis.

The Bureau of Consumer Financial Protection: Further Analysis of the Dodd-Frank Act's New Regulator

What can we expect from the new Bureau of Consumer Financial Protection? The Banking Law Committee's Fall meeting offered several in-depth presentations shedding some light on this question.

  • For insights on what the new kid on the regulatory block may mean to retail financial services, check out Donald Lampe's presentation.
  • The new regulator will also mean changes for thrifts as well as savings and loan holding companies, so don't miss this presentation on the future of thrift and S&L oversight.
  • The Bureau of Consumer Financial Protection will also create unique concerns about pre-emption of state laws. If these are concerns to you, be sure to review Travis Nelson's presentation.

Spotlight on Uniform Laws

  • If you need a detailed summary of the 2010 amendments to Article 9 of the Uniform Commercial Code, look no further than Edwin Smith's article in the Fall Commercial Law Newsletter, the joint product of the Commercial Finance and Uniform Commercial Code Committees.
  • For an interesting roundup of recently controversial UCC cases, spend some time with Stephen Sepinuck and Kristen Adams' UCC Spotlight column in the Commercial Law Newsletter.
  • Did you know that only 35 states currently issue titles to boats? If you are interested in uniform state laws or maritime finance, check out the Report of the ABA Advisor on the work of the Drafting Committee of the National Conference of Commissioners on Uniform State Laws, which is working on a Uniform Certificate of Title Act for Vessels ("UCOTAV").