BLT: February/March 2011

Business & Corporate

FDIC Seeking to Recoup Failed Bank Losses from Bank Directors

This article highlights recent actions taken by the FDIC against bank directors of failing banks for breach of their duties as directors and officers. The article also outlines steps that directors of troubled banks can take to protect themselves from potential FDIC lawsuits.

Business & Corporate

Rogue Officers and Misled Auditors: Judicial Outcomes Vary

Stuart L. Pachman

This article sets out a hypothetical involving rogue officers who provide false financial information to an innocent auditor. It then traces the implications of that hypothesis, in terms of liability, as played out in several recent cases involving rogue officers.

Business & Corporate

KEEPING CURRENT: SEC Adopts Final Rules Implementing Dodd-Frank "Say on Pay"

Laura Thatcher

The author highlights the SEC’s final rules on Dodd-Frank’s “Say to Pay” provisions. In so doing, the author contrasts the final rules with the language in the proposed rules and offers some observations on the rules’ impact.

Business & Corporate

KEEPING CURRENT: Hart-Scott-Rodino Thresholds Revised, Effective February 24

The author summarizes new FTC rules regarding jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Act and similar threshold adjustments under the Clayton Act.

Business & Corporate

KEEPING CURRENT: Supreme Court Considers Foreign Manufacturer's Challenge on Jurisdiction

Kelly Wilkins MacHenry

The author reviews a personal jurisdiction case being considered by the Supreme Court. The case involves personal jurisdiction over a foreign manufacturer. The outcome could affect the way that foreign companies do business and advertise in the U.S.

Business & Corporate

Inside Business Law

This month’s IBL links to interesting articles and materials on doing business in Canada, green investing and environmental due diligence, lending through the credit crisis, proxy access and executive compensation, and privacy in cyberspace.