March 31, 2011

Inside Business Law

Doing Business in Canada

Green Investing and Environmental Due Diligence

Lending Through the Credit Crisis

  • As we all know, it's been a tumultuous few years for the loan market. For a great recap of the challenges in the recent credit crisis, and the response of the Loan Syndications and Trading Association, peruse this article in the Commercial Law Newsletter.
  • If you work with lenders or borrowers seeking to avoid default, you should know about the recent case law involving forbearance agreements and workouts. For updates on lender liability, commercial reasonableness and guaranty enforcement, be sure to read this article, presented at the Fall Meeting of the Commercial Finance and UCC Committees.
  • Could you use a primer on financing goods? R. Marshall Grodner's article, presented at the Fall Meeting of the Commercial Finance and UCC Committees, gets back to the basics and provides a great overview of the financing of commercial goods, and the use of their proceeds to give rise to further collateral.
  • For some important practical advice on the creation and enforcement of membership interest collateral in Delaware LLCs, don't miss this panel from the Fall Meeting of the Commercial Finance and UCC Committees.

Update on Proxy Issues and Executive Compensation

  • If you work with corporate boards, do you think the stay on the SEC's new proxy access rules means you don't have to worry about them yet? For a thorough argument of why the time to consider structural corporate governance issues is now, consider this article by Charles Nathan and Paul Kukish, presented at a panel on proxy access offered by the Federal Regulation of Securities Committee at the Business Law Section Fall Meeting.
  • Now is also a good time to consider the impact of proxy advisory firms, and what their advice can mean for corporate governance issues and hedge fund activism. Make time for this program from the Corporate Governance Committee.

    » Audio (part 1) | Audio (part 2)

  • With 2011 now underway, you may also want to review some practical guidance on the executive compensation issues imposed by the Dodd-Frank Act that are now in force. A great overview can be found in the materials from this presentation by the Federal Regulation of Securities Committee at the ABA Business Law Fall Meeting [Materials | Audio]. For an in-depth look at the potential impact of the say-on-pay provisions, complete with considerations for presenting these issues to shareholders, check out this program sponsored by the Corporate Governance Committee [ Audio].

Privacy in Cyberspace

  • The recent issue of the Cyberspace Law Newsletter presents some fascinating questions involving privacy issues in an increasingly online world.
  • For an update on the first fines for data privacy violations issued under the U.K. Data Protection Act, see this article by Marc Lederer.
  • May an employer search the devices it issues to its employees without violating the Fourth Amendment?
  • Did you know that some insurance companies want to look at your Facebook profile and Twitter feed when they're underwriting your insurance policy? Don't miss Marie-Andree Weiss's eye-opening article on this controversial topic, and its implications under the Fair Credit Reporting Act.
  • Cloud computing is a convenient and potentially cost-saving practice on the cutting edge of technology. But have you considered the legal implications, such as the impact on e-discovery, jurisdiction, and attorney-client privilege? What about privacy concerns? For a great overview of these questions, be sure to read Alan Wernick's thought-provoking article.