October 31, 2011

Inside Business Law

Dodd-Frank: Whistleblowers and Investment Advisers

Today's business lawyer is increasingly faced with the challenges of practicing across international borders. The complex demands of cross-border transactions can seem bewildering, but the following material from the 2011 ABA Annual Meeting can help every business lawyer make their next cross-border transaction a successful one:

  • Are you familiar with one of the more contentious and hotly debated new regulation created by the Dodd-Frank Act? The whistleblower program, promulgated by the SEC, rewards individuals who provide the SEC with high-quality tips that lead to successful enforcement actions. To learn more about this "game-changing" regulation, read the following materials from the 2011 ABA Annual Meeting:
    • For an easy to follow slide show presentation on the whistleblower regulations and the full text of the final rules from the SEC, check out this presentation from the White Collar Crime and Corporate Governance Committees.
    • For in depth analysis on the new whistleblower rules, their possible impact on internal corporate compliance programs and the eligibility requirements for individual whistleblowers to receive an award, consider reading the informative articles in this presentation from the 2011 Annual Meeting [Materials | Program Audio ].
  • The Dodd-Frank Act eliminated the private adviser exemption that many advisers to venture capital funds and private funds had relied on to be exempt from registration under the Investment Advisers Act of 1940. For Dodd-Frank's impact on the registration exemptions under California law, read the article in the most recent edition of The Blue Sky Bugle, a Newsletter for Blue Sky Lawyers.

Post-Closing Indemnification Claims in M&A Deals

According to a recent study, 56% of M&A deals surveyed from 2007 to 2010 received some type of claim against the escrow, and in those deals, claims were made against an average of 51% of the escrow. Want to know which representations and warranties are most frequently the subject of indemnification claims? Be sure to read the article in the most recent edition of Deal Points, the newsletter of the Mergers and Acquisitions Committee.

Career Management and Business Development

Interested in learning how to advance your legal career? Want to know how lawyers become more successful? Do your legal career a favor and check out this presentation from the 2011 ABA Annual Meeting. The materials contain tips for all lawyers, including diverse attorneys and others [Materials].

Bankruptcy Update

Bankruptcy lawyers, be sure to review the insightful article in the Commercial Law Newsletter analyzing the recent Second Circuit decision to uphold a lower court's determination that the safe harbor in section 546(e) of the Bankruptcy Code protects from avoidance payments made by a debtor to reclaim its commercial paper prior to maturity.

Intellectual Property Issues

  • The rise of the web, social media and similar communication tools makes it easier for others to infringe on IP. Learn how to better guard your client's IP in these helpful materials from the 2011 ABA Annual Meeting [Materials].
  • Do your clients do business in China? If so, you should read these instructive materials on intellectual property and licensing strategies for companies doing business in China [Materials].

Privacy Law

For various perspectives on enforcement of data breach notification laws and other laws safeguarding personal information, read these materials from the 2011 ABA Annual Meeting [Materials]. For privacy regulations and trends and how they are on a collision course with international business, these materials are also worth a read [Materials].