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Results: 1-10 of 22

Defending Section 162(m) executive compensation derivative suits in the United States

  • Dechert LLP
  • -
  • USA
  • -
  • February 11 2013

Decisions regarding executive compensation fall squarely within the discretion of a public company's board of directors. Recently, however

BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

Plaintiffs’ firms gaining steam in new wave of say-on-pay shareholder suits?

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • November 19 2012

Over two years ago, Congress enacted Section 951 of the Dodd-Frank Act, which requires public companies to conduct an advisory shareholder vote on the company’s executive compensation plan the so-called “say-on-pay vote.”

Lawyers ask federal court to strike down Sarbanes Oxley 304 clawbacks as applied to innocent executive

  • Holland & Knight LLP
  • -
  • USA
  • -
  • August 27 2012

On July 13, 2012, two defendants in an SEC enforcement action moved to dismiss the SEC's complaint, in part on the grounds that Section 304 of SOX was unconstitutional as applied to them

Two district courts address the whistleblower provisions of the Dodd-Frank Act

  • Simpson Thacher & Bartlett LLP
  • -
  • USA
  • -
  • July 30 2012

In two recent decisions, courts have addressed the contours of the whistleblower protections enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”

Dodd-Frank's extension of SOX whistleblower protections to subsidiaries of publicly traded companies applies retroactively, says SDNY

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 18 2012

Recently, the Southern District of New York held that Section 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"), which amends Section 806 of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley" or "SOX"), can apply retroactively to protect whistleblowers working for a non-public subsidiary of a publicly traded company

Dodd-Frank’s new whistleblower protections: guidance on extraterritoriality and retroactivity

  • Debevoise & Plimpton LLP
  • -
  • USA
  • -
  • July 17 2012

Courts in the Southern District of New York and the Southern District of Texas recently have ruled on important aspects regarding the scope and applicability of new whistleblower protection rules enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”

DOL ruling expands SOX whistleblower protections and widens court conflict

  • McGuireWoods LLP
  • -
  • USA
  • -
  • June 27 2012

On May 31, 2012, the Department of Labor’s Administrative Review Board (ARB) ruled in Spinner v. David Landau & Associates that the whistleblower protections of the Sarbanes-Oxley Act apply to employees of non-public companies that contract with public companies

Directors protected from risk monitoring liability

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 19 2012

Last week, Goldman Sachs agreed to pay $22 million to regulators to resolve claims that the firm had inadequate policies in place to prevent analysts from sharing nonpublic information with traders

Corporate spending post-citizens united decision comes under attack

  • Morgan Lewis & Bockius LLP
  • -
  • USA
  • -
  • April 12 2012

The Supreme Court decision in Citizens United v. Federal Election Commission, 558 U.S. , 130 S.Ct. 876 (2010), lifted long-standing limits on corporate and labor union political spending