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CESR publishes statement on reclassification of financial instruments
- Dentons
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- European Union
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- January 9 2009
CESR has monitored accounting developments, especially discussions on financial instruments and fair value accounting
China seeks help to pursue certain foreign investors
- Dorsey & Whitney LLP
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- China
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- January 2 2009
China is seeking cooperation from foreign law enforcement establishments to help pursue foreign investors who leave the country without properly liquidating their assets and winding up their business operations in China
Your rights when dealing with an insolvent customer
- Porter Wright Morris & Arthur LLP
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- USA
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- January 16 2009
With the state of the economy, some of your customers may be turning into slow pays or, worse, no pays
U.K. government announces new business loan programs
- Alston & Bird LLP
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- United Kingdom
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- January 14 2009
Today, the U.K. government announced “a package of measures designed to address the cash flow, credit and investment needs of small and medium businesses.”
Failure to timely file SEC reports is not a default under certain indenture reporting covenants
- White & Case LLP
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- USA
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- January 13 2009
Companies that have issued or plan to issue debt securities are facing an unusual confluence of circumstances: a severely discounted secondary debt market combined with an increasing level of internal corporate investigation activity resulting from, among other things, requirements imposed by the Sarbanes-Oxley Act
Directors' duties and shareholder circulars and why (a little) legalese may be no bad thing
- Wragge & Co LLP
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- United Kingdom
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- January 5 2009
By way of legal background, the Companies Act 2006 introduced into English law a "code of conduct" for directors (source: the Government's explanatory notes to the Act
Ninth Circuit holds that Section 304 of the Sarbanes Oxley Act does not provide litigants with a private right of action
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- January 6 2009
In In re Digimarc Corporation Derivative Litigation, 2008 WL 5171347 (9th Cir. Dec. 11, 2008), the United States Court of Appeals for the Ninth Circuit held that Section 304 of the Sarbanes-Oxley Act (15 U.S.C. 7243), which provides for the forfeiture of certain bonuses and profits when corporate officers fail to comply with securities law reporting requirements, does not create a private right of action
Full Court of the Federal Court refuses to grant a director access to the books and records of a company in receivership in Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed)
- Gilbert + Tobin
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- Australia
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- March 31 2013
This case highlights the pre-eminent position of receivers over directors in realising assets the subject of the receivership. Receivers will be
Smith Estate v. National Money Mart Co.: what you need to know about the conflict between arbitration and class proceedings statutes in Ontario
- Borden Ladner Gervais LLP
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- Canada
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- December 31 2008
The following recent Ontario Court of Appeal decision will be of interest to businesses dealing with retail customers where arbitration clauses are included in the consumer contracts
Advancement rights of former directors and officers
- Hunton & Williams LLP
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- USA
- -
- January 14 2009
A recent settlement in the case of Schoon v. Troy Corporation pending before the Delaware Supreme Court should cause all directors and officers to review their rights to advancement of litigation expenses
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