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Individual members of LLC personally liable for torts committed in furtherance of the LLC’s business
  • Alston & Bird LLP
  • USA
  • June 20 2012

In the South Carolina case of 16 Jade Street, LLC v. R. Design Construction Company, the court wrestled with the scope of protection from tort liability provided to individual members of a limited liability company


New SEC executive compensation disclosure rules more closely reflect FAS 123r reporting for equity grants
  • Alston & Bird LLP
  • USA
  • January 3 2007

On December 22, 2006, the Securities and Exchange Commission (Commission) amended its recently adopted rules governing disclosure of executive and director compensation


SEC issues 'Dear CFO' letter regarding accounting and disclosure
  • Alston & Bird LLP
  • USA
  • March 30 2010

Recently, the Division of Corporation Finance's Office of Chief Accountant ("CFOCA") published another "Dear CFO" letter, this time providing disclosure guidance to issuers relating to repurchase agreements, securities lending transactions or other transactions involving the transfer of financial assets with an obligation to repurchase the transferred assets


Retail advertising: consumer class actions gaining traction
  • Alston & Bird LLP
  • USA
  • July 6 2015

Retailers continue to face litigation and enforcement activity concerning their price advertising practices. In particular, comparisons of "regular,"


Senate commerce committee holds hearing on consumer protection and credit crisis
  • Alston & Bird LLP
  • USA
  • February 26 2009

Today, the Senate Commerce, Science and Transportation Committee held a hearing entitled "Consumer Protection and the Credit Crisis," to examine consumer protection and the credit crisis and enforcement against fraudulent credit repair schemes under the Credit Repair Organization Act (CROA


Delaware’s unclaimed property saga continues
  • Alston & Bird LLP
  • USA
  • July 2 2012

Two significant unclaimed property developments have recently come out of Delaware: (1) the passage of Delaware Senate Bill No. 258 (S.258) and (2) the settlement of the Staples litigation


Special Master for TARP Executive Compensation makes determinations regarding compensation structures for certain executive officers and most highly compensated employees 26 100 of four TARP recipients
  • Alston & Bird LLP
  • USA
  • December 11 2009

Treasury announced today that the Special Master for TARP Executive Compensation, Kenneth R. Feinberg, released letters to four of the remaining six firms that received exceptional assistance under the Troubled Assets Relief Program (AIG, Citigroup, GM and GMAC) giving his determinations on the compensation structures for the firms’ 26 100 most highly compensated employees and executive officers who were not subject to the Special Master's October 22, 2009 decisions (“Covered Employees”


A shot across the bow: how a mass mailing might foreshadow Congress’s heightened oversight in 2007
  • Alston & Bird LLP
  • USA
  • February 20 2007

In July of 2006, the ranking Democrat on the U.S. House Committee on Small Business sent out letters to 2,500 companies requesting that those companies contact federal ordering agencies in order to correct information in the agencies’ records that identified the company as a “small business.”


House passes executive compensation bill
  • Alston & Bird LLP
  • USA
  • July 31 2009

Earlier today, by a 237-185 vote, the House approved H.R. 3269, the "Corporate and Financial Institution Compensation Fairness Act of 2009."


SEC adopts alternative uptick circuit-breaker for short sales and reiterates commitment to IFRS roadmap
  • Alston & Bird LLP
  • USA
  • February 25 2010

In an open meeting on February 24, 2010, the Securities and Exchange Commission (SEC) voted three to two to adopt new rules regulating short selling