Dodd-Frank.com

SEC Warns Rating Agencies

By

The Securities and Exchange Commission today issued a report cautioning credit rating agencies about deceptive ratings conduct and the importance of sufficient internal controls over the policies, procedures, and methodologies the firms use to determine credit ratings. The report says that because of uncertainty regarding a jurisdictional nexus between the... Read More

Topics: Banking, Litigation, Public Companies and Securities

Fiduciary Duty Rulemaking Looms for Brokerage Industry

By

An article in yesterday’s Wall Street Journal provides a good, short overview of the issues and differing viewpoints surrounding the SEC’s upcoming broker-dealer fiduciary duty rulemaking.   As the article correctly points out, registered investment advisers have long been held to a fiduciary standard vis-a-vis their clients.  The brokerage industry has generally resisted... Read More

Topics: Banking, Litigation, Public Companies and Securities

Representing Compensation Committees — Regular Counsel Need Not Apply?

By

The Dodd-Frank Act contains a number of provisions designed to improve the independence and operations of Compensation Committees.  But in doing so, has Congress made it more difficult – if not impossible – for a company’s regular outside law firm to assist its Comp Committee? The Act provides that a... Read More

Topics: Executive Compensation, Litigation, Public Companies and Securities

Whistleblowers, Dodd-Frank and Sarbanes-Oxley

By

The Dodd-Frank Act and the Sarbanes-Oxley Act both have provisions for whistleblowers.  Public companies need to be familiar with all of these provisions. The Dodd-Frank Act provides that if a “whistleblower” provides “original information” in certain judicial or administrative actions, the whistleblower may be entitled to as much as 10... Read More

Topics: Employment, Litigation, Public Companies and Securities

Dodd-Frank and Litigation

By

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) was signed into law by President Obama on July 21, 2010. Referred to by many as the most sweeping financial reform legislation since the 1930s, the Dodd-Frank Act is likely to have a significant impact across the spectrum of... Read More

Topics: Litigation