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Fiduciary Duty Rulemaking Looms for Brokerage Industry

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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?

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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

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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

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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