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Proposed Amendments to U.S. Sentencing Guidelines (Baker & McKenzie LLP)
  • The importance of corporate ethics and compliance programs has been emphasized by U.S. law enforcement authorities since the early 1990s, when the U.S. Sentencing Commission first issued Guidelines offering credit in the form of reduced penalties to companies that work diligently to prevent misconduct.
    • Contract Law Update, Is an Executed Term Sheet a Binding Contract or an Unenforceable "Agreement to Agree" (Jones Day)
  • Whether an executed term sheet detailing the terms of a loan represents a binding agreement to lend or merely an unenforceable "agreement to agree" was the subject of an important ruling handed down by the Appellate Division of the New York State Supreme Court in February 2010.
    • Point Taken: ECSC Court of Appeal Hands Down Landmark Insolvency Ruling (Harneys)
  • The recent Eastern Caribbean Court of Appeal decision in Trade and Commerce Bank v. Island Point Properties S.A. has important implications for insolvency law within the British Virgin Islands, as well as for other jurisdictions which share a similar statutory framework to the BVI’s Insolvency Act 2003 (the "Act").
    • The Obligations Of Persons To Disclose Interests In Irish Companies (Eversheds O'Donnell Sweeney)
  • The purpose of this article is to explain the obligations imposed on directors and other persons to disclose certain interests or rights in shares and debentures of companies incorporated in Ireland, whether to the company itself, the Takeover Panel or the Irish Stock Exchange.
    • SEC v. Jenkins: No-Fault Clawbacks for Executive Compensation Take Hold (DLA Piper )
  • In a case of first impression, a federal district court has endorsed the SEC’s interpretation of the clawback provision (Section 304) of the Sarbanes-Oxley Act (SOX) and held that the SEC can seek to clawback incentive-based compensation awarded to the CEO or CFO of a public company that restates its financial statements even when that CEO or CFO is not alleged to be involved in any misconduct associated with the restatement.
    • Business Entities Available (PKF Malta)
  • This type of business entity is the least regulated and is subject to the least number of formalities in terms of Maltese law. The sole requirement to commence operation is to obtain a trading licence and one may commence operation immediately.
    • SEC Adopts Proxy Access Rules for Shareholder Nomination of Directors (Hogan Lovells US LLP)
  • On 24 August the SEC adopted rule changes that will provide public company shareholders with the ability to include in their company's proxy materials their own nominees for election to the company's board of directors.
    • Are Your Directors Human? (MacRoberts)
  • Does your company have corporate directors? If so, you might want to read on.
    • Tips for Directors facing Business Difficulties (28th July 2010) (Mason Hayes & Curran)
  • The rapid downturn in the economy means company directors are faced with new challenges, possibly on a greater scale and more complex than ever before.
    • Proxy Access Mandatory for Public Companies Beginning in 2011 (Foley & Lardner)
  • On August 25, 2010, the SEC adopted final proxy access rules, giving qualified shareholders or groups of shareholders the right to require most publicly traded U.S. companies to include certain director candidates that those shareholders have nominated in the companies' annual meeting proxy materials.