Article(s) published by this organization: 78
 | SEC Proposes to Add Flexibility to E-Proxy Rules To Increase Voter Response Jerry J. Burgdoerfer, William L. Tolbert, Elaine Wolff, Michael L. DeMarino; Jenner & Block LLP; October 28, 2009, previously published on October 19, 2009 The number of individual shareholders who vote when they receive only a notice informing them of the availability of proxy materials on the internet is significantly lower than when those shareholders receive a full set of proxy materials, according to recent statistics. In response to this trend,... |
| U.S. v. Gerald and Patricia Green Highlights the Need to be prepared for Aggressive Litigation Tactics in FCPA Prosecutions Iris Bennett, Jessie Kong Liu, Caroline A. Keller; Jenner & Block LLP; October 22, 2009, previously published on October 6, 2009 On Friday, September 11, Gerald and Patricia Green were convicted at trial of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and U.S. money laundering laws, as well as nine counts of substantive FCPA violations and six counts of substantive money laundering violations. Patricia... |
| SEC Proposes New Rules for Disclosure by Issuers of Credit Ratings and Liability of Rating Agencies as "Experts" Jerry J. Burgdoerfer, William L. Tolbert, Elaine Wolff, Erik Robert Daly; Jenner & Block LLP; October 22, 2009, previously published on October 12, 2009 Even when securities are highly rated, investors can suffer significant losses. Citing losses of 70% in the value of AAA-rated mortgage backed securities from January 2007 to January 2008, the Securities and Exchange Commission (the "SEC") on October 7, 2009, published proposed amendments... |
| Water Scarcity: A Critical Climate Change Challenge for Business E. Lynn Grayson; Jenner & Block LLP; September 19, 2009, previously published on August 2009 While reduction of greenhouse gas emissions is the best known, most often debated climate change challenge, water scarcity is emerging as the more significant concern confronting the international environment. A report recently released by Ceres and the Pacific Institute, Water Scarcity &... |
| Cashed-Out Shareholders May Bring Class Action for Damages and Appraisal C. John Koch; Jenner & Block LLP; September 3, 2009, previously published on July 2009 In Berger v. Pubco Corp., No. 509, 2008, 2009 WL 1976529 (Del. July 9, 2009), the Delaware Supreme Court held that minority shareholders who tender in short-form mergers based on incomplete disclosures may bring a class action for damages without an "opt in" requirement or the need to... |
| Texas Rejects "Open and Obvious Danger" Standard Barry Levenstam; Jenner & Block LLP; August 18, 2009, previously published on June 2009 In Timpte Industries, Inc. v. Gish, No. 08-0043, 2009 WL 1566988 (Tex. June 5, 2009), the Texas Supreme Court upheld a summary judgment ruling for the defendant in a personal injury action in which the plaintiff had alleged that a loading mechanism on the top of a truck trailer was defectively... |
| Supreme Court to Review Place of Operations Test for Corporate Citizenship Matthew J. Thomas; Jenner & Block LLP; August 18, 2009, previously published on June 2009 The United States Supreme Courthas granted certiorari to review the Ninth Circuit's holding in Friend v. Hertz Corp., 297 Fed. Appx. 690 (9th Cir. 2008), 77 USLW 3665 (U.S. June 8, 2009) (No. 08-1107), in which the appellate court determined that Hertz was a California citizen for purposes of... |
| Supreme Court Vacates FELA Verdict Due to Improper Jury Instructions Barry Levenstam; Jenner & Block LLP; August 18, 2009, previously published on June 2009 In CSX Transportation, Inc. v. Hensley, 129 S. Ct. 2139 (2009) the United States Supreme Court vacated a $5 million jury award issued by a Tennessee state trial court in favor of a railroad worker, and it remanded the matter for further proceedings. The Court held that the trial court had refused... |
| Parties Have 30 Days to Appeal FCA Claims Unless Government Intervenes Matthew J. Thomas; Jenner & Block LLP; August 20, 2009, previously published on June 2009 The United States Supreme Court held that parties have only 30 days to appeal judgments in False Claims Act ("FCA") actions in which the Government has declined to intervene. In U.S., ex rel. Eisenstein v. City of New York, New York, 129 S. Ct. 2230 (2009), the Petitioner filed a qui tam... |
| AIG Co-Conspirators Immune from Derivative Liability for Bid Rigging C. John Koch; Jenner & Block LLP; August 18, 2009, previously published on June 2009 In American International Group, Inc. v. Greenberg, No. 769, 2009 WL 1684808 (Del. Ch. June 17, 2009), the Delaware Chancery Court dismissed a derivative action brought by AIG shareholders against insurance companies and brokerage firms that allegedly participated with AIG in a bid-rigging... |
