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Bingham McCutchen LLP Hartford, CT Document Search Results (7) Sort by:  | SEC Staff Study Presents Congress with Options for Expanding the Private Right of Action under Section 10(B) Following Morrison v. National Australia Bank
Michael D. Blanchard, Amy Natterson Kroll, Christopher M. Wasil; Bingham McCutchen LLP;
Legal Alert/Article April 20, 2012, previously published on April 19, 2012 Ruling on the extraterritorial scope of Section 10(b) of the 1934 Act, in 2010 the Supreme Court in Morrison v. National Australia Bank rejected the expansive “conduct and effects” tests, and limited the reach of Section 10(b) to instances in which the security at issue is sold in the...
| | State Securities Regulator Temporarily Enjoined From Pursuing Restitution On Behalf Of Citizens Subject To Class Action Settlement
Michael D. Blanchard, Jennifer M. Sepic, Jeffrey M. Tebbs; Bingham McCutchen LLP;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 The district court for the Northern District of Texas, presiding over a securities class action settlement involving Securities America, Inc. (“SAI”), entered a temporary restraining order on Feb. 13, 2012, enjoining the Montana Commissioner of Securities and Insurance from seeking...
| | Separate and Unequal — Delaware Decision in CML V, LLC v. Bax Holds LLC Creditors Have No Standing to Bring Derivative Actions During Insolvency
Michael D. Blanchard, P. Sabin Willett; Bingham McCutchen LLP;
Legal Alert/Article September 21, 2011, previously published on September 19, 2011 Four years ago, in N. Am. Catholic Educ. Programming Found., Inc. v. Gheewalla, 930 A.2d 92 (Del.2007), the Delaware Supreme Court held that a creditor of an insolvent Delaware corporation had standing to bring a derivative action. Earlier this month, the court held that this rule does not apply to...
| | Connecticut Becomes First State to Pass Mandatory Paid Sick Leave Law
Sara R. Simeonidis; Bingham McCutchen LLP;
Legal Alert/Article July 22, 2011, previously published on July 19, 2011 On July 1, 2011, Connecticut became the first state to mandate paid sick leave for certain employees. The Act (PA 11-52), which takes effect on January 1, 2012, requires employers with 50 or more employees in Connecticut to provide up to 40 hours of paid sick leave to “service worker”...
| | "Say on Pay”: Shareholder “No” Votes Now Leading to Derivative Actions Challenging Executive Compensation
Michael D. Blanchard, Beth I.Z. Boland, Jared A. Craft; Bingham McCutchen LLP;
Legal Alert/Article July 12, 2011, previously published on July 7, 2011 Section 951 of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires companies subject to the proxy solicitation requirements of the Securities and Exchange Act to hold a shareholder advisory vote on executive compensation as disclosed in the company’s proxy statement. Since...
| | Second Circuit Decision in Enron Affirms That Bankruptcy Code Safe Harbor Applies to Pre-Maturity Commercial Paper Payments
Joshua Dorchak, Mark Michael Elliott, Harold S. Horwich, P. Sabin Willett; Bingham McCutchen LLP;
Legal Alert/Article July 12, 2011, previously published on July 8, 2011 On June 28, 2011, the Second Circuit Court of Appeals decided Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., ING VP Balanced Portfolio, Inc., and ING VP Bond Portfolio, Inc., providing further assurance to investors in commercial paper that their secondary market transactions in the paper...
| | In re River Road Hotel Partners, LLC: Seventh Circuit Holds That Secured Creditors Cannot Be Denied Credit Bid Rights
Benjamin J. Cordiano, Jeffrey S. Sabin, Edwin E. Smith, P. Sabin Willett; Bingham McCutchen LLP;
Legal Alert/Article July 12, 2011, previously published on July 11, 2011 On June 28, 2011, the Seventh Circuit Court of Appeals decided In re River Road Hotel Partners, LLC, holding that, absent consent, when a plan of reorganization proposes a sale of encumbered assets free and clear of liens and security interests, the secured creditors cannot be denied the right to...
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