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Articles on professional liability
 

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HTMLSEC Brings Failure to Supervise Administrative Proceeding against Broker-Dealer General Counsel
W. Hardy Callcott; Bingham McCutchen LLP;
October 30, 2009, previously published on October 27, 2009
On Oct. 19, 2009, the U.S. Securities and Exchange Commission instituted an administrative proceeding against the former general counsel of Ferris Baker Watts Inc., a well-known regional broker-dealer in the mid-Atlantic area which has since merged into a national firm. The case alleges that the...

 

HTMLIntentional Wrongdoer Can't Sue for Legal Malpractice
Hinshaw & Culbertson LLP;
October 16, 2009, previously published on October 8, 2009
The North Carolina Court of Appeals affirmed the dismissal of a legal malpractice claim based on the doctrine of in pari delicto. Dismissal under the doctrine was appropriate, despite the lawyers¿ misconduct, because the plaintiff was collaterally estopped from denying that he had committed...

 

Adobe PDFSupreme Court Preview: Securities Law Cases on the Docket
Karen Y. Bitar; Greenberg Traurig, LLP;
October 14, 2009, previously published on October 2009
With the arrival of the first Monday in October, the Supreme Court begins its new Term. On its docket are three cases involving important questions of securities law, an area that was not prominent on the Court's docket in its previous Term. In fact, while the Court heard several cases last Term...

 

Adobe PDFFiduciary Duties of Directors
Gordon G. Raman, Manoj Pundit, David Surat; Borden Ladner Gervais LLP;
October 10, 2009, previously published on April 2009
The recent troubles that Satyam Computer Services has faced stemming from the admission of its chairman to the manipulation of its financial information, has triggered a debate in India about corporate governance and the duties of directors.

 

HTMLAs Corporate Bankruptcies Rise, So Do Lawsuits Against Managers
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
October 7, 2009, previously published on September 22, 2009
In today's difficult economic climate, a growing number of companies have been forced to consider or even file for bankruptcy. Such filings may result in a stay of legal claims against the company, including those brought by current or former employees under the Fair Labor Standards Act (FLSA). But...

 

Adobe PDFThe Challenges of Being a Public Company in 2009: An Overview of Recent Developments
Cornell C.V. Wright, Leslie McCallum; Torys LLP;
October 1, 2009, previously published by 2009/2010 Lexpert/CCCA Corporate Counsel Directory and Yearbook, 8th Edition on September 2009
Canadian companies and their directors and officers are facing intense scrutiny from regulators, stock exchanges, institutional investors, shareholders and the media. Regulators in both Canada and the United States have been very active in imposing new governance and disclosure requirements and are...

 

Adobe PDFDirectors' and Officers' Liability: Recent Developments of Importance
Aaron S. Emes; Torys LLP;
October 1, 2009, previously published by 2009/2010 Lexpert/CCCA Corporate Counsel Directory and Yearbook, 8th Edition, September 2009 on 2009
Important developments have taken place in Canada recently regarding the potential for directors and officers to incur liability, specifically in the areas of (i) timely disclosure obligations; (ii) the duties of directors and officers in the context of a company that is up for sale; and (iii) the...

 

HTMLAttorney May Send Unsolicited Informational Messages under TCPA
Hinshaw & Culbertson LLP;
October 1, 2009, previously published on September 24, 2009
An attorney's unsolicited faxes containing essays related to his area of practice were not prohibited advertisements under the Telephone Consumer Protection Act (TCPA).

 

HTMLLloyd's Publishes Service Companies Code of Practice
Edwards Angell Palmer & Dodge LLP;
September 28, 2009, previously published on September 18, 2009
On 9 September 2009 Lloyd's issued Market Bulletin Y4311, informing the market that Lloyd's has published a Service Companies Code of Practice. Codes of practice are issued by Lloyd's under provisions in the Underwriting Byelaw and offer more detailed guidance to market participants on the...

 

HTMLNavigating Two Standards of Disruptive Behavior, Then Effectively Addressing It
T. Jeffrey Fitzgerald, Ann C. McCullough, Linda Michael; Faegre & Benson LLP;
September 28, 2009, previously published on September 22, 2009
In unveiling its new standards to address disruptive and inappropriate behavior within health care organizations, the Joint Commission was clear regarding the negative impact such conduct can have on a culture of safety.

 


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