Saturday, November 1, 2014

Promotion of Sustainability Increasing Among Large U.S. Companies, Study Finds

November 15, 2011 in World Climate Change Report · Leave a Comment 

Almost 75 percent of Standard & Poor’s top 500 U.S. companies tout sustainability efforts on their websites, according to a new study…

First Greenhouse Gas Permit in Texas Approved by EPA for Gas-Fired Power Plant

November 15, 2011 in World Climate Change Report · Leave a Comment 

The Environmental Protection Agency on Nov. 10 issued the first greenhouse gas emissions permit in Texas since it took over permitting authority after the state refused to implement the federal greenhouse gas emissions program.

BNA INSIGHTS: Extraterritorial Misappropriation: Federal Circuit Affirms ITC Enforcement of Trade Secrets Against Imports From China

The U.S. Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s finding of a violation of Section 337 of the Tariff Act of 1930, in relation to the importation of certain railway wheels, predicated on misappropriation that occurred in China…

Privacy, Policing, Technology Issues Intersect In GPS Tracking Arguments to Supreme Court

The U.S. Supreme Court heard oral argument Nov. 8 in a criminal case that some privacy advocates are casting as one of the most important to come before the justices in decades…

U.S. Court Imposes Record $92.8 Million Fine for Insider Trading on Rajaratnam

Billionaire hedge fund manager Raj Rajaratnam, recently handed a record 11-year prison term for masterminding a massive insider trading scheme, was ordered by the U.S. District Court to pay a record monetary penalty of $92,805,705 in the SEC’s related enforcement action…

BNA INSIGHTS: Recent Developments in Patent Enforcement in the Cloud

Two cases testing the standards of joint patent infringement liability for method claims are awaiting en banc review by the Federal Circuit. Those disputes and other recent case law may have significant implications for ever-expanding cloud-based computing services. Two patent attorneys from Seyfarth Shaw, Washington, D.C., advise practitioners to consider the changing legal landscape in protecting and enforcing such innovations…

Introduction of House Online Piracy Legislation Sets Off Storm of Controversy

Within minutes of the announcement of the introduction on Oct. 26 of the Stop Online Piracy Act, there was a flurry of statements from supporters and, particularly, from detractors denouncing the legislation…

Cyber Theft of U.S. Firms’ Trade Secrets Poses Growing Threat, Report Says

The cyber theft of U.S. companies’ trade secrets by foreign actors has become a “significant and growing” threat to the nation’s prosperity and security, the Obama administration said in an intelligence report released Nov. 3…

MF Global Bankruptcy May Illustrate Need For Volcker Rule Reform, Practitioners Say

November 8, 2011 in BNA's Banking Report · Leave a Comment 

Supporters of a landmark financial regulatory law currently being implemented may point to the Oct. 31 bankruptcy filing of MF Global Holdings Ltd. as evidence of the need for statutory and regulatory changes that are included in the legislation, sources told BNA…

BNA INSIGHTS: Claims of Excessive Risk Taking by Bank Directors and Officers Are in the Eye of the Beholder

November 8, 2011 in BNA's Banking Report · Leave a Comment 

This is the second of a two-part series analyzing the historical context beneath the Federal Deposit Insurance Corporation’s lawsuits against directors and officers (D’s & O’s) of banks that have failed since 2008. Part I examined statutory and common law standards of liability as they have developed since the S&L crisis of the 1980s and 1990s (97 BBR 762, 11/1/11). Part II examines the nature of claims asserted by regulators against D’s & O’s of institutions that failed during that prior crisis, the issues of standard of liability for D’s & O’s, whether the business judgment rule applies, what conduct the FDIC seeks to use as a basis for liability in the 15 lawsuits it has filed since 2008, and what the litigation might portend for D’s & O’s of banks that have thus far made it through the most turbulent financial crisis since the Great Depression.

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