Commentary & Analysis

Is the SEC encouraging unethical whistleblowing by counsel?

By Nick Morgan, Esq., and Haley Greenberg, DLA Piper

From Westlaw Journal Securities Litigation & Regulation: Nick Morgan and Haley Greenberg of DLA Piper discuss how attorneys can receive whistleblower awards from the Securities and Exchange Commission for reporting a public company’s securities law violations, and how that reporting may conflict with state ethics laws.

A complaint filed in June in a Chicago federal court revealed the identities of three people who allegedly claim a portion of the largest ever bounty awarded by the Securities and Exchange Commission under the Dodd-Frank whistleblower program.1  A dispute between two of the three purported whistleblowers over the $14 million bounty announced last October resulted in litigation, shedding unusual light on an issue otherwise shielded from public view.

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Our values in action

One of the key reasons I joined Thomson Reuters after years in investment banking was the company’s focus on its people and the strong support of senior leadership to create an environment where employees can thrive and customers can benefit from the collective knowledge of our employees. This has proven to be true over the past two-and-a-half years I have been here.

As I have seen, Thomson Reuters is committed to delivering on our purpose and values. This is represented through a variety of media, methods and materials. However, what’s really important is how we operate as individuals and as a collective organization every day.

Through corporate responsibility and diversity and inclusion efforts, we aim to empower sustainable growth for our people, our markets and our world. We do this by: (more…)

‘When is it OK to take your ex-spouse off insurance?,’ by Bruce Provda

 

 

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Bruce Provda

Bruce Provda

‘Beyond checking the box: Disaster planning for financial institutions,’ by Doug Langley and Stuart Winn, Preparis Inc.

 

 

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Stuart Winn

Stuart Winn

Doug Langley

Doug Langley

Supreme Court rejects special presumption of prudence for ESOP fiduciaries

By Steven Flores, Esq., Winston & Strawn

From Westlaw Journal Securities: Steve Flores of Winston & Strawn discusses a recent U.S. Supreme Court decision that will impact cases concerning employee stock ownership plans.

In Fifth Third Bancorp. v. Dudenhoeffer, 134 S. Ct. 2459 (June 25, 2014), the U.S. Supreme Court rejected a widely accepted presumption of prudence favoring fiduciaries of qualified retirement plans designed to invest primarily in employer stock through employee stock ownership plans, or ESOPs.  The plaintiffs in this case alleged that in 2007, Fifth Third Bancorp and several officers breached fiduciary duties to the Fifth Third ESOP, because they knew, or should have known, that Fifth Third’s stock was overvalued and excessively risky.

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‘Cyber governance: What every director needs to know,’ by Paul A. Ferrillo, Esq., Weil Gotshal & Manges

 

 

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Paul Ferrillo

Paul Ferrillo

 

Can I fly or can’t I fly? Drones in the wake of the NTSB’s Pirker opinion

By Tim Adelman, Esq., LeClairRyan

From Westlaw Journal Aviation: Attorney Tim Adelman of LeClairRyan discusses the recent influx of drones into U.S. airspace and the challenges the Federal Aviation Administration faces in determining whether or how to regulate these new aircraft.

One of the fastest-evolving areas of aviation is the use of drones.  Although “drone” is the popular term, it is not used in the industry, which initially used “unmanned aerial vehicle,” or UAV.

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Fracking-related quakes may keep courts busy

By Chris Faulkner, Breitling Energy

From Westlaw Journal Environmental: Chris Faulkner of Breitling Energy, and author of the book “The Fracking Truth,” discusses the connection between the underground disposal of contaminated fracking fluids and earthquakes, and makes recommendations on how to address the ongoing disposal problem.

For a long time, experts believed the act of retrieving oil and gas from shale formations through the method of hydraulic fracturing, more commonly known as fracking, was causing minor earthquakes nearby.  The earthquakes were few and far between, and when they did occur, were very minor in nature.

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‘ESI: My Amex! Litigators and clients must work together to reduce e-discovery costs,’ by Chad Stouffer, Esq., and Aaron Lukas, Esq., Cozen O’Connor

 

 

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Chad Stouffer

Chad Stouffer

Aaron Lukas

Aaron Lukas

Fringe Benefits: Alpha Here and Now

The fashion world lives and dies on trends, but lately the apparel sector has been suffering from a lack of compelling new looks. Shoppers don’t open their wallets when they think they have similar items in their closets – and the winter’s bad weather kept them home. As the season warms up, perhaps fringe styles will kick-start retail sales. Read the full analysis on Alpha Now.