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On July 10, 2009, the SEC issued proposed regulations enhancing the disclosure of compensation and corporate governance matters that registered companies are required to provide to their shareholders.

Today, in a debate notable more for its liveliness than its import, the Supreme Court heard oral argument on the latest False Claims Act "public disclosure" bar question to have reached the Court’s doorstep due to conflicting circuit court decisions.

Last Friday, President Bush signed the Emergency Economic Stabilization Act of 2008 (the "Act"). The Act imposes on financial institutions new executive compensation and corporate governance standards and amends the deductibility limits and golden parachute provisions under the Internal Revenue Code.

On July 1, 2011, the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") issued the new Libyan Sanctions Regulations ("LSR"), 31 C.F.R. Part 570. See Libyan Sanctions Regulations, 76 Fed. Reg. 38,562 (July 1, 2011).

On January 21, 2011, the Securities and Exchange Commission ("SEC") released the study (the "Fiduciary Study") of its staff mandated by Section 913 of Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act").

Yesterday, the Supreme Court heard oral argument in United States ex rel. Eisenstein v. City of New York, No. 08-660, a case that never should have been before the Court to resolve an issue that never should have arisen

On July 29, 2008, the United States Court of Appeals for the District of Columbia Circuit (“Circuit Court”) reversed the district court’s denial of the Federal Trade Commission’s (“FTC’s or Commission’s”) request for a preliminary injunction to block the merger of Whole Foods Market, Inc. (“Whole Foods”) and Wild Oats Markets, Inc. (“Wild Oats”).

On October 15, 2012, Institutional Shareholder Services (ISS) issued proposed updates to its proxy voting guidelines for 2013.

On August 29, 2012, the Securities & Exchange Commission approved proposed rules to implement Section 201(a) of the Jumpstart Our Business Startups Act.

Today, with two Commissioners dissenting, the SEC adopted final rules implementing the new whistleblower program created last July by the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act").

On February 25, 2011, the Antitrust Division of the Department of Justice (the "DOJ") announced the simultaneous filing and settlement of its first major monopolization suit since 1999 in an action against a Texas hospital, United Regional Health Care System ("United Regional").

The Federal Trade Commission ("FTC") has announced proposed modifications to the Form that must be submitted for reportable transactions subject to premerger notification under the Hart-Scott-Rodino Act of 1976 (the "HSR Act").

The Financial Industry Regulatory Authority ("FINRA") recently proposed and requested comment on new rules relating to FINRA membership as part of its ongoing effort to produce a consolidated rulebook.1 The proposed FINRA rules would adopt many provisions of the current NASD rules, while incorporating certain provisions of the NYSE membership rules.

On October 18, 2011 the S.E.C. published for comment1 FINRA’s proposed Rule 5123 relating to private placements. Rule 5123 would be the companion to Rule 5122, which currently applies only to private placements of securities issued by FINRA members or their control affiliates.

Investors who hold both debt and equity in a financially distressed company may be confronted with efforts to have their debt investments recharacterized as equity. Recharacterization is an equitable remedy that bankruptcy courts have used as a basis to look past the form and characterization of an obligation as debt and find the subject obligation to be equity.

One of the most significant events in the history of US financial services occurred on September 7, 2008, when the Federal Housing Finance Agency (“FHFA”) placed Freddie Mac and Fannie Mae (“Enterprises”) into conservatorship.

In a decision in “In re Enron Corp., et al.”, 2007 U.S. Dist. LEXIS 63129, No. 05-01025 (S.D.N.Y. August 27, 2007), the Honorable Shira Scheindlin, held that the sale of a claim that is subject to equitable subordination under section 510(c) or disallowance under section 502(d) of the Bankruptcy Code may insulate the claim from subordination and disallowance when asserted against the buyer of the claim.

Effective tomorrow, New York’s False Claims Act becomes one of the strongest state laws of its kind in the country, even exceeding the federal FCA in several respects.