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The Commodity Futures Trading Commission (the "Commission" or "CFTC") has adopted significant amendments to the Part 4 rules, which govern the operations and activities of commodity pool operators ("CPOs") and commodity trading advisors ("CTAs") under the Commodity Exchange Act (the "CEA").

The Securities and Exchange Commission ("SEC") adopted rules implementing the new whistleblower program mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act on May 25, 2011 ("Dodd-Frank").

On July 13, 2010, the Court of Appeals for the Third Circuit ruled in IUE-CWA v. Visteon Corporation (In re Visteon) that despite a debtor‟s unilateral right to modify or terminate retiree benefits outside of bankruptcy, the debtor must still comply with the restrictions set forth in section 1114 of the Bankruptcy Code when seeking to modify or terminate those benefits during a chapter 11 case.

On June 15, 2009, Treasury published an interim final rule (the “Rule”) that provides long-awaited guidance on the executive compensation and corporate governance standards imposed by the Emergency Economic Stabilization Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009. Previously, on June 10, 2009, Treasury released a statement on compensation that sets forth five principles that are intended to be the basis for future guidelines to which all public companies, part

On October 31, 2011, the Honorable Kevin J. Carey, Bankruptcy Judge of the United States Bankruptcy Court for the District of Delaware, issued an opinion denying confirmation of two competing proposed plans of reorganization in the chapter 11 cases of In re Tribune Company, et al. (the "Tribune Cases").

Compliance with the Guidance is crucial to reducing the risks associated with the coming into force of the new UK Bribery Act (the "Bribery Act") and to avoid potentially substantial corporate bribery fines.

In evaluating claims against J.P. Morgan1 in its role as Amaranth Advisors LLC‟s futures commission merchant and clearing broker, the Second Circuit followed Learned Hand‟s 1938 articulation "that aiding and abetting requires the defendant to „in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, that he seek by his action to make it succeed.‟"

Investment in health care is one of four cornerstones of President Obama’s proposed economic stimulus plan (“the Obama Plan”).

On June 29, 2012, the Commodity Futures Trading Commission (the "CFTC" or the "Commission") approved two notices addressing the application of certain swap provisions under The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act")1 to U.S. and non-U.S.2 swap dealers ("SDs"), major swap participants ("MSPs") and their foreign affiliates, and other related issues.

The SEC has long acknowledged the increased globalization of capital markets and the disparity in financial reporting between US companies following US generally accepted accounting principles, or US GAAP, and non-US companies using a variety of financial reporting standards.

Recent Congressional testimony summarized the results of the federal government’s sustained assault on the attorney-client privilege over the past decade:

On October 14, 2008, the US Department of the Treasury (the “Treasury”) announced the development of three programs under the Troubled Asset Relief Program (“TARP”) authorized by the Emergency Economic Stabilization Act of 2008 (the “EESA”).

A unilateral jurisdiction clause is a dispute resolution clause that gives one party a jurisdictional option that the other party does not have.

The US Securities and Exchange Commission (the "SEC") has amended the cross-border exemptions for tender and exchange offers and other business combination transactions involving foreign private issuers.

RiskMetrics Group, the proxy advisory firm formerly known as Institutional Shareholder Services (“RMG”), has released its annual US Corporate Governance Policy Update for the 2009 proxy season (the “2009 Policy Update”).

The goal of the Bona Fide Prospective Purchaser Defense, enacted in January 2002, was to lessen the harshness of the Comprehensive Environmental Response, Compensation, and Liability Act.

The sweeping overhaul of the financial system in the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank" or "Act") included a provision to encourage more "whistleblowers" to disclose alleged wrongdoing by publicly traded companies, financial services institutions, and other covered entities by rewarding those who come forward with substantial monetary awards.

It happens all the time: a public company employee seeks career advice from a mentor, spouse, or friend with whom they have a longstanding relationship of trust and confidence.