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Supreme Court Watch: Caperton v. A.T. Massey Coal Co., Inc.
During the week of June 8, 2009, the Supreme Court held in Caperton v. A.T. Massey Coal Co., Inc. that the Due Process Clause requires an elected judge to disqualify herself when one of the parties to a lawsuit had "a significant and disproportionate influence in placing the judge on the case by...
Read MorePublic-Private Investment Program - Potential Opportunities For Investors
On March 23, 2009, the United States Department of the Treasury (the "Treasury") announced its rollout of the much anticipated Public-Private Investment Program ("P-PIP"), which is designed to raise new capital to purchase "legacy" or "toxic" residential and commercial mortgage loans and other...
Read MoreSupreme Court Reins In The Reach Of Superfund
In a decision anticipated by some to be delivered by a more divided United States Supreme Court, the High Court ruled 8 to 1 in Burlington Northern & Santa Fe Railway Co. v. United States ("Burlington Northern") that Shell Oil Company ("Shell") could not be held responsible under the...
Read MoreCasting Upstream: Fishing For False Claims Act Liability Among Subcontractors And Component-Part And Raw-Materials Suppliers
Companies that sell products directly to government entities are not the only companies that need to be concerned about lawsuits brought under the False Claims Act or equivalent state laws. The federal and state governments, as well as private plaintiffs, have used the broad language of the...
Read MoreEnactment Of The Employee Free Choice Act Will Reshape The Labor Landscape - Part II
In last month's edition of The Metropolitan Corporate Counsel , we discussed the proposed provisions of the Employee Free Choice Act ("EFCA") (H.R. 1409, 111th Cong.; S.560, 111th Cong.), which would amend the National Labor Relations Act ("NLRA") in several significant respects. This month, we...
Read MoreExposing A Major Flaw In Corporate Governance - Proxy Voting
Editor: Explain why the Millstein Center's Policy Briefing No. 3 (Policy Briefing) focuses particularly on the proxy voting practices of institutional investors and the global proxy advisory industry. Millstein: The answer is pretty simple, Al. The entire legitimacy of the corporate governance...
Read MoreDelaware Legislature Addresses Shareholder Access And Adopts Other Important Corporate Governance Provisions
In a comprehensive package of legislative changes, the Delaware General Assembly has moved swiftly to address some burning stockholder concerns, including proxy access and expense reimbursement for director-election contests. The amendments to the Delaware General Corporation Law respond to recent...
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