Today we continue our bi-weekly installment shining a light on the best of the corporate and securities blogosphere. Highlights include lessons to be learned from the NFL lockout, Dodd-Frank whistleblower retaliation, the rise of the General Counsel and more. If there are any corporate or securities blogs you think should be highlighted by our Top 5, please comment on this post and we’ll check them out!
1) FCPA Compliance & Ethics Blog: NFL Replacement Referees-the Lessons of Training Temporary Employees - The debacle that was the eight week lockout of NFL referees by the League has now come to an end after a number of embarrassing gaffes by the replacement refs. In this post, Thomas Fox delves into the lessons that can be learned from the NFL’s mistakes and applied more broadly.
2) California Corporate & Securities Law Blog - Can The SEC Eliminate The Prohibition On General Solicitation Retroactively? - In Section 201(a)(1) of the JOBS Act, Congress ordered the SEC to amend Regulation D to permit general solicitation or general advertising in offerings made under Rule 506 by April 5, 2012. Since we are still awaiting a final rule on the matter, Keith Paul Bishop delves into whether the SEC can still give effect to Congressional intention by adopting rule amendments with retroactive effect.
3) Securities Litigation and Regulatory Enforcement Blog - The Tip Is In the Mail: Court Tries to Make Sense of Dodd-Frank’s Whistleblower and Retaliation Provisions and Asks Whether It’s Enough Just to Send a Letter - In this post, lawyers from Orrick discuss one of the first Dodd-Frank retaliation claims to make it past a motion to dismiss in a matter involving Richard Kramer and Trans-Lux Corporation. The conclusion they draw from the case is that the definition of whistleblower is broader when it comes to Dodd-Frank’s anti-retaliation section than it is for the rest of the statute.
4) HLS Forum on Corporate Governance & Financial Regulation: The Rise of the General Counsel - This is an interesting piece by Benjamin Heineman, a former GE senior vice president for law and public affairs and a senior fellow at Harvard University’s schools of law and government. In it he observes two critical trends for major companies in the U.S. — the general counsel, not the senior partner in the law firm, often being the go-to counselor and the related, dramatic shift in power from outside private firms to inside law departments.
5) SEC Actions: The New Term: The Supreme Court Faces Conflicting Currents In Securities Litigation - The first Monday in October is the opening day of the new Supreme Court term and this term the Court has agreed to hear two significant securities cases. In this post, Tom Gorman previews Gabelli and Amgen.