Newsletters

Actions for Discriminations under the Comprehensive Environmental Response, Compensation and Liability Act

Protection for CERCLA or Superfund Whistleblowers

Whistleblowers Under the Safe Drinking Water Act

The Safe Drinking Water Act provides protection for whistleblower-employees who file claims under the statute.

Limitations on Margin Trading

Limitations on Margin Trading

Independent Director Requirements for Companies on the New York Stock Exchange

Independent directors must make up the majority of the board of directors of any company listed on the New York Stock Exchange, according to NYSE Rule 303A.01. The board of directors of each company on the Exchange is responsible for determining that each of the listed company's independent directors meets criteria for independence.

Failing Company Defense

A merger or acquisition that has the potential to lessen competition significantly may violate Section 7 of the Clayton Act, 15 U.S.C.S. § 18. However, a "failing company" defense has emerged from case law and legislative history of an amendment to Section 7 that allows an acquisition or merger to proceed if the company being acquired is subject to imminent bankruptcy or liquidation, and the acquiring company is the only prospective purchaser of the failing company.