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23 Mar 2009, 2:03 pm
The roster of cases reveals a hole in the anti-fraud strategy the U.S. government pursued following scandals at Enron Corp. and WorldCom Inc. [read post]
29 Jan 2009, 12:09 am
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How to Ask for an Outside Counsel Budget That Really Means Something
Legal Times
One pie-in-the-sky ideal for budgets from outside counsel is that law firms will submit accurate projections of their costs on all matters, extending out for a year, and that in-house managers will review the budgets critically and analyze and act on that information. [read post]
5 Jan 2009, 7:00 am
Credibility comes from ethical and hard nosed attitudes about enforcement, something that would be lost if they were viewed either inside or outside the agency as little more than sieves for industry. [read post]
9 Dec 2008, 1:15 pm
But the case studies presented above, particularly the Enron case, clearly demonstrate that even boards completely dominated by independent outsiders are not immune from capture. [read post]
15 Oct 2008, 2:21 pm
Boards must hear from independent, unaffiliated outsiders, he said, lamenting that "too many directors don't actually understand the company's business. [read post]
6 Oct 2008, 3:00 pm
The internal controls had to be examined by outside auditors. [read post]
24 Sep 2008, 5:11 pm
"That being said, it must be noted that the Enron cohort of scandals involved some element of fraudulent conduct on the part of the actors involved (that included both insiders such as the board and managers as well as outside gatekeepers such as auditors), while in the current situation there has been no such allegation or finding yet, with the situation arising mostly from misjudgments in valuing complex financial instruments and transactions that these companies either… [read post]
23 Sep 2008, 6:49 pm
In part chapter 11 is to blame -- there has been almost no effort to explain why AIG is different from Enron, United Airlines, or any other really big corporation that has recently failed. [read post]
20 Sep 2008, 3:49 am
"That being said, it must be noted that the Enron cohort of scandals involved some element of fraudulent conduct on the part of the actors involved (that included both insiders such as the board and managers as well as outside gatekeepers such as auditors), while in the current situation there has been no such allegation or finding yet, with the situation arising mostly from misjudgments in valuing complex financial instruments and transactions that these companies either… [read post]
17 Sep 2008, 12:10 pm
The lawsuits sought to represent 1200 shareholders and to seek recovery against “several financial institutions and Enron outside officers and directors” under seven theories – “common law fraud and fraud-on-the-market, negligence, statutory fraud, aiding and abetting liability under the Texas Securities Act, civil conspiracy, aiding and abetting common law fraud, and negligent misrepresentation. [read post]
27 Aug 2008, 12:21 pm
Discovery Sanctions Imposed in Securities Fraud Class Action After Parties Entered into Class Action Settlement and Informed District Court that Sanctions should not be Imposed must be Vacated because Parties may "Bargain Away the Right to Receive Compensatory Sanctions" Fifth Circuit Holds Various individual and class action lawsuits alleging were filed against former outside directors of Enron following its collapse; some of those individual and… [read post]
25 Jul 2008, 5:01 pm
We then focus on the labor market for outside directors to evaluate the consequences of the implementation decision. [read post]
12 Jun 2008, 7:14 pm
Conglomerate has now hosted this workshop for the past three summers, and we have come to believe that the workshop provides a great service of matching junior authors with more senior experts in their field and also with other readers inside and outside of the academy. [read post]
8 Jun 2008, 10:14 pm
”)As if that were not enough, the company also disclosed that it had also awarded options to its outside compensation consultant, Lyons Benenson & Co., but the grant had been accounted for as if the consultant (Harvey Benenson) were an employee. [read post]
5 Jun 2008, 6:15 pm
Former CFTC Official Says the Way Enron Loophole Closed Will Lead to Regulatory ArbitrageA former senior CFTC official maintains that the manner in which the recent Farm Bill closed the Enron Loophole will lead to further regulatory arbitrage. [read post]
4 May 2008, 11:20 pm
Most of the time, Warren Buffet’s activities, when unrelated to Gen Re, fall outside the Law Blog’s long-arm jurisdiction. [read post]
19 Apr 2008, 8:50 am
Would outside equity ownership be a boon or a curse? [read post]
31 Mar 2008, 5:15 am
Despite its advantages in attracting entity charters, Delaware is vulnerable to other states' choosing not to adhere to the internal affairs doctrine – the choice-of-law rule that mandates application of the law of the state of incorporation to disputes among directors, officers, and shareholders. [read post]
26 Mar 2008, 5:15 am
The nine outside directors? [read post]
19 Mar 2008, 6:28 pm
(It's the Enron story, but without a Fastow or JEDI, that we know of.) [read post]
