Martinek Paul J.

An influential federal appeals court has given corporate defendants new ammunition to help defeat class certification in securities lawsuits. The New York-based 2nd U.S. Circuit Court of Appeals last month overturned class certification in the largest consolidated securities class action in U.S. history, directing the trial judge to view more skeptically claims that a purported […]

The Federal Trade Commission and the Federal Communications Commission may be part of the same government, but that hasn’t stopped them from reaching widely different conclusions about what is permissible when it comes to telemarketing. The FCC, for example, has taken the position that prerecorded telemarketing calls are allowed, as long as they are placed […]

Call it the other whistleblowing provision of the corporate-governance world: Section 10A of the Securities Exchange Act. While Sarbanes-Oxley might hog the spotlight when it comes to anti-fraud legislation, Section 10A has evolved into a quiet but powerful force to root out corporate misdeeds. Created as part of the Securities Litigation Reform Act of 1995, […]

Court rulings in Delaware and by federal judges across the country had an impact on a wide range of corporate-governance issues in 2006. Compliance Week has compiled overviews of 10 of the most important court decisions over the past year and gathered expert insights into the possible implications for companies in 2007 and beyond. Business […]

Mixed reviews greeted the Department of Justice’s publication of new marching orders for federal prosecutors probing allegations of corporate wrongdoing. Under the “McNulty Memo,” issued last week, U.S. attorneys are supposed to seek the approval of Deputy Attorney General Paul McNulty before asking corporations to waive the attorney-client privilege or turn over sensitive documents that […]

The new federal rules on e-discovery certainly have a hold on compliance executives’ minds these days—both figuratively and literally. In effect since last week, the rules don’t specifically address the proper procedures needed to ensure that a company’s electronic data is “held” in the event of a lawsuit. But the dramatic change in how opposing […]

Any fears that the Delaware Supreme Court might be backing off its traditional protection of corporate directors were categorically put to rest earlier this month by a decision reinforcing the high standard that must be met to sue directors for failing to exercise sufficient oversight. According to experts, the ruling in the case—Stone v. Ritter—is […]