Monthly Archives: October 2010

Be very afraid.  Danger lurks yonder.  If your company has an ERISA plan—and most do—make sure your corporate veil is intact. The Employee Retirement Income Security Act (ERISA) is a federal law that sets minimum standards for pension and health … Continue reading →

The ‘limited liability company’, like the corporation, is a creature of state law.  The first states to adopt the LLC as a form of business organization did so less than 20 years ago.  Other states followed after the American Bar … Continue reading →

Board Portals

It is interesting to compare the risk of personal liability for directors of U.K. companies against the risk for directors of U.S. companies.  In the U.S., personal liability can exist for directors when they cause financial harm to the corporation, … Continue reading →

The question of whether a corporation is “doing business” in a particular state is very difficult to answer because it depends on all the facts of a specific situation, the laws and court decisions of the state in question, and … Continue reading →

Here is a link to an informative post by Attorney Jack P. Roberts at his Minnesota Business & Real Estate Law Blog: Piercing the Corporate Veil in Minnesota

On September 1, 2009, the New York Stock Exchange announced that it would form a Commission on Corporate Governance to address U.S. corporate governance and the proxy process.  In creating the Commission the NYSE sought to include a diverse group … Continue reading →

Many companies with defined benefit pension plans are using unrealistic projections for the future income from portfolio investments, which in turn conceals the extent of underfunding.  Last month David Zion of Credit Suisse issued a report on the defined benefit … Continue reading →

\”Legal Outsourcing: Time to Take things Outside?\”

On October 4, 2010, the Securities and Exchange Commission announced a delay in the effectiveness of its recently adopted proxy access rules, scheduled to take effect on November 15, 2010.   The new proxy rules, which apply to all U.S. companies … Continue reading →