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- Principal's Debt to Surety Not Discharged in Bankruptcy
- The article says about diversion of progress payments to pay expenses on another project constitutes breach of fiduciary duty owed to surety arising from express trust relationship created by indemnity agreement. One of the primary reasons debtors file bankruptcy petitions is the discharge of their pre-petition debts. The Bankruptcy Code,...
- White papers 2002-10-01
- "Bad Faith" Claims Preempted by ERISA? Stay Tuned
- "In 1987, the United States Supreme Court ruled that a claim for bad faith under Mississippi's common law was not saved from preemption by the ERISA savings clause, 29 U.S.C. Notwithstanding that the federal courts apply the same preemption test to very similar and sometimes identical claims, a difference of...
- White papers 2002-12-01
- SEC Adopts Final Rules Regarding Management Reports on Internal Controls and Certification of Public Disclosure
- Article explains the Final Rules Regarding Management Reports on Internal Controls and Certification of Public Disclosure. Under the new rules, the SEC requires companies to include in their Form 10-K or 10-KSB an internal control report of management that contains: (1) a statement of management's responsibility for establishing and maintaining...
- White papers 2003-07-01
- Continuity Of Business Enterprise And Mutual Funds:Why The Two Don't Mesh
- This article addresses the interaction of the continuity of business enterprise COBE rules with reorganizations involving investment companies. The COBE rules arise in the context of corporate reorganizations generally. While no readily available statistics have been found analyzing the numbers of mutual fund mergers and consolidations that have occurred during...
- White papers 2003-01-01
- United States, Changes to the Mutual Funds Regime
- Over the past year, the booming US economy has led to an enormous influx of US investor dollars into mutual funds. This explosion in the popularity of mutual funds has been accompanied by significant changes in the way mutual funds do business. Sophisticated investors have demanded novel investment vehicles to...
- White papers 2003-01-01
- Amendments To Rule 10b-18 Under The Securities Exchange Act Of 1934
- Rule 10b-18 (the "Rule") under the Securities Exchange Act of 1934 (the "Exchange Act"), provides issuers with a "safe harbor" from liability for stock market price manipulation under Sections 9a(2) and 10b of the Exchange Act and Rule 10b-5 under the Exchange Act, solely by reason of the manner, timing,...
- White papers 2003-10-20
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