LexisNexis® Legal Newsroom
Coding, Coding...Gone

Data collected and coded: It seems like one of those moments where one sits back and reflects on what one has done or an optimist may refer to as "accomplished". After completing the coding of all the fields in to an excel spreadsheet I decided to read the chapter in Lawless, Robbennolt...

Wheeler v Ross (unreported): Power of court to order meeting under s306 Companies Act 2006 approved

Last month the Chancery Division used the power under s306 of the Companies Act 2006 to order a meeting of the company. s306 states: (1) This section applies if for any reason it is impracticable- (a) to call a meeting of the company in any manner which meetings of that company may be called...

Directors' Duties: Unforeseen consequences of a statutory footing?

Placing directors' duties on a statutory footing opened the floodgates for debate about interpretation of these duties as to whether the new statutory duties conflicted with the old common law duties. However, an overlooked issue is the way in which fiduciary duties are applied. The statutory...

EC publishes Green Paper on Modernising the Professional Qualifications Directives

The EC have published a Green Paper on 'Modernising the Professional Qualifications Directive ' (COM) 2011. This Green Paper seeks to modernise professional qualifications within the EU where the service sector accounts for 70% of GDP whereas intra-EU trade in services only accounts for...

Bartz firing and "group think": An apple is an apple no matter what you call it

As many of you may have read about this morning, Carol Bartz, CEO of Yahoo! Inc, was fired . A single instance of a female CEO being fired: But what can this potentially tell us about the phenomenon of "group-think"? Group-think is a simple idea that those working closely together...

Holland [2010] UKSC 51: Extracting a rationale for determining de facto directors

Last year the Supreme Court passed down its judgment on a matter regarding de facto directors. De facto directors are those who were either appointed defectively or were not appointed at all. Holland deals with this latter type of de facto director in trying to address when one can be classed...

Fiduciary Law Publications

The Boston University Law Review has recently published a series of articles in its journal on fiduciary law. These publications are the result of a symposium on 'The Role of Fiduciary Law and Trust in the Twenty-First Century'. Panel 1 publications focused on the nature of fiduciary...

European Commission Press Release: New rules for more efficient, resilient and transparent financial markets in Europe

The European Commission has recently published a press release announcing plans to revise the Markets in Financial Instruments Directive (MiFID) in the form of a Directive and a Regulation. The aim is to ensure all trading venues have to "play by the same transparency rules and that conflicts...

How much is too much?

A short discussion about a year long inquiry by the High Pay Commission as to executive remuneration is available on the BBC website . The full report can be found here . See here for the news article. Also, see here for the full business 'bottom line' about business ambition. ...