Employment Law
Protection for Solid Waste Disposal Act Whistleblowers
More...
Employment Law
Protection for Toxic Substances
Control Act Whistleblowers More...
Failing Company Defense
A merger or acquisition that
has the potential to lessen competition significantly
may violate Section 7 of the
Clayton Act, 15 U.S.C.S. § 18. However, a "failing
company" defense has emerged from case law and
legislative history of an amendment to Section 7 that
allows an acquisition
or merger to proceed if the company being acquired
is subject to imminent bankruptcy or liquidation, and
the
acquiring company is the only prospective purchaser
of the failing company. More...
OSHA Requirements and Standards
The Occupational Safety and Health Administration
(OSHA) is responsible under the Occupational Safety
and
Health Act of 1970 for promoting a safe workplace by
setting
standards and conducting inspections. The Act applies
to almost all employers. More...
Duty of Care
A corporate director has the duty to act in good
faith in pursuit of the company's best interests
and to use
the care that an ordinary prudent person in a
like position would use under similar circumstances.
The Model Business
Corporation Act implies that corporate officers
have an even higher duty of care because they are
intimately familiar with and knowledgeable about the
corporation's
activities and have better access to corporate
information
than directors have. Most jurisdictions recognize
that high-ranking corporate officers have a fiduciary
relationship
with the corporation. More...
