Compliance Bits and Pieces for February 26

Here are some interesting compliance related stories from the past week:

List of Troubled Banks at 16-Year Peak, F.D.I.C. Says by Eric Dash in the New York Times

After weathering the nation’s worst run of bank failures in nearly two decades, the Federal Deposit Insurance Corporation announced Tuesday that it had added 450 institutions to its list of challenged lenders in 2009 and warned that the industry was likely to remain under stress.

Rakoff Backs BofA Accord, Unhappily By DAN FITZPATRICK, KARA SCANNELL And CHAD BRAY in the Wall Street Journal

A federal judge harshly criticized but approved a $150 million settlement Monday between Bank of America Corp. and the Securities & Exchange Commission, resolving claims the bank should have disclosed billions in losses at Merrill Lynch & Co. before it was acquired by the bank. U.S. District Judge Jed S. Rakoff said the fine was “paltry” when considering the Merrill merger “could have been a bank-destroying disaster if the U.S. taxpayer had not saved the day.”

SEC Announces Efforts to Educate Investors About Participating in Corporate Elections – SEC Press Release

The series of measures include amending the SEC’s e-proxy rules, issuing an Investor Alert, and creating new Internet resources that explain the proxy voting process in plain language.

Supreme Court Sets Oral Argument in Quon v. Arch Wireless for April 19, 2010 in the Hunton & Williams Privacy & Information Security Law Blog

The U.S. Supreme Court has set oral argument for April 19, 2010, to review the Ninth Circuit’s 2008 decision on employee privacy in Quon v. Arch Wireless Operating Co. Although Quon concerns the scope of privacy rights afforded to public employees under the Fourth Amendment, the case also has forced private employers to renew their focus on ensuring robust and consistent enforcement of employee monitoring policies. Unlike government employers, private employers are not subject to the Fourth Amendment’s prohibition against unreasonable searches and seizures; instead, they must comply with federal wiretap statutes and state law.

The All-In-One FCPA Enforcement List from the FCPA Blog

This is really it. A snapshot of (we think) all FCPA-related ongoing prosecutions, pending sentencings, extraditions, at-large fugitives, and appeals.

How To Write a Code of Ethics by Josh Spiro in Inc.

A code of ethics can help a business determine its priorities and values. It can also help you down the line if one of your employees or vendors drags you into legal trouble.

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