| Liabliity Under Clean Water Act |
| Enacted in 1972, The Clean Water Act1 (CWA) attempts to restore and maintain the chemical, physical, and biological integrity of United States waters by regulating the discharge of pollutants into the nation's surface waters, water treatment plants, and wetlands. Generally, a violation of the CWA occurs when a pollutant is discharged without an appropriate permit or in contravention or an effluent limitation or pretreatment requirement. More... |
| Federal Trade Commission Competition and Consumer Protection Authority |
| The U.S. Federal Trade Commission is given broad authority in the areas of competition and consumer protection law by Section 5 of the Federal Trade Commission Act, 15 U.S.C.S. § 45. Section 5 declares unlawful any "[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce," and Section 5 gives the Commission authority to prevent use of unfair methods of competition and deceptive acts or practices.More... |
| The Regulation A Registration Exemption for Small Securities Offerings |
| Under section 3(b) of the Securities Act of 1933, the Securities and Exchange Commission has established Regulation A to exempt small offerings of securities from registration requirements. While the exemption does not relieve a company from its obligation not to use false or misleading statements or from state law requirements, Regulation A allows companies to issue and sell securities with less burden and expense than normally required. More... |
| Director or Officer Liability under the FMLA |
| Congress enacted the Family and Medical Leave Act (FMLA)1 in 1993 "to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity." The FMLA directed employers to establish practices and policies that would entitle employees "to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition." More... |
| Corporate Creditors |
| Generally, directors do not owe a fiduciary duty to a corporate creditor when that creditor has contracted exclusively with the corporation. However, a director may owe a fiduciary duty to a corporate creditor to protect the corporate assets when the corporation becomes insolvent. More... |
Appleton Law Offices, P.A.
Business, Commercial & Real Estate Litigation
