Yesterday's Supreme Court ruling that state regulators can take national banks to court in order to enforce state consumer protection laws is yet another blow to the principle of “preemption.” For those non-constitutional law scholars out there, preemption is the means by which federal law supersedes state law when contradictions between the two arise. In this case, New York Attorney General Andrew Cuomo and his predecessor Eliot Spitzer sought to enforce state consumer protection laws against ... Read More

In this regular feature, Bulletproof interviews top plaintiffs’ attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Stephen D. Susman of Houston’s Susman & Godfrey LLP. In the decades since his landmark 1980 victory, in which he won an award in excess of $550 million for victims of a nationwide price-fixing conspiracy, Mr. Susman has commanded the respect of business leaders and lawyers alike, on ... Read More

This summer, the energy industry stands at a crossroads. The global warming debate is all-but decided. Another summer of surging prices is likely on the horizon. Action in Washington on myriad energy issues seems like a forgone conclusion.   In this month’s edition of Levick’s e-newsletter, High Stakes™, we examine the foremost communications challenges facing four pillars of the energy industry -- when what they do next may very well define their roles in America’s energy future. At ... Read More

The FDA is at it again. The latest product to fall victim to the newly-energized agency is Zicam, an over-the-counter cold and allergy product that some users claim has damaged their sense of smell. Unlike prescription drugs, over-the-counter remedies like Zicam don’t require FDA approval before they go on the market. But since 2007, companies have been required to report what are called “adverse events” related to their products. After the agency spotted the Zicam complaints ... Read More

Each week, Bulletproof Blog features exclusive interviews with thought leaders on issues of critical importance to companies and countries. This week – fresh on the heels of the NACD Directorship Global Forum and with high-profile proxy and bankruptcy battles making headlines – we interview Francis Byrd of The Altman Group, the fastest growing proxy firm in the United States. Mr. Byrd is Managing Director and Co-Leader for the Corporate Governance Advisory Practice. In this capacity, he ... Read More

In an era of sweeping regulatory reform, major evolutions in media, and unprecedented public anger toward Corporate America, boards of directors are asking two questions when it comes to reputational risk management in the Digital Age. First, what is our role in crisis? And second, how do we best prepare? These topics and many others were addressed during the 2009 NACD Directorship Global Forum, which brought together more than 100 of the most influential minds in ... Read More