In the following guest post, Jeffrey Lubitz, Executive Director of ISS Securities Class Action Services, reflects on the 20th anniversary of the Enron scandal and considers the meaning of Enron for institutional investors. A version of this article was also published on the ISS Securities Class Action Services website. I would like to thank Jeff for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Jeff’s article.
Continue Reading Guest Post: 20 Years Later: Why the Enron Scandal Still Matters to Investors
Enron
Enron’s Legacies, a Decade and a Half Later
Fifteen years ago this month, the once high-flying energy company Enron completed its massive collapse when it filed a petition for bankruptcy protection. In his interesting December 2, 2016 post on the Harvard Law School Forum on Corporate Governance and Financial Regulation (here), Michael Peregrine of the McDermott, Will & Emery law firm takes a retrospective look at Enron’s downfall and suggests a number of different ways that those events have continuing relevance. As I discuss further below, there are, in addition to the considerations Peregrine notes, a number of other continuing legacies of Enron.
Continue Reading Enron’s Legacies, a Decade and a Half Later
Enron, Halliburton and the Milberg Weiss Criminal Investigation
Regular D & O Diary readers will recall my discomfort (as reflected here) with the Enron civil action plaintiffs’ leniency pleas on Andrew Fastow’s behalf at his September 26, 2006 sentencing. This week’s Fortune Magazine has an article entitled "Why Enron’s Fastow May Only Serve Five Years" (here), that explains how it…
Enron’s Legacies and D & O Risk
The following is the text of a speech (modified to optimize Internet capabilities) prepared for the Professional Liability Underwriting Society (PLUS) International Conference on November 9, 2006.
Shortly after former Enron CEO Jeffrey Skilling’s October 23, 2006 sentencing (see prior post here), the Enron Task Force announced that it was closing down, declaring that…
The End of an Era?
According to an October 25, 2006 Washington Post article entitled “End of Enron’s Saga Brings Era to a Close” (here, registration required), the sentencing of former Enron CEO Jeffrey Skilling “closed the book on an era of high profile corporate malfeasance.” Among other things, the Post article reports that “[h]ours after a judge…
Skilling’s Sentencing
On Monday October 23, 2006, the final chapter in the Enron criminal saga will conclude when Judge Sim Lake sentences former Enron CEO Jeffrey Skilling. Pundits’ estimates of Skilling’s likely sentence range from 20 to 25 years (here). The accumulated anger of the legions of Enron employees and investors seem to require a…
Enron’s Legacy?
In an October 4, 2006 Law.com article entitled “Enron’s True Legacy Is a Lesson on Compliance” (here), Andrew Weissmann, the former director of the Enron Task Force and now a partner at the Jenner & Block law firm, lays out his assessment of the lasting effects of the Enron scandal and criminal…
Fastow’s Sentence, Future Civil Litigation, and D & O Insurance
On September 26, 2006, U. S District Judge Kenneth Hoyt sentenced former Enron CFO Andrew Fastow to six years’ imprisonment, a reduction from the ten-year term to which Fastow had agreed in his January 2004 plea agreement. According to news reports (here and here), apparently among the factors that Judge Hoyt relied upon…
Notes from Around the Web
FLSA "Explosion": The June 5, 2006 issue of the Wall Street Journal has an article (subscription required) commenting on the "explosion" in cases under the Fair Labor Standards Act (FLSA). The article also contains statistics showing the number of FLSA actions increased four-fold between 2000 and 2005. EPL insurers have been struggling to find the…