December 25, 2014

What is the fraud-on-the-market theory in stock market transactions? This was the subject of a lengthy discourse in the case of Basic Incorporated vs. Levinson, 485 U.S. 224 (1988). Briefly, sometime in 1977 and 1978, Combustion Engineering, Inc. engaged in merger negotiations with some directors and officers of Basic Inc., a company listed on the New York Stock Exchange (NYSE). In the course... Read More

December 18, 2014

OF A RELATIVELY recent vintage, a seemingly innocuous proxy has become a subject of a judicial controversy. A proxy is a formal authority given by a stockholder empowering another to exercise his right to vote. It is a special form of agency, and a proxy holder is in the eye of the law an agent and as such a fiduciary. The Corporation Code of the Philippines recognizes voting by proxy in all... Read More

December 02, 2014

PREVALENT IS the practice by certain banks and credit card companies of issuing unsolicited credit cards to the public. One would often be surprised to receive from a bank or any credit card company a credit card, without even actually applying for one. The credit card would be complete with the intended recipient’s full name and address. Without the recipient ever using it, the next thing he... Read More

November 27, 2014

Earlier this month, the Shareholders’ Association of the Philippines, now popularly known as SharePHIL, conducted its annual general membership meeting. The occasion was graced no less than by BSP Governor Amando Tetangco Jr., who graciously shared with us BSP’s investor education program, a topic that is close to the heart of our young organization. Our mantra is shareholder empowerment through... Read More

November 25, 2014

THE ASIA Patent Attorneys Association (APAA) 63rd Council Meeting was held in Penang, Malaysia, this month. The APAA is a nongovernment organization that aims to promote and enhance intellectual property rights protection in Asia. Made up of the region’s prominent legal practitioners of intellectual property law, the APAA’s members meet annually to network with each other and to share... Read More

November 18, 2014

THE ASTOUNDING developments in information and communications technology have redefined not only our way of living but also our manner of doing things. From manual recording, we now choose electronic encoding. From face-to-face meetings, we now prefer virtual conferences. The convenience and efficiency brought about by these technological advances caused the shift toward the use of electronic... Read More

November 13, 2014

A social phenomenon nowadays is online social networking (OSN). This is exemplified by Facebook which, according to one case, “has created a worldwide forum enabling friends to share information such as thoughts, links, and photographs, with one another” (H v. W, Case No. 12/10142, Jan. 30, 2013). To address concerns about privacy, but without defeating their purpose, OSN sites use different... Read More

November 11, 2014

WE LIVE IN A TIME where everything can be accessed through the World Wide Web. With the use of high-tech gadgets, phones are no longer used for mere communication, but also for different transactions such as online banking, online shopping and the like. In keeping with the advances in technology, the government has also updated its laws and regulations to govern these kinds of online transactions... Read More

October 31, 2014

Sometime in 2015, the Philippines will host the first-ever awarding ceremonies for the winners in the Asean Corporate Governance Scorecard. Top publicly-listed companies (PLCs) in the Asean will be recognized based on their compliance with international best practices, following the OECD corporate governance principles. The scorecard will provide foreign investors and fund managers comparable... Read More

October 23, 2014

A SILENT WAR has been raging in the Davao Regions of Mindanao. Like many wars, this sprung from a craving -- a craving for bananas by Japan, China, New Zealand, East Asia, and the Middle East. This insatiable demand for bananas has been causing a banana-growing frenzy, especially in the Davao Regions. Thus, in 1998, the Philippines became the fourth largest producer of bananas worldwide. By 2007... Read More