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  • | The Corporate Counselor

    Equity Crowdfunding

    April 01, 2016 |

    There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).

  • A New Leadership Model Is Needed

    November 24, 2009 |

    Even though there are signs that the economy is starting to recover, this recession will have a far great impact on the legal profession than any previous recession in the last 70 years. Here's why.

  • Sarbanes-Oxley Versus The Attorney-Client Privilege

    November 29, 2005 |

    Ironically, the SEC and the Department of Justice, which enforce SOX's criminal provisions, appear ready to burden the traditional ethical obligations of corporate legal counselors to keep client communications confidential in an effort to police the integrity and ethics of other corporate gatekeepers. To that end, the SEC imposes certain reporting requirements on corporate counselors, attempts to preempt state ethics rules, and DOJ prosecutors routinely pressure "target" corporations to waive the attorney-client privilege to obtain "cooperation" points. Corporate counselors must be aware of those initiatives to properly balance their competing obligations.

  • 2005 Bankruptcy Act: What Your Company Needs To Know

    July 28, 2005 |

    On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). The Act made significant modifications to the United States Bankruptcy Code (11 U.S.C. Section 101, et seq.) and related federal statutes. While initial focus centered on the Act's consumer bankruptcy provisions, the Act also contains provisions that significantly impact businesses and their representatives, including officers, directors and employees.