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Last month's multi-million dollar settlements by the individual directors of Enron and WorldCom no doubt will exacerbate anxieties already being felt by corporate directors and increase instances of questions such as:
The answer to question one is an unqualified “yes.” In order to get that unqualified answer and in response to questions two and three, however, the mandate to directors is “do your job.” Sounds simplistic, but before you stop reading, those of you who were fans of the show L.A. Law should reflect on the first episode. In that tale, one of the firm's senior partners died at work in his corner office. Putting aside the ensuing struggle among the remaining partners over who would succeed to the office, consider what was said about the departed partner at his funeral: “There is one word to symbolize this man — fiduciary.”
I am confident that many of us found this humorous at the time. Upon reflection, however, are we able to describe with that same term (ie, fiduciary) many of the players of recently failed companies (eg, Enron, WorldCom, Tyco, HealthSouth)? If we could, would many of the outcomes have been different?
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.