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We found 1,049 results for "The Corporate Counselor"...

EU-U.S. Privacy Shield Finalized
September 01, 2016
The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.
Patchwork Paid Sick Leave Laws
September 01, 2016
When it comes to initiating employment legislation, we're living in a time when state and city lawmakers are the change agents. From adopting equal pay legislation to raising the minimum wage or instituting paid parental leave, inaction by the United States Congress has resulted in many states and cities taking matters into their own hands.
The New FCPA Cooperation Plan
September 01, 2016
On April 5, 2016, the DOJ issued an Enforcement and Guidance Plan concerning the FCPA. While the new Plan could be interpreted as a novel departure from past precedent, careful analysis reveals that it does little to alter or clarify how the DOJ will review cases or reward companies for significant cooperation in addressing anti-corruption global issues.
Raising Capital
August 01, 2016
Given the vast competition for early stage venture capital and the increased scrutiny being applied by investors to valuations and business plans, it is more important than ever to approach capital raising thoughtfully. Here are four considerations for increasing your chance of success.
The User-Friendly Proxy Statement
August 01, 2016
Attention, public companies: While your proxy statement is likely your most read disclosure document, its readership is spotty. Your retail owners and employees likely focus on some of the compensation information, but little else. Here's how to fix the problem.
Investing in New Technologies
August 01, 2016
Until recently, corporate legal departments often had more leeway in complying with corporate operational and budgetary expectations than other departments. Now, however, companies are expecting legal departments to more accurately predict the quality, timing and cost for their services.
Bilingual Trials
August 01, 2016
With the growth in international commerce and diversity of the United States population, general counsel are increasingly finding themselves dealing with bilingual trials. Here is what you need to know.
Private Equity Investment Funds, Beware!
August 01, 2016
On March 28, 2016, the United States District Court for the District of Massachusetts released a controversial opinion that could have a chilling effect on private equity funds considering whether to invest in companies with pension obligations.
The 'Panama Papers' Leak
August 01, 2016
The removal and release of approximately 11.5 million documents, including 4.4 million e-mails, from the Panamanian law firm Mossack Fonseca in early Spring 2016 has generated countless headlines over the past few months, and it continues to do so as of this writing. Here is what you need to know.
The Internet of Things
July 01, 2016
The buzz phrase "Internet of Things" is seemingly everywhere. What is it, what can it do for us, and what concerns does it present? More specifically, while the Internet of Things ("IoT," for short) presents tremendous opportunities for businesses, are there corresponding risks, or elements of the IoT that businesses should consider staying away from?

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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