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

The Impact of Business Intelligence
September 02, 2015
Businesses across a range of industries see the value in optimizing their processes, as doing so can have a significant impact on both their top and bottom lines. The challenge has always been how to gain insight into the areas of inefficiency and execute a plan to optimize.
Mental Health Issues in the Workplace
September 02, 2015
Many employers seem almost paralyzed by the oft-present fear over whether and how to raise the issue of mental illness with an employee. If the mental illness is having adverse impacts in the workplace, however, not addressing the issue can compound the problem or, in rare circumstances, lead to tragic consequences.
Managing Security Risks During Labor Disputes
September 02, 2015
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
Counseling the Counselors
September 02, 2015
A variety of potential liability theories ' such as professional malpractice and breach of fiduciary duty claims ' may be pursued against in-house counsel by the corporation, its shareholders, and members of the public, as well as by governmental authorities. Here's what you need to know.
<b><i>Professional Development:</i></b> The Key to Successful Summer Programs
September 02, 2015
Summer has just passed, and we are all heavily involved in the final months of the year. Nevertheless, now is the time to prepare for next summer, and here is why.
Significant UK Court Ruling on Data Protection Liability
September 02, 2015
The UK's Court of Appeal gave a very important judgment in March 2015 in a case concerning Google's Internet behavior tracking through a browser. First, misuse of private information is now classified as a tort, thereby in this case enabling proceedings to be issued against a party outside the jurisdiction of the UK; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
Vendor Limitations of Liability for Security Breaches
August 02, 2015
Counsel advising companies on vendor contracts are in a tough spot. Cybersecurity risks presented by data outsourcing demand increasing attention and resources. At the same time, outsourcing of data to third-party vendors has become, in many instances, a business necessity.
<i>Abercrombie</i> Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie.</I> The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
Browse, Click, Sign, Enforce?
August 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
Behind the SEC's Recent Crackdown on Compliance Officials
August 02, 2015
Recent comments by SEC Commissioner Daniel Gallagher were noteworthy for both their candor and the subject he raised. On June 18, he wrote that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firm's compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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