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

What's Mine Is Not Yours
December 31, 2014
An officer or director's company exit often feels like a divorce. Companies are quick to enforce non-compete agreements and protect trade secrets as the divorce unravels, but often do not consider protection of legal communications in which the officer or director participated.
Quarterly State Compliance Review
December 31, 2014
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect during the last quarter. It also examines some recent decisions of interest, including three from Delaware.
The Case for the GC
December 31, 2014
In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.
Can the EEOC Be Trusted to Police Its Own Compliance?
December 31, 2014
The EEOC has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. This conciliation process often works to the benefit of employers, the Commission, and the individuals whom it represents. But is this always the case?
The Pros and Cons of Arbitration
December 31, 2014
Arbitration is the ever-evolving tool of choice for many organizations seeking to resolve disputes without resorting to more costly and time-consuming litigation. In this roundtable, the panel discusses trends, challenges, innovative new models and what the future holds for arbitration.
IP Outsourcing
November 30, 2014
The growing demand for IP to be at the center of commercial strategy, together with a squeeze on resources and budgets, has resulted in many in-house teams looking for alternative ways to organize and manage their IP work.
The EU 'Right to Be Forgotten' Judgment
November 30, 2014
When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, it sent ripples that impact online privacy in the United States.
Transforming e-Discovery Into a Standard Business Process
November 30, 2014
In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
Government Investigations and Proceedings
November 30, 2014
An area of significant concern for most companies is an investigation by a government regulator, and the subsequent administrative proceeding. Companies should plan ahead by obtaining insurance that will insulate their bottom line from government investigations and administrative proceedings.
The Settlement Privilege and the Threat of Legal Action
November 30, 2014
Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.

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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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