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

Restitution for Internal Investigation Costs Under the MVRA
August 31, 2011
Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.
Opinion Says Lawyers May Check Jurors' Online Activity
July 28, 2011
Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said in a recent ethics opinion.
Strategic Buyers Go to 'School' on Financial Buyers
July 28, 2011
<i>The Corporate Counselor</i>'s editor-in-chief recently had the pleasure of attending the Dealmakers' Summit, a unique private event dedicated to the discussion and analysis of hot-button topics currently facing equity investors, advisers, and their bankers. He reports on the lively debate.
Crafting Arbitration Clauses
July 28, 2011
A well-crafted arbitration clause, written before a dispute arises and trust has broken down among the parties, can effectively address the concerns that have been expressed about arbitration. This article tells you how to draft one.
Navigating the Potentially Conflicting Demands of U.S. Discovery Obligations and EU Data Protection Laws
July 28, 2011
Complying with U.S. discovery demands can involve enormous effort and expense, even in the best of circumstances. But the process can become even more difficult when EU data protection laws prohibit the disclosure of the requested information.
The SEC's Renewed Focus on Regulation FD
July 28, 2011
In the past 18 months, the SEC has brought two Regulation Fair Disclosure ("Regulation FD") enforcement actions. While this number may not appear particularly significant, past history (the SEC brought seven enforcement actions from 2002 to 2005) and recent SEC guidance indicates that the SEC has renewed its emphasis on enforcing Regulation FD.
Class Action Lessons from Wal-Mart v. Dukes
July 28, 2011
The Supreme Court's decision in <i>Wal-Mart v. Dukes</i> draws bright lines that will redound to businesses' benefit and limit the size and scope of class actions in the future.
Book Review
June 28, 2011
<i>Legal Project Management ' Quick Reference Guide, Tools and Templates to Increase Efficiency (Second Edition)<i> By James Hassett, Ph.D.
Don't Ask and Don't Tell
June 27, 2011
Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.
Staying Afloat Through the Flood
June 27, 2011
This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.

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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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