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

Where Is the Data?
June 27, 2011
If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.
Quarterly State Compliance Review
June 27, 2011
This edition of the Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2011. It also looks at recent decisions of interest from the courts of Delaware, California, and Nevada.
SEC Adopts New 'Bounty Hunter' Rules Designed to Encourage Whistleblowers
June 27, 2011
The SEC recently adopted "bounty hunter" whistleblower rules that are likely to encourage employees of public companies to report potential violations of securities laws directly to the SEC, rather than in accordance with established internal company compliance and reporting procedures.
What In-House Counsel Should Know About the New Lease Accounting Standards
May 22, 2011
New accounting laws are in the final stages of being enacted. What does this have to do with in-house counsel? An explanation of the new standards and why they matter.
A Compelling Need for Change in Legal Hold Practices
May 22, 2011
Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.
Understanding and Mitigating the Legal Risks of Cloud Computing
May 22, 2011
There are also information governance implications, especially those involving electronic discovery, when moving to the cloud.
10 Tips for Helping Corporate Legal Departments Demonstrate Value
May 22, 2011
It is no longer enough to simply be a great lawyer and risk manager; corporate counsel must be effective business managers and be able to demonstrate the value they create for their companies in order to be considered successful.
Federal District Court Applies Supreme Court's 'Nerve Center' Test
May 21, 2011
While corporate executives and their advisers will no doubt appreciate the certainty provided by the Supreme Court's affirmation of the "nerve center" test for determining a corporation's principal place of business, they must be mindful that the courts will focus on the actual "center of direction, control, and coordination" rather than artificial attempts to manipulate jurisdiction.
Social Media and Its Effects
April 24, 2011
In the legal world, the role of social media has become more prevalent in the last five years. Attorneys and their clients are grappling with how this emerging technology will affect their cases.
The Duty to Preserve in an Uncertain World
April 24, 2011
As detailed in a recent ruling, the duty to preserve attaches whenever a party reasonably anticipates litigation. However, there are other scenarios that have less clear-cut answers.

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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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