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

Privacy in the Cloud
January 28, 2011
This article describes the special legal considerations that apply when moving personal information to the cloud. It also offers a framework to help companies navigate these issues to arrive at a solution that meets their own legal and business needs.
The New DOJ/FTC Horizontal Merger Guidelines
January 28, 2011
Last August, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued revisions to their joint Horizontal Merger Guidelines (HMG). This article discusses the new guidelines.
DE Supreme Court Rejects Stockholder-Proposed Bylaw Amendment
January 28, 2011
In October 2010, the Delaware Court of Chancery ruled in <i>Airgas, Inc. v. Air Products and Chemicals, Inc.</i> that a bylaw amendment sponsored by Air Products and approved by Airgas stockholders was effective to accelerate the date of Airgas' annual stockholders meeting by several months.
2010 Litigation Trends Survey
December 21, 2010
In the 2009 Fulbright &amp; Jaworski L.L.P. Litigation Trends Survey, 42% of U.S. corporate counsel reported they expected an increase in the volume of legal disputes over the coming 12 months. The 2010 survey has proved them right.
NLRB Action in the Age of Facebook
December 21, 2010
Questions of discoverability in litigation of social media interactions are constantly evolving. A look at a recent, disturbing case.
Law Department Highlights, Trends and Myths
December 21, 2010
For the 11th consecutive year, Altman Weil has conducted a Chief Legal Officer (CLO) Survey on issues of importance in managing corporate law departments. This Survey was conducted in September and October,2010.
SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?
December 20, 2010
Corporate Counsel take note: On Nov. 3, the Securities and Exchange Commission (the "SEC") published proposed Regulation 21F (the "Proposed Rules"), establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions.
Quarterly State Compliance Review
December 20, 2010
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that recently went into effect. It also looks at some recent important cases, including a Delaware Supreme Court decision.
<b>BREAKING NEWS:</b> SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?
December 06, 2010
Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.
Update: Wright Development Group, LLC v. Walsh
November 28, 2010
On Oct. 21, the Illinois Supreme Court issued its opinion in <i>Wright Development Group, LLC v. Walsh</i>, addressing for the first time the scope of Illinois' Citizen Participation Act (CPA), the state's Anti-SLAPP statute.

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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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