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

Ethics and the New Compliance Ethos
September 29, 2010
All who are involved with compliance programs as advisers and counselors must take heed of recent developments at the U.S. Sentencing Commission and the Organization for Economic Cooperation and Development (OECD).
Insurance Coverage in Consumer Class Actions
September 29, 2010
The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.
Bribery in Today's China
September 29, 2010
The Chinese government has a labyrinth of laws, administrative directions and rules designed to thwart bribery and corruption. Such regulations have heretofore not been enforced with the appropriate rigor. Now, things are changing.
Government Contracts and the Cloud
September 29, 2010
The Obama Administration is rapidly fulfilling its pledge to leap into cloud computing with both feet. Here are the pros and cons.
Quarterly State Compliance Review
September 28, 2010
A look at some legislation of interest to corporate lawyers that went into effect during the last quarter, including amendments to Delaware's corporation, LLC and LP laws. Also, three recent decisions dealing with the inspection of books and records.
The U.S. Supreme Court and Business
September 28, 2010
Nowhere does it say (that the Justices must limit their penultimate review only to matters of constitutional law. In fact, the Supreme Court gives equal weight to crucial issues that affect the conduct of business in these United States.
Changing the Rules for Testifying Experts
August 21, 2010
A discussion of upcoming changes to Rule 26, which not only simplify the expert's role, but potentially benefit the litigants as well.
SLAPPED for Speaking Out?
August 21, 2010
Anti-SLAPP statutes are designed to level the playing field ' to discourage the plaintiff from filing suit by adding to the arsenal of tools available to the defendants in a civil lawsuit. Here's a look at recent litigation.
Federal Court Authorizes Clawback of Bonuses from CEO Under SOX
August 21, 2010
In a case of first impression, <i>SEC v. Jenkins</i>, the United States District Court for the District of Arizona refused to dismiss an action brought by the SEC seeking reimbursement of bonuses and securities trading profits from a corporate CEO under Section 304 of SOX.
Is What's Past Prologue?
August 21, 2010
This article considers changes in the regulatory climate prior to the 2010 proxy season and the actual voting results, and looks at some issues that will affect proxy seasons in 2011 and beyond.

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    “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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