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

Director and Officer Exposure
April 28, 2010
Stockholder activism is increasing, giving rise to exposure to claims. As a result, it is prudent to assess indemnification provisions and arrangements together with D&O coverage and risk management functions.
Putting Socks on an Octopus
April 28, 2010
Managing outside counsel, particularly a large firm, can be particularly challenging. This article discusses 10 recommendations for strengthening the partnership between inside and outside counsel.
Avoiding FCPA Liability with a Robust Compliance Program
April 28, 2010
With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.
New Arbitration Rules
April 28, 2010
Following in the footsteps of its very successful mediation program, the Delaware Court of Chancery recently added a new weapon to its arsenal of alternative dispute resolution options.
How Companies Are Addressing Social Media Risk
March 29, 2010
For companies, social media presents both opportunities and risks. These risks include reputational, brand, legal, regulatory and security concerns. This article outlines some approaches that companies are taking to manage these risks.
Blogging and Your Business
March 29, 2010
As in-house counsel, if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is the company responsible?
The Determination of a Corporation's 'Principal Place of Business'
March 26, 2010
What is the "principal place of business" of a multinational corporation that has corporate headquarters in New York, but enjoys relatively few sales in that state, and instead conducts business in all 50 states and 39 other nations? What is "Business," anyway?
Tips and Time Savers for Trial Preparation
March 26, 2010
This article examines calendar and activity milestones during the three-to-four-month period before making an opening statement at trial.
Quarterly State Compliance Review
March 26, 2010
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently. It also examines some recent decisions of interest, including two from the Delaware Chancery Court.
Movers & Shakers
February 25, 2010
Who's doing what; who's going where.

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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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