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

Law Departments Putting Cost-Cutting into Action
December 18, 2009
Cost-control methods in law departments are more than just talk as cost pressures are creating a fundamental shift in the management and operation of the departments and their interaction with outside counsel, results of a recent Hildebrandt International survey suggest.
Compensation and Risk-Taking
December 18, 2009
Spurred on by an angry public, regulators will be requiring banks to demonstrate that their compensation policies do not result in "excessive risk-taking." Any bankers hoping this issue will fade away are going to be disappointed. Risk-based compensation is on its way and banks should start now to get ready for it.
Companies May Avoid Regulation FD Enforcement Proceedings
December 18, 2009
The SEC indicated in a recent litigation release that a company may avoid an SEC enforcement proceeding for a Regulation FD violation by a key employee, even when the SEC commences a proceeding against the employee responsible for the violation.
The Corporate Takeover: Seizing Control over e-Discovery
December 18, 2009
This article discusses the trend toward increased corporate litigation investment, preparedness and use of internal and external resources to simplify the process of responding to document-intensive requests. It also highlights recent common-law examples of where corporate litigation preparedness and/or response efforts have fallen short, resulting in costly consequences.
Economic Stimulus and False Claims Act Liability
December 18, 2009
Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.
Quarterly State Compliance Review
December 18, 2009
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2010. It also looks at some recent decisions of interest, including two from the Delaware Chancery Court.
Election of Directors
December 18, 2009
The <i>Axcelis</i> decision demonstrates the continued reluctance of Delaware courts to allow plaintiffs to utilize DGCL ' 220 as a means to troll for lawsuits against corporations.
Interpreting FTC's New Endorsement Guidelines
November 25, 2009
For the first time since the 1980s, the FTC recently overhauled its guidelines and liability parameters for product endorsements and testimonials. These updated guidelines, which took effect Dec. 1, also cover the use of consumer endorsements and reviews. Entertainment companies that promote products ' and celebrities who blog and tweet ' through new media should consider how these guidelines may affect their marketing practices.
A New Leadership Model Is Needed
November 24, 2009
Even though there are signs that the economy is starting to recover, this recession will have a far great impact on the legal profession than any previous recession in the last 70 years. Here's why.
Reducing the Cost of Discovery
November 24, 2009
Analysis of how you are handling and responding to discovery requests will eliminate errors and reduce costs. This article provides a review of Lean Six Sigma in identifying avoidable problems that occur again and again across a variety of cases.

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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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