Age Discrimination in Employment
August 25, 2009
Age Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission.
Proposed Changes to Disclosure Rules
August 25, 2009
On July 10, 2009, the Securities and Exchange Commission (SEC) released its proposals for a number of changes to the compensation disclosure and proxy rules. Many of the proposed changes do not seem dramatic at first glance, but they could lead to surprising results.
Organizational Risk in an Economic Downturn
July 28, 2009
During turbulent economic times, organizations need to be especially vigilant to minimize potential risks that could ultimately affect the bottom line or shareholder ROI.
Shareholders to Gain Access to Company Proxy Statements for Director Nominations
July 28, 2009
On May 20, 2009, the SEC proposed amendments to the existing proxy rules that would, among other things, allow shareholders to nominate directors in a company's proxy materials. Chairman Mary Schapiro strongly encourages interested parties to participate in the Commission's comment process that will end on Aug. 17, 2009.
Performing a Litigation Audit on Your Corporate Agreements
July 28, 2009
In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.
Grant Money Doesn't Come Free
July 28, 2009
Here is a list of some things that in-house counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act. This list is especially critical for grant neophytes, particularly for-profit companies making their first foray into the grants world.
Virtual Contacts and Personal Jurisdiction
June 29, 2009
This article analyzes how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of "cloud computing," including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated.