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

Deciphering SEC Enforcement and Its Impact on e-Discovery
June 24, 2009
In October 2008, the Securities and Exchange Commission (SEC) for the first time made public its Enforcement Manual, the agency's internal reference guide for Enforcement Division staff in the investigation of potential violations of the federal securities laws. Law firms and corporations involved in matters before the SEC will find it a valuable resource to aid their understanding of SEC operations.
Insurance for Data Security Breaches And Consumer Privacy Claims
June 24, 2009
Every other day we read about some new data security breach or proposal to regulate the use of consumer's private data. However, there is good news too: Most courts are intolerant of privacy claims brought by plaintiffs who have suffered no actual damage, and most companies have insurance for privacy claims without knowing it.
IP's Impact on M&A and Corporate Values
June 24, 2009
In this far-ranging interview, Susan Perng Pan, Washington, DC-based patent attorney and partner of the intellectual property firm SUGHRUE MION, PLLC, discusses best practices and strategies for in-house counsel to assess, protect, and evaluate the worth of their portfolios, both domestically and globally.
Quarterly State Compliance Review
June 24, 2009
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that went into effect from May 1 through July 1. It also examines recent decisions of interest from the courts of Delaware, Texas, and Washington.
Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley Legislation
June 24, 2009
A look at recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of SOX. These rulings may provide insight into how Federal Courts will apply any broad powers granted by a looming round of legislation.
Movers & Shakers
May 27, 2009
Who's doing what; who's going where.
FCPA Compliance Now Essential for All Companies That Do Business Internationally
May 27, 2009
U.S. Department of Justice ("DOJ") officials have stated that enforcing the FCPA has become one of the DOJ's top priorities. Since mid-December, companies have paid more than $1.3 billion to settle FCPA charges. Multiple executives have also recently pleaded guilty to FCPA violations and are facing years in prison and/or millions in financial penalties.
Adult Internships
May 27, 2009
Some people are seeking unpaid internships to obtain on-the-job training in a new industry. While employers may welcome this new trend, it is important to be aware that there are federal regulations governing whether an intern must be paid in accordance with the wage and hour laws that apply to employees of your company. This article briefly examines the applicable test, and discusses some practical tips that may enhance the likelihood that your company's program will pass regulatory muster.
Labor and Employment
May 27, 2009
Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.
Strategic Considerations When Conducting an Internal Investigation
May 27, 2009
When it comes to workplace fraud, large or small, a well-planned and carefully executed investigation can help the company defend itself from potential civil and sometimes criminal liability.

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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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