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September 09, 2013 | Corporate Counsel

How Government Investigations Change the GC's Job

The interactions between the general counsel, board directors, and key stakeholders become very intense during a major government investigation. An ability to distinguish the most important issues, summarize the problem succinctly, and suggest specific actions are skills that stakeholders expect from the GC.
9 minute read
October 10, 2011 | Corporate Counsel

Coverage Quandary: Is Cyber-Insurance Necessary?

It's been a wild year for cybercrimes. The U.S. Senate, International Monetary Fund, Lockheed Martin, Citigroup, Google, and Sony were among organizations that disclosed hacker attacks. Now firms and corporate counsel are beginning to shop for--or at least ask a lot of questions about--cyber-insurance.
8 minute read
November 23, 2009 | Corporate Counsel

The Boss Is Busted ... but the GC Is Off the Hook in McKesson HBOC Fraud Trial

Jurors in the accounting fraud case likened Marcus Topel, who represented ex-general counsel Jay Lapine, to a country lawyer. They didn't like the team led by Theodore Wells: Too 'New York acting.'
4 minute read
August 16, 2012 | Corporate Counsel

Celebrity's Photos Not Fair Game, Court Rules

To Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit, the appeal in copyright case Monge v. Maya Magazines reads "like a telenovela, a Spanish soap opera."
6 minute read
November 18, 2010 | Corporate Counsel

In-House Salary Range Breakdown: Thrifty Numbers in Finance, Utilities, Health Care Services

Wow, maybe you could be making more: Want a quick snapshot of the lowest median salaries for management positions in U.S. legal departments sorted by industry? Take a peek ... | 2010 GC COMP SURVEY | INTERACTIVE: THE BIG CHART | WANT THE SALARY RANGE FOR IN-HOUSE LAWYERS? HERE YOU GO
3 minute read
June 23, 2006 | Corporate Counsel

In Securities Consolidations, Plan for the Regulators

Over the past decade, the securities industry has undergone significant consolidation among broker-dealers, investment advisers, and registered and unregistered investment funds. Closing these transactions quickly can help minimize customer and employee attrition, but that can be difficult because of the highly regulated nature of the securities industry. Attorneys can make the transactions more efficient by stopping to consider regulatory issues at key points along the path to closing the deal.
10 minute read
March 03, 2010 | Corporate Counsel

Step 6 for Legal Holds: Modification

If new information comes to light during the enforcement of a litigation hold, the hold must be modified, say Howett Isaza partner John Isaza and Goldberg Segalla partner John J. Jablonski. Case law dictates that a one-time notice is not enough to meet the changing requirements of a hold.
5 minute read
January 23, 2007 | Corporate Counsel

Andrews Kurth Negotiates Proposed Settlement With Enron, Unsecured Creditors

Houston-based Andrews Kurth has negotiated a tentative agreement to settle all claims brought against the firm by its former client Enron Corp. and the bankrupt Houston energy company's Committee of Unsecured Creditors. U.S. Bankruptcy Judge Arthur J. Gonzalez of the Southern District of New York, who is presiding over Enron's Chapter 11 bankruptcy filing, must approve the proposed deal before it becomes final. Under the proposed settlement terms, Andrews Kurth will pay $18.5 million in cash to Enron.
3 minute read
January 18, 2005 | Corporate Counsel

With Charity for All?

In the wake of scandals at The Nature Conservancy and the James Beard Foundation, more and more nonprofit GCs are implementing SOX-like practices. Says one nonprofit taxation and governance expert: "Governance is something that all responsible nonprofits should be thinking about."
14 minute read
July 08, 2009 | Corporate Counsel

Ensuring Choice-of-Law Provision Includes Non-Contractual Claims

Under New York law, in order for a contractual choice-of-law provision to apply to non-contractual claims, "the express language of the provision must be 'sufficiently broad' as to encompass the entire relationship between the contracting parties." Nevertheless, corporate attorneys continue to rely on "standard" prior agreements that do not contain this critical language. Attorney Mitchell J. Geller examines how to avoid unfortunate results by using certain key words in choice-of-law provision.
14 minute read

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