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February 07, 2007 | Corporate Counsel

SEC Delays Rulemaking on Director Nominations by Shareholders

Confusion over dissent director nominees and their access to corporate ballots will continue for at least one more round of annual meetings. That's because a measure to clarify rules for shareholder election of directors has been postponed again. Until recently, SEC officials had hoped to complete the rulemaking in time for this year's season, which begins in March. But lack of progress on an initial draft has made that impossible. Now it's expected the rule will be in place for the 2008 proxy season.
5 minute read
November 11, 2010 | Corporate Counsel

SEC's Marc Fagel Delivers Keynote at Corporate Counsel Conference, West Coast

Marc Fagel, director of the San Francisco regional office, tells the 8th Annual Corporate Counsel Conference, West Coast, that a surge of FCPA cases has kept the SEC busy. He also said fraud cases are down — but don't expect them to stay that way ...
3 minute read
January 09, 2009 | Corporate Counsel

When Outside Counsel Represent Individuals: Perils and Precedent

Your corporate client is sued by a former employee. During discovery, you identify to your adversary certain employees as witnesses. You, as outside counsel, discuss with your client the possibility of your firm acting as counsel for these individuals. You advise the employees of the potential of a conflict of interest and that you may have to resign in the event that a conflict surfaces. What's wrong with this picture? Attorney Philip M. Berkowitz discusses a recent case that addresses this scenario.
11 minute read
July 26, 2013 | Corporate Counsel

SAC Capital GC Runs Out of 'Shark Repellent'

When federal prosecutors were circling SAC Capital Advisors over insider trading allegations, one newspaper referred to SAC General Counsel Peter Nussbaum as "a large supply of shark repellent." But now the GC is in a battle to save the company and its owner, Steven Cohen, from losing everything.
4 minute read
August 13, 2012 | Corporate Counsel

The NLRB's View on Reporting Workplace Concerns via Social Media

In the wake of actions taken by the National Labor Relations Board in 2012, employers face a Hobson's choice between taking advantage of longstanding protections against Title VII litigation and violating Section 7 of the National Labor Relations Act.
5 minute read
November 22, 2011 | Corporate Counsel

Penn State Appoints Former FBI Director Freeh to Lead Investigation

The law firm of former FBI director and federal judge Louis Freeh has been hired by Penn State to investigate the university's governance, compliance, and controls, in relation to the reporting of sexual crimes.
4 minute read
March 22, 2010 | Corporate Counsel

Let There Be Light! Juicy New Motions Make Viacom Case Vs. YouTube Worth Watching

For the last three years, Viacom's $1 billion copyright case against YouTube has been litigated in the dark. But the lights have now been turned on — as both sides agree to make certain oh-so-readable motions public.
4 minute read
March 20, 2009 | Corporate Counsel

House OKs Tax on Fat Bonuses for AIG, Other Bailed-Out Companies

Denouncing a "squandering of the people's money," lawmakers voted Thursday to impose a 90 percent tax on millions of dollars in employee bonuses paid by troubled insurance giant AIG and other bailed-out companies. In some cases the bonuses might be taxed 100 percent, leaving recipients with nothing. It was only this past weekend that the bailed-out insurance giant paid bonuses totaling $165 million to employees, including traders in the Financial Products unit that nearly brought about AIG's collapse.
5 minute read
August 01, 2007 | Corporate Counsel

2nd Circuit on Dual-Purpose Attorney-Client Talks

Every business lawyer knows that clients often request "advice" that goes beyond the realm of legal questions and into the world of business issues. The scope of the attorney-client privilege regarding such advice is relatively clear: Purely "legal" advice is protected from disclosure, and purely "business" advice is not. For communications that lie in between, the applicability of the attorney-client privilege is less evident. Recently, the 2nd Circuit examined this grey area of "mixed" communications.
8 minute read
April 16, 2012 | Law.com

Most Big Super PAC Donors are Individuals, Not Corporations

Big Business is not taking over the presidential elections. A new report by MapLight.org shows that the bulk of so-called "Super PAC" money has come from a few individual donors, and not from big corporations.
5 minute read

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