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December 12, 2006 | Corporate Counsel

Federal Judge Sanctions Health Net for E-Mail Discovery Abuse in ERISA Case

U.S. District Judge Faith Hochberg in New Jersey sanctioned Health Net and two related carriers last week in an ERISA case that claims the insurer regularly underpaid insureds for use of out-of-network providers. Likening Health Net's conduct to "scorched earth" tactics, Hochberg found that, despite repeated demands and court orders, the company gave assurances of compliance but failed to search e-mails for thousands of employees. Many e-mails were permanently lost due to e-mail retention policies.
5 minute read
January 25, 2007 | Corporate Counsel

Three Directors of Troubled Florida Bank Resign

Three high-profile directors of Great Florida Bank have resigned, but the bank says the departures have nothing to do with recent regulatory troubles. The bank president said the trio left because they would be too busy to attend most board meetings. But one of the three directors disputed that explanation, saying instead that he felt "the time had come for a change," but declining to elaborate. The resignations were revealed late last week in a mandatory filing with federal banking regulators.
4 minute read
October 02, 2012 | Corporate Counsel

Time to Abolish Peer Grouping in Determining Executive Pay?

In the ongoing debate over the size of executive compensation packages, a key determinant of CEO pay has become increasingly controversial: peer grouping—the process by which boards of directors set the CEO's salary by benchmarking it against those at other companies.
4 minute read
November 01, 2012 | Corporate Counsel

Ready or Not

Students are peppered with probing questions in Harvard's first class on GCs.
6 minute read
March 25, 2008 | Corporate Counsel

Today, No Bribe Is Too Small

Not long ago, it took multimillion-dollar payments delivered by corporations to lofty government officials to trigger prosecution under the Foreign Corrupt Practices Act. These days, however, the government's treatment of bribery is far more complicated, and the stakes for companies are higher. Every company should work vigilantly to prevent inappropriate payments, whether in the guise of gifts, charitable contributions, grease payments or "corporate tipping," advises TRACE International's Alexandra Wrage.
7 minute read
August 06, 2013 | Corporate Counsel

Compliance Needs Performance Standards and Credentials

When a director or senior executive asks for a state-of-the-art compliance program, compliance professionals cannot yet demonstrate that a proposed set of compliance policies and procedures truly are best in class.
6 minute read
September 16, 2009 | Corporate Counsel

Sewell's New 'Jobs': Apple Hires Intel's Former Top Lawyer

Apple Inc. says it's hired Intel Corp.'s top lawyer, Bruce Sewell, a day after the chip maker announced his departure. Sewell will report to CEO Steve Jobs as the company's general counsel and senior vice president for legal and government affairs.
3 minute read
November 21, 2005 | Corporate Counsel

Sony BMG Fiasco Shows Copy Protection Still a Work in Progress

The fact that digital rights management might always be a doomed experiment became clear with a fiasco that recently erupted after Sony BMG Music Entertainment added a technology known as XCP to popular CDs. Factor in the lawsuits that Sony BMG could face over the security holes that XCP opened in users' computers, and it's worth wondering whether the aftermath might exceed whatever piracy losses the company would have suffered without it.
6 minute read
January 09, 2006 | Corporate Counsel

Dispute Resolved Between Krispy Kreme and Franchisee

Krispy Kreme Doughnuts and its largest franchise operator have settled their dispute over a decision by the doughnut company to terminate the franchisee's license, which had temporarily barred the firm from selling doughnuts under the famous brand name, both companies said Friday. Krispy Kreme, which is the target of two federal probes over its finances, has been battling with Great Circle Family Foods for months over its dealings with the franchisee.
3 minute read
February 25, 2013 | Corporate Counsel

What to Expect When Applying for Cyberinsurance

Data breaches and network intrusions are front page news, and businesses should take a "when, not if" approach to these threats and treat data security as one of their most important business risks.
7 minute read

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