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Gatekeeper GCs Increasingly Becoming Targets for Liability
When the SEC went after Biopure and its executives for misleading public statements, the company escaped without financial repercussions but the GC had to pay a $40,000 fine. The Biopure settlement illustrates the increase in government scrutiny of "gatekeepers," including GCs, responsible for safeguarding shareholder interests. Says attorney William Schuman, "We're seeing more inquiries and investigations where the conduct of in-house counsel is being examined every bit as much as the businesspeople's."As liability grows, GCs get nervous
When the SEC went after Biopure Corp. and its executives for misleading public statements about the FDA's review of its products, the biopharmaceutical company escaped without financial repercussions. But the company's general counsel ended up with a $40,000 civil penalty this month.How to Avoid Risky In-House Positions
In 2005, Scott Wiegand was acquitted of felony charges, including securities fraud and conspiracy, related to his former position as GC of PurchasePro.com. Wiegand, who felt vindicated when the judge acknowledged how well he had dealt with an "extraordinarily difficult situation," now shares some ideas aimed at helping other lawyers safeguard themselves from the risks of going in-house. The best protection for any in-house counsel, according to Wiegand: Choose your company wisely.Don't Let Your Employees Become Security Nightmares
Employees armed with BlackBerry devices, personal digital assistants, laptops and tiny flash drives easily transport critical information to and from the office -- which can unintentionally wreak havoc on a corporation. Attorneys David C. Henderson and Matthew E. Feiner offer a few safeguards.Trending Stories
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