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Corporate Counsel

Transparency on Corporate Political Spend Is Trending, but Risks Loom Large

An increasing number of public companies in the past several years have voluntarily opted to disclose corporate donations above and beyond what is required by law, but doing so often exposes the businesses to backlash from shareholders.
3 minute read

Corporate Counsel

Add Rocket Science to Your Risk Assessment With NASA Process

Programs just don't work without the right talent. Smart compliance leaders get that. Once companies figure out the people piece (which is not easy), evaluating the risk environment and regulatory requirements helps companies develop programs to address those areas across different subject matters and business units.
8 minute read

The Recorder

Demand for Female Directors Rises With Bill Mandating More Women on Boards

Lawyers from O'Melveny & Myers and Wachtell, Lipton, Rosen & Katz weigh in on a bill—the first of its kind in the U.S.—that sets quotas for female board members for public companies based in California.
9 minute read

The Recorder

San Francisco Investment Firm Settles SEC's Fraud Claims for $4.27M

A San Francisco-based investment advisory company, its founder and a former executive will pay a total of $4.27 million to settle federal securities regulators' claims that they improperly diverted investors' funds to the company's parent firm for their own benefit, according to the terms of a settlement announced Friday.
4 minute read

New York Law Journal

Disclosure of the CEO Pay Ratio: Potential Impact on Stakeholders

Executive Compensation columnist Joseph E. Bachelder III writes: 2018 is the first year in which public companies have been required to report the “CEO Pay Ratio.” The CEO Pay Ratio for a reporting company represents the ratio of the total pay of the CEO to the total pay of the “median employee” at that company.
8 minute read

New Jersey Law Journal

The "New" Forum Selection Clause: NJ Corporations Take Notice

In January 2018, six amendments were made to the New Jersey Business Corporation Act. One authorizes New Jersey corporations to adopt what is often referred to as a forum selection by-law.
8 minute read

Delaware Business Court Insider

Del. High Court Urged to Roll Back Chancery Order Limiting Use of Discovery

An attorney for demolition and remediation services firm NCM Group Holdings on Wednesday asked the Delaware Supreme Court to roll back a Delaware Court of Chancery decision denying his client's attempt to modify a protective order so the company could pursue fraud claims out of state.
4 minute read

Daily Report Online

Georgia Whistleblowers Share in $262M Settlement With Florida Hospital Chain

Atlanta whistleblower lawyer Marlan Wilbanks said that his clients filed the first cases in 2009 that led to Tuesday's $262 million settlement against Hospital Management Associates.
6 minute read

New York Law Journal

Shareholder Activism Is the Next Phase of #MeToo

In their Corporate Governance Update, David A. Katz and Laura A. McIntosh write: As the #MeToo movement continues to make itself felt in all facets of American life, public company boards of directors that are newly focused on the issue of workplace harassment have seen corporate responses evolve. In recent months, many boards have overseen the addition of anti-harassment policies to corporate codes of conduct, the establishment of procedures for addressing allegations, and the enhancement of employee training at all levels.
7 minute read

Delaware Business Court Insider

Chancery Reaffirms Safe Harbor for Directors' Reasonable Reliance on Expert Advice

Longstanding Delaware law not only entitles but encourages directors to rely in good faith on corporate officers and expert advisers for advice, information, and specialized expertise.
5 minute read

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