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Corporate Counsel

A Stitch in Time Saves Nine: Sustainable Compliance in Cyberspace

In the not-so-distant past, when hackers breached a company's cybersecurity defenses and pilfered data, including sensitive customer information, the government and public alike often viewed the company as one of the victims.
7 minute read

Corporate Counsel

Corporate Lawyers Like New DOJ Enforcement Policy, But Seek More Clarity

DOJ announced it had extended its voluntary self-reporting guidelines last week at the American Bar Association's 32nd annual National Institute on White Collar Crime in San Diego.
4 minute read

Delaware Business Court Insider

Fairness Standard of Review Applies to Transaction Approved by Independent Majority of Directors

The Delaware Court of Chancery is often called upon to assess whether a plaintiff challenging an interested transaction who fails to make demand on the board to pursue claims based on alleged self-dealing or director interest can overcome the procedural hurdle of a motion to dismiss under Rules 23.1 and 12(b)(6).
7 minute read

Delaware Business Court Insider

Financial Distress Is a Prerequisite to Good-Faith Bankruptcy Filing

In In re Rent-A-Wreck of America, Bankruptcy Judge Laurie Silverstein dismissed voluntarily filed bankruptcy cases on the grounds they were not filed in good faith.
7 minute read

Daily Business Review

Think Twice Before Converting a Florida Business to a Corporation

The Tax Cuts and Jobs Act taken together have many business owners considering converting their business from a pass-through entity to a C corporation in order to take advantage of the 21-percent tax rate for corporations.
5 minute read

Corporate Counsel

Citing Supreme Court, Bio-Rad Wants Verdict Reduced in Fired General Counsel Case

The memo referred to a recent Supreme Court ruling in "Digital Realty Trust v. Somers."
3 minute read

The Legal Intelligencer

Dangers Lurk in the DOJ's New FCPA Corporate Enforcement Policy

Businesses in possible criminal violation of the U.S. Foreign Corrupt Practices Act (FCPA) may be inclined to reach for the olive branch that the U.S. Department of Justice (DOJ) recently extended with its new “FCPA Corporate Enforcement Policy.”
8 minute read

The Legal Intelligencer

Rent-A-Wreck Crash Into Bankruptcy Dismissed for Lack of Good-Faith Filing

The U.S. Bankruptcy Code provides distressed companies an array of tools to reorganize their business affairs and restructure their debt.
10 minute read

Corporate Counsel

No-Deal Brexit: Where Are Your Contingency Plans? Diverse Approaches and a Helpful Checklist

When we gathered General Counsel from 18 global companies around a table in London to talk Brexit plans a few weeks ago, the group took no time to zone in on their top two interests.
8 minute read

Corporate Counsel

10 Tips for the New GC Hired From Outside

Congratulations! You have just been hired as the new general counsel of Awesome, Inc. You are new to the company, the CEO is excited to have you on her team, and so you are starting the job with a healthy amount of political capital.
5 minute read

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