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Corporate Counsel

DPAs and NPAs Down, but Don't Get Your Corporate Hopes Up

Prosecutors still aren't "pulling a punch in any way," according to Joseph Warin of Gibson Dunn.
4 minute read

Corporate Counsel

Password-Sharing May Be a Federal Crime Under the Muddied Waters of the CFAA

The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person…
8 minute read

Corporate Counsel

Huge Petrobras Settlement a Wake-Up Call for General Counsel

The $2.95 billion settlement should show companies just how important anticorruption measures and compliance regimes can be.
4 minute read

The Legal Intelligencer

Solo Lawyer Is 'Employee' Who Must Pay UC Taxes, Court Says

The Commonwealth Court has ruled that a Scranton solo attorney is an "employee" who must pay unemployment compensation taxes, even though he is self-employed and his income consists of net profit distributions as the sole shareholder of his firm.
4 minute read

Daily Business Review

Mattress Firm Lawsuit Proves Internal Monitoring Is Necessary in Business Development

There is an old adage: “Pigs get fat while hogs get slaughtered.” In the case of two of Mattress Firm's former vice presidents, Colliers International Atlanta, one of its former executives, and several developers nationwide, the outcome of a recent lawsuit will determine whether and how badly they will be punished for their alleged greed.
6 minute read

Corporate Counsel

Pinkston Joins CoreLogic Inc. as Chief Legal Officer

Veteran in-house counsel Arnold Pinkston began work this week as the new chief legal officer at CoreLogic Inc., an Irvine, California-based property and data technology company.
4 minute read

Daily Business Review

Being Mindful of the Anti-Boycott Law

The Israel Anti-Boycott Act (S.720 and H.R.1697), a bill in Congress attracting debate, is considered by some to protect the interests of the United States and by others to violate the First Amendment right to free speech. Regardless of how the proposed legislation pans out, it is casting a spotlight on existing U.S. anti-boycott laws and regulations that are often overlooked when structuring cross-border transactions. These laws require serious consideration.
4 minute read

The Legal Intelligencer

What In-House Counsel Must Know About the Revised Corporate Enforcement Policy

On Nov. 29, 2017, U.S. Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act Corporate Enforcement Policy. The new policy contains a clear roadmap for avoiding corporate criminal liability that corporate counsel would be wise to follow.
4 minute read

Delaware Business Court Insider

Chancery Curbs Companies' Use of Business Judgment Rule to Thwart Books-and-Records Actions

Companies looking to avert books-and-records demands cannot rely on the Corwin doctrine to invoke the business judgment rule in order to stymie Section 220 actions, Delaware's Court of Chancery has ruled for the first time.
4 minute read

Delaware Business Court Insider

Supreme Court Reverses Chancery's Dell Appraisal Decision

In one of the most anticipated opinions of 2017, Delaware's Supreme Court reversed the Court of Chancery's appraisal decision valuing Dell, Inc.'s shares after its management-led buyout in 2013. In its unanimous en banc decision, the Supreme Court ruled that the Court of Chancery abused its discretion by relying exclusively on its own discounted cash flow (DCF) analysis while affording no weight to the transaction price when valuing the company's shares at the time of its 2013 going-private merger.
5 minute read

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