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New York Law Journal

Corporate Disclosure of Government Investigations

James J. Beha II, Jordan Eth and Craig D. Martin write: While a company's decision whether to disclose an ongoing government investigation may implicate many different legal, public relations, and business concerns, decisions in the Southern District provide comfort that a company need not disclose an ongoing investigation under federal securities laws, unless and until the company determines that the investigation is "substantially certain" to lead to a formal government enforcement action, so long as the company's other disclosures are not rendered misleading by the omission.
17 minute read

Daily Business Review

Why Many Manager Removal Provisions Are Doomed to Fail

Planning for the possibility of a falling out among business partners can reduce litigation and costs later, write attorneys Matthew R. Chait and Jonathan P. Hart.
8 minute read

Corporate Counsel

What All Good Compliance Programs Have in Common

A first-of-its-kind report released April 25 offers a road map for creating high-quality compliance programs, no matter the company's size.
7 minute read

Corporate Counsel

Are Women Board Members More Aware of Risks?

New data shows that women on the board may be more concerned about enterprise risks than their male counterparts.
4 minute read

Daily Business Review

Justice Department Launches FCPA Self-Reporting Pilot Program

A one-year pilot program encourages companies to report their violations of the Foreign Corrupt Practices Act, writes attorney Alison Tanchyk.
8 minute read

Corporate Counsel

Many Corporate Scandals Are 'Preventable,' Says KPMG Risk Expert

Richard Girgenti has worked through 40 years of regulatory enforcement, seen the changes wrought by world and economic crises in recent years, and now charts the future for corporations that want to thrive.
5 minute read

Corporate Counsel

SEC and DOJ Crackdown Has Compliance Officers Worried

A new survey shows that some 91 percent of responding in-house counsel and chief compliance officers predict greater scrutiny from federal investigators in the coming year, and are making company changes to prepare.
25 minute read

Corporate Counsel

SEC Gets Tough on Individuals

The U.S. Securities and Exchange Commission is serious about getting tough on individuals. Today it announced two cease-and-desist actions in unrelated financial fraud cases that also penalized five corporate executives and an outside accountant.
5 minute read

The Recorder

SEC Goes After Tech Exec for Accounting Fraud

The agency would bar Erik Bardman, the former CFO of eBay Marketplaces, Roku and Logitech, from serving as an officer or director of another publicly traded company.
12 minute read

Delaware Business Court Insider

Supreme Court Limits General Jurisdiction for Corporations

The Delaware Supreme Court ruled on Monday that state courts may not exercise general jurisdiction over a foreign corporation that does not operate or have its principal place of business in the First State.
5 minute read

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