National Origin Discrimination
January 31, 2014
Amidst a workforce characterized by rapidly changing demographics, employers and employees are faced with many challenges, including providing a workplace free from harassment and discrimination.
Global Corruption Enforcement
January 31, 2014
For multinational corporations, reducing the risks and concomitant expenses associated with corrupt employee behavior must be a priority. This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
The Expanding Role of the Audit Committee
January 31, 2014
The role the independent audit committee of a board of directors is becoming increasingly important as significant responsibilities shift to the board of directors.
Legal Spending Trends
December 31, 2013
Recently, the LexisNexis CounselLink division published a study of the spending patterns of corporate legal departments. The study unveiled macro-economic trends about the shifting spending habits from the largest category of law firms to those that are "Large Enough." The basis of the analysis was two million invoices, covering 300,000 matters, which were valued at more than $10 billion in legal fees.
Quarterly State Compliance Review
December 31, 2013
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2014. It also looks at four recent decisions of interest from the Delaware courts.
Stop the Insanity!
December 31, 2013
The facts are that our disclosures are voluminous and getting more so every year (many companies' proxy statements are at or close to 100 pages, and some 10-Ks are in excess of 200 pages) that most investors don't have the time to read, much less digest, these documents and that those who do often find them overwhelming.
Another Look at Rule 10b5-1 Trading Plans
December 31, 2013
By establishing a prearranged plan to trade their companies' stock in compliance with SEC Rule 10b5-1, corporate executives avail themselves of the only formally codified affirmative defense against a charge of insider trading. However, statistical evidence demonstrating that executives in trading plans outperform their peers by 6% to 10% have twice brought trading plans under academic and journalistic scrutiny.
E-mails and Privilege for In-House Counsel
December 31, 2013
Courts employ a heightened standard when companies attempt to shield their employee'in-house lawyer communications under the attorney-client privilege. The dominant reason for this scrutiny is the recognition that employees often involve in-house counsel in business and legal-related conversations, forcing courts to scrutinize whether the putatively privileged communication pertained to legal or business advice.
Your e-Discovery Bucket List
November 30, 2013
One of the most persistent problems encountered in e-discovery is that when all you have is a hammer, everything looks like a nail. As a result, in-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before. They need to establish an e-discovery "bucket list" that contains both new tools and basic processes to use when things go pear shaped.
