Corporate Governance

CEO Must Testify About “Facts” From GC’s Privileged Communication

A decision from the Southern District of Florida cuts a distinction between a privileged communication from a GC to a CEO and “facts” that were…

AG Report: Millions Of Fake Comments Tainted 2017 Net Neutrality Battle

A report from New York state’s Office of the Attorney General details massive fraud during the comment period preceding repeal of net neutrality rules in…

Pandemic May Be Waning, But Securities Lawsuits Keep Coming

Two recent securities class actions related to the coronavirus are likely a harbinger of what’s to come even if there proves to be a rapid…

Privilege Invoked: Shareholders Won’t See Facebook Board Communications

A Facebook institutional shareholder (a state public employee retirement fund) did not like a $5 billion settlement the company negotiated with the Federal Trade Commission.…

The Decision That Has Shaped Privilege Law For 40 Years

This is the fortieth anniversary of the Supreme Court decision that “forever redefined the corporate attorney–client privilege,” writes Todd Presnell in his Presnell on Privileges…

The Rise Of “Event-Driven” Securities Class Actions

Events like environmental disasters, #MeToo reckonings, cybersecurity breaches and even COVID outbreaks, which might predictably draw plaintiff injury lawsuits, are increasingly becoming the basis of…

Scalia’s Trinity

In his review of a recent anthology of writings by the late Justice Antonin Scalia, Harvard Law professor and Bloomberg columnist Noah Feldman identifies three…

SEC Fines Company For Understating Covid Hit

The SEC has levied a $125,000 penalty against Cheesecake Factory Inc. for understating the effects of the COVID-19 pandemic on its business. Specifically, the company…

Executive Nostalgia For “Two Cans And A String,” Plain Talk Instead of PowerPoint

A panel of corporate secretaries and counsel expressed a growing sense of “videoconferencing ennui” and “zoom fatigue,” says an article in trade publication Corporate Secretary.…

Data-Breach Conundrum For In-House Counsel Now Said To Include Potential Personal Liability

A data breach brings with it some of the most difficult calls in-house legal will ever have to make. What happened? How serious is it?…