Corporate Governance

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?…

Cybersecurity Legislation Introduced

Three pieces of legislation addressing cybersecurity, particularly within the Department of Homeland Security (DHS), were introduced in the House on July 13. Concerns about cybersecurity…

MN Climate Lawsuit First To Target Koch

A lawsuit filed by the state of Minnesota names as a defendant, for the first time in the short history of climate change litigation, Koch…

Survey: How Covid Is Affecting In-House Legal

Among the findings: Twenty-five percent said their budgets had been reduced. Workloads haven’t, however, in a few areas in particular…

DOJ Prosecutors Revise Guidance On Compliance Programs

DOJ has released a revised “ECCP” guidance, a document that specifies how it will evaluate compliance programs when make charging or sentencing decisions…

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