• Combating Internal Fraud

    Organizational fraud, said to be costing on average about five percent of revenue, is by definition difficult to detect. There is no typical fraudster profile. On the contrary, fraudsters often have the ability to “build a false...

    • Posted 2 weeks ago
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  • In-House Privilege Claim Stumbles Before Skeptical Judge

    A magistrate judge had a stern message for lawyers from Adidas and to in-house lawyers generally, as he denied a claim of privilege for certain in-house attorney emails in a breach of contract/IP case in the Eastern...

    • Posted 2 weeks ago
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  • SEC Hits Mayweather, DJ Khaled, For Crypto-Coin Promotion

    Early in November the SEC issued a stern warning to investors: Be wary of paid endorsements “from artists, sports figures, or other icons” who may not know what they are talking about. Celebrities, the SEC said, “often...

    • Posted 2 months ago
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  • Biggest Shareholder Suit Ever?

    A lawsuit filed by New York attorney general Barbara Underwood does not allege that Exxon lied about what it understood regarding climate change, or that it bankrolled deniers, or that the company bears some responsibility for the...

    • Posted 3 months ago
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  • A Hard Look At CA’s New Law Requiring Women On Corporate Boards

    After a resolution that “urges” more equitable representation of women on corporate boards appeared to be having little effect, California passed a bill that requires it. In a Wharton School of Business post, two professors discuss California’s...

    • Posted 3 months ago
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  • Trend Sharply Up For Securities Litigation

    The number of federal securities class actions filed in the first six months of 2018 was more than double the 20-year average. The reason? It’s neither an epidemic of fraud nor the machinations of aggressive plaintiff lawyers,...

    • Posted 4 months ago
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  • Gender-Biased General Counsel Bonuses Need Fixing

    Although female general counsel have a base salary that is, on average 6.3 percent lower than their male counterparts, it’s in their bonuses that the real disparity comes to light. Male GC bonuses were 31 percent higher,...

    • Posted 6 months ago
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  • Business Continuity Plan for the Legal Department

    The list of potential business disruptors is long and disturbing, from flooding, tornadoes, and fires to computer viruses and active shooters. Companies have responded with a variety of resilience programs, typically under the aegis of the chief...

    • Posted 9 months ago
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  • Does The Conflict-Minerals Law Hurt African Miners?

    Many companies will soon be fulfilling their SEC requirement to report on whether mining of certain minerals in their supply chain has fueled the continuing conflicts in Central Africa. The requirement, part of Dodd-Frank and a legacy...

    • Posted 10 months ago
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  • Does Your D&O Policy Cover Cyber Breach?

    With the emergence of cyber-breach risk, there is a whole new category of liability for company directors and officers. It’s new, that is, in the sense that it has emerged since the last time many D&O policies...

    • Posted 10 months ago
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