Corporate

Recent Posts

Free Webinar: Understanding the Risks of Operating in a Global Market
Posted on 11 May 2010 by Corporate and Securities Law Community Staff

Moderator(s): Paul J. McNulty, Stephen Martin, Patrick Thesing Today's challenging legal and regulatory environment has made it absolutely essential to establish an effective global compliance program. This need is fueled by the increased expectations... Read More

FCPA Enforcement and Difficult Choices for Corporate Directors
Posted on 24 Mar 2014 by Doug Esten

Aggressive FCPA enforcement in recent years has presented corporate officials with difficult choices regarding compliance and cooperation. Crafting, implementing and maintaining an effective FCPA compliance system can be time consuming and costly, particularly... Read More

Halliburton Shareholder Derivative Action Settlement: Lessons for Enhancements to Your Compliance Program
Posted on 23 Jul 2012 by Thomas Fox

In a story first reported in the Wall Street Journal (WSJ), entitled " Halliburton Says Court Approved Corruption Lawsuit Settlement " , Sam Rubenfeld reported that Halliburton has settled a shareholder derivative action which had been filed... Read More

What Are the Essential Elements of a Corporate Compliance Program?
Posted on 23 May 2013 by Thomas Fox

Can you synthesize and reconcile the world's leading laws, regulations and commentaries on the best practices an anti-bribery and anti-corruption compliance program? I recently saw one such approach by Paul McNulty and Stephen Martin of the law firm... Read More

FCPA Enforcement and Difficult Choices for Corporate Directors
Posted on 24 Mar 2014 by Thomas O. Gorman

Aggressive FCPA enforcement in recent years has presented corporate officials with difficult choices regarding compliance and cooperation. Crafting, implementing and maintaining an effective FCPA compliance system can be time consuming and costly, particularly... Read More

Parts III & IV: The SEC and Chinese Issuers: Transparency And Accountability
Posted on 8 Aug 2012 by Thomas O. Gorman

Corporate governance A number of PRC based issuers have been named as defendants in SEC enforcement actions. These cases involve a range of issues including financial fraud, manipulation and misuse of assets. Misrepresentations and financial fraud... Read More

Massive and Unusual Freeport-McMoRan Derivative Lawsuit Settlement Finalized
Posted on 16 Jan 2015 by Kevin M. LaCroix

The parties to the Freeport-McMoRan Copper & Gold, Inc. Derivative Litigation have finalized an agreement to settle the consolidated litigation pending in the Delaware Chancery Court in exchange for a payment of $137.5 million and for the company’s... Read More

To the NFL – Show More Than Ethics, Show Some Humanity
Posted on 16 Sep 2014 by Thomas Fox

Just a short ten days ago I wrote about how thrilled I was that the National Football League’s (NFL) 95 th season was upon us and pro football was about to begin. But in the intervening 10 days, it is if the very football gods from Mount Olympus... Read More

Complying with the United State Foreign Corrupt Practices Act
Posted on 22 Dec 2009 by Roger Witten, Kimberly Parker, Jay Holtmeier

Enforcement of the United State Foreign Corrupt Practices Act ("FCPA") has reached record highs in recent years. With this increase in FCPA enforcement attention, companies act at their peril when they do business internationally without a well... Read More

To Boldly Go…Where the Board Needs to Go
Posted on 26 Mar 2012 by Thomas Fox

Belatedly, we boldly go where no Canadian actor has ever gone before, to celebrate yesterday's birthday of William Shatner, Captain Kirk of the original Starship Enterprise. I thought about Captain Kirk and his leadership of the Enterprise in the... Read More

Buffet, Sokol and Reporting to the SEC
Posted on 5 May 2011 by Thomas Fox

In the post on Tuesday we wrote and discussed several points about Warren Buffet, Berkshire Hathaway and David Sokol. One of the issues was disclosure to the Securities and Exchange Commission (SEC) of any possible securities violations. Another issue... Read More

The Whole World Is Watching Mexico In the Fight Against Corruption
Posted on 22 Aug 2014 by Thomas Fox

Don Pardo died this week. While perhaps not of the public stature of Robin Williams or Lauren Bacall, whom we lost last week, his passing nonetheless was well noted in the national media. Pardo lived to the ripe old age of 96 and got his start in the... Read More

Preet Bharara on the Principles of Ethics, Integrity and Corporate Culture
Posted on 6 Jun 2011 by Thomas Fox

At the recent Compliance Week 2011 Conference one of the Key Note Speakers was Preet Bharara, United States Attorney for the Southern District of New York. His topic was the general principles of ethics, integrity and corporate culture. I found his... Read More

NAIC Releases Draft White Paper On Corporate Governance; At Odds With Existing Bodies of U.S. Law
Posted on 12 Jul 2011 by Eversheds Sutherland LLP

by Earl Zimmerman This Legal Alert addresses the "White Paper on High-Level Corporate Governance Principles for Use in U.S. Insurance Regulation" Click here for White Paper exposed for comment at the Spring NAIC Meeting in Austin, Texas. The... Read More

Speed Reading: Top 10 Issues In Charter And Bylaws
Posted on 1 Nov 2010 by Frank Aquila & Melissa Sawyer

Excerpt: Corporate charters and bylaws serve many important functions with practical applications to corporate governance and M&A transactions. Among other things, (1) they establish procedural guidelines for corporate governance (stockholder meetings... Read More