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Director Liability: WorldCom And Enron Directors' Recently Proposed Settlements - The New Reality Of Personal Liability For Directors
Historically, outside directors enjoyed a safe harbor created by the interplay of the state corporate law business judgment rule defense as well as the two "I's": indemnification (by the corporation) and (directors' and officers' liability) insurance. However, the recent Delaware law decisions in...
Read MoreAtlanta And The Southeast - Law Firms Involvement In The Community Grounds A Law Firm's Place In Atlanta
Editor: Mr. Haidet, would you tell our readers something about your background? Haidet: I grew up in Ohio and attended Miami University for my undergraduate degree and the University of Toledo Law School for my legal studies. It may seem unusual that an Ohio law school graduate would choose an...
Read MoreAdministrative Remedies Aimed At Combating Procurement Fraud - Suspension And Debarment
Under the Federal Acquisition Regulations, agencies of the United States Government are permitted to contract only with "responsible" contractors.1 Suspension and debarment are discretionary administrative remedies taken by the Government to help ensure that this policy is effectuated.2 Companies...
Read MoreSupreme Court Determines Extraterritorial Reach Of U.S. Antitrust Laws
In its last term, the U.S. Supreme Court issued two opinions dealing with the international application of U.S. antitrust laws. On June 14, 2004, the Supreme Court issued its opinion in F. Hoffmann-La Roche Ltd. v. Empagran S.A. , No. 03-724.1 and a week later decided Intel Corp. v . Advanced...
Read MoreA World Without H-1B Visas
On October 1, 2004, the U.S. Citizenship and Immigration Services ("CIS") (f/k/a Immigration and Naturalization Service or "INS") announced that the annual 65,000-person limit ("cap")1 on new H-1B2 cases had already been reached for Fiscal Year 2005 (October 1, 2004-October 1, 2005) and that CIS...
Read MoreCanada - Law Firms A Former U.S. Ambassador To Canada On U.S.-Canadian Trade Relations
Editor: Ambassador Giffin, you have had a very interesting career. Would you provide our readers with a summary? Giffin: Following law school, I was privileged to spend almost five years working in the U.S. Senate as legislative director and chief counsel to Senator Sam Nunn. It was an...
Read MoreIncreased Responsibilities For Corporate Directors, Senior Management And Corporate Counsel
Editor: Your background in corporate governance is extensive. In the post-Enron era, corporate executives and directors have new responsibilities. For starters, would you summarize the responsibilities in place before the corporate scandals and Sarbanes-Oxley? Wardell: Many of the things that...
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