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Exchange Rules Impact Compensation Committee Composition
The SEC recently approved corporate governance rules submitted by the New York Stock Exchange ("NYSE") and Nasdaq Stock Market, Inc. ("Nasdaq").Both provide that "independent directors" must comprise a majority of the board of every listed company (with some limited exceptions). The NYSE rules...
Read MoreWhy Outside Directors Shouldn't Leave Home Without Their D&O Coverage
Following the Sarbanes-Oxley reforms, both regulators and corporate management tend increasingly to rely on outside directors as a safeguard against claims of corporate malfeasance. At the same time that outside directors are being asked to do and deliver more, they are subject to more claims by...
Read MoreLessons From McKesson: Enforcing Confidentiality Agreements With The Government To Protect Internal Investigations From Disclosure To Third Parties
New Pressures To Provide Disclosure To The Government In the wake of the headline-grabbing corporate fraud scandals starting with Enron, in early 2003 the Justice Department issued revised guidelines making a corporation's waiver of the attorney-client and work-product protections a factor in...
Read MorePolicy Issues Alert! What Employers Need To Know When Dealing With Pregnant Employees
Pregnancy discrimination claims are on the rise. The United States Equal Employment Opportunity Commission recently released statistics showing a 39% increase in these types of claims over the last decade.1 The New York State Division of Human Rights also has experienced a significant increase in...
Read MoreInternal Investigations - Safeguarding Privileges
As allegations of corporate wrongdoing have become increasingly common, so too have internal investigations. Corporations are under ever-growing pressure to share the results of their investigations with regulators and law enforcement agencies. Indeed, Justice Department guidelines now make a...
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