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SEC Cooperation Agreements: With the Right Approach, Potentially a Valuable Tool for Those Facing Sanctions

Brownstein Hyatt Farber Schreck attorneys recently worked with staff in the Denver Regional Office of the U.S. Securities and Exchange Commission (“SEC”) to negotiate both a proffer agreement and a cooperation agreement on...more

7/2/2014 - Cooperation Agreement Cooperation Initiative Deferred Prosecution Agreements Enforcement Enforcement Actions Investigations Non-Prosecution Agreements Proffer Agreement SEC

Brownstein Trial Victory Emphasizes Limits on Indemnifying Party's Right to Control Litigation in M&A Indemnification Context

A team of trial attorneys from Brownstein Hyatt Farber Schreck recently won a significant trial victory stemming from the acquisition of a company by a Brownstein client. The dispute raised questions about the obligations of...more

4/23/2014 - Indemnification Clauses Litigation Strategies Stock Purchase Agreement

Brownstein Trial Victory Provides Executive Compensation Plan Guidance

Brownstein Hyatt Farber Schreck attorneys and their client recently scored another trial victory. The outcome provides lessons for Brownstein’s clients that utilize variable compensation plans for their...more

3/5/2014 - Clawbacks Executive Compensation Incentive Compensation

Limit the Risks Associated with Distributing Privileged Communications Inside the Company

Our team at Brownstein Hyatt Farber Schreck recently alerted you to the risk of corporate executives using business email accounts for personal purposes. Click here to read the first alert. In light of developing case law in...more

11/6/2013 - Attorney-Client Privilege Confidential Communications Corporate Counsel Email Employer Liability Issues Privilege Waivers

Email Users Beware: Companies and Corporate Officers Should Evaluate Email Practices in Light of Delaware Chancery Court Decision

On September 5, 2013, the Delaware Chancery Court ruled that the attorney-client privilege does not protect from disclosure emails sent by corporate officers to their personal attorneys using the company’s email account. In...more

10/3/2013 - Attorney-Client Privilege Corporate Counsel Corporate Governance Corporate Officers Derivative Suit Email Family Businesses Fiduciary Duty Reasonable Expectation of Privacy

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