John McDermott

John McDermott

Brownstein Hyatt Farber Schreck

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June Marks Upsurge in SEC Whistleblower Awards

On June 9, 2016, the SEC announced a $17 million whistleblower award to “a former company employee whose detailed tip substantially advanced the agency’s investigation and ultimate enforcement action.” This is the...more

6/17/2016 - Dodd-Frank Enforcement Actions SEC Whistleblower Awards

Delaware Supreme Court Clarifies Standards in Corporate Takeovers

On May 6, 2016, the Delaware Supreme Court upheld a merger between Zale Corporation (“Zales”) and Signet Jewelers Limited (“Signet”) when it affirmed a lower court’s dismissal of a shareholder class action that sought to...more

5/26/2016 - Corporate Counsel DE Supreme Court Revlon Standard Shareholder Litigation Takeover Bids Young Lawyers Zales

Rocky Mountain Securities Conference: Cybersecurity Takes Center Stage

Given the security industry’s increased use of information technology and the constant evolution of cyber threats, cybersecurity will continue to demand significant attention from regulators and industry participants in the...more

5/20/2016 - Cybersecurity Malware Market Participants Personally Identifiable Information Ransomware SEC

Rocky Mountain Securities Conference: Corporate Disclosures Reform Next for SEC

Newly proposed reforms to the U.S. Securities and Exchange Commission’s (SEC) disclosure regime would have a dramatic impact on public companies’ current disclosure obligations. Last week during her keynote at the 48th...more

5/13/2016 - Disclosure Requirements Publicly-Traded Companies SEC

Sandusky Meets Upjohn: A Reminder To In House Counsel

Companies facing a crisis often turn to in house counsel to investigate the facts that precipitated the crisis. In house counsel’s first step often is to interview corporate employees with knowledge of those facts....more

2/10/2016 - Attorney-Client Privilege Corporate Counsel Indictments Jerry Sandusky Penn State Upjohn Warnings Young Lawyers

Court Rejects “Merger Tax” Litigation Settlements That Benefit Primarily Plaintiffs’ Attorneys and Plaintiffs Who Do Not Represent...

It is no secret that when a public company announces a merger, lawsuits follow. There is nothing inherently wrong with this phenomenon. If the merger price is woefully unjustifiable or if shareholders are not given adequate...more

2/11/2015 - Business Litigation Class Action Publicly-Traded Companies Shareholders

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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