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FASB Updates Accounting Standards for Stock-Based Awards

The Financial Accounting Standards Board (FASB) has issued updated accounting standards designed to simplify accounting for stock-based awards. Among other changes, the updated standards permit employers to withhold stock for...more

CFTC announces its largest whistleblower award to date – key takeaways

The US Commodity Futures Trading Commission has announced its third and largest whistleblower award to date – an award of more than $10 million – to a whistleblower who provided information that led to a successful CFTC...more

Success Is Not Always Founder Friendly (Silicon Valley – Episode 19)

HBO’s Silicon Valley is back, but Richard is still out as Pied Piper’s CEO. To recap how we got here: in the closing moments of last season, the Pied Piper team triumphed by successfully livestreaming its condor cam video...more

Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An...

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and...more

New Jersey Issues Guidance on BEIP Grant Conversion

This month the New Jersey Economic Development Authority (the Authority) provided businesses with guidance, in the form of Frequently Asked Questions, on how to elect to have their unpaid Business Employment Incentive Program...more

Surviving the Strife: How Start-Up Founders Can Ensure That Inevitable Friction and Departures Won't Sink the Company

History is all too often repeated when start-up founders fail to plan for when (not if) they don’t see eye-to-eye. Relationship breakdowns and messy founder departures are common root causes of start-up failures. Common...more

Orchestra Left Without A Chair When The Music Stops: Another Independent Contractor Misclassification

How independent are musicians who play and perform with others? Do they have more artistic control on their own, or do they only become truly great artists in collaboration with others when their independent talents combine...more

Has your business appointed a whistleblowers' champion?

If your firm is a UK deposit-taker with assets greater than £250 million, a Prudential Regulation Authority (PRA) designated investment firm or a firm within the scope of Solvency II, you should have appointed a...more

Buyer Beware: Noncompliant Electronic I-9 Software Risks Customer Company Fines

Electronic I-9 software can be very attractive to companies looking for efficiency and ensuring compliance. Not to mention the elimination of file drawers that once housed these voluminous paper I-9 files. However, buyers...more

Concerns on the New UK Whistleblower Rules

The U.K.’s Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) recently began rolling out new whistleblower rules, with which financial organisations will be required to comply. These rules have not...more

M&A and 401(k): A Cautionary Tale

Mergers and acquisitions (M&A) are transactions in which the ownership of companies, other business organizations or their operating units are transferred or combined. It was also the name of a really boring class I took at...more

Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections...more

The New FCA Whistleblower Rules: What You Need to Know

In October 2015 the Financial Conduct Authority (FCA), alongside the Prudential Regulation Authority (PRA), published new rules in relation to whistleblowing channels in banks and other financial institutions to encourage a...more

District Court Holds Private Equity Funds Jointly Liable for Portfolio Company's ERISA Withdrawal Liability

The U.S. District Court for the District of Massachusetts ruled on March 28, 2016 that two private equity funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of their jointly-owned...more

Three Key Findings from our 2016 Hotline Benchmark Report

When organizations use a hotline service to capture employee concerns, they introduce valuable data into their compliance programs. However, without knowing how you fare against your peers, data becomes less valuable and...more

Sun Capital Decision Implicates Private Company Investing

On March 28, 2016, the U.S. District Court for the District of Massachusetts (the District Court) delivered a controversial opinion in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund...more

Practical Advice for the Business Owner - Avoiding common mistakes when making incentive compensation grants to employees

Incentive compensation (e.g., stock options, restricted stock, bonus plans, phantom stock, stock appreciation rights, etc.) can be a very useful tool for aligning the incentives of employees and shareholders, as well as a...more

Are Concerns About the UK’s New Whistleblower Rules Misplaced?

In early April, the UK’s Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) began rolling out new whistleblower rules, with which financial organisations will be required to comply. These rules have...more

How Does a Company Satisfy the Work Product Motivation Element for Post-Accident Investigations? (Part II)

Last week's Privilege Point discussed a court's rejection of a work product claim for a routine post-accident incident report. That defendant did not establish that the report was different from reports following accidents...more

How a Retirement Plan Sponsor Can Avoid Being a Patsy

I always say that you should never be a spectator in your own life; you need to be an active participant in shaping your own life. Too often, a retirement plan sponsor acts like a spectator when the plan sponsor neglects...more

No General Jurisdiction Over Out-of-State Firms Registering to Do Business in Delaware

The Delaware Supreme Court ruled yesterday that out-of-state corporations no longer would be subject to general personal jurisdiction in Delaware merely because they had registered to do business in Delaware. In making that...more

DOL issues final fiduciary rule and related exemptions

The final DOL fiduciary regulation (the Final Rule) and other guidance published by the DOL on April 8 will have a significant effect on those who provide investment advice and sell investment products and services to...more

The Art of Self Defense

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures,...more

Preparing Your Organization Today to Win Its Future (Possibly Inevitable) Cyber Lawsuit: Making Crown Jewels Out of Paper

One day in the not too distant future, your organization may be fighting to protect its balance sheet against high-stakes claims in a cyber tort trial. Arrayed against you will be the best of the class action plaintiff’s...more

Anti-Corruption Compliance in High-Risk Environments [Video]

Leslie Benton of The Center for Responsible Enterprise And Trade (CREATe.org) interviews Richard Bistrong, CEO of Front-Line Anti-Bribery LLC, a consultancy focused on real-world anti-bribery compliance, training, and...more

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