Corporate Officials

The BizJet Case: The Drama Unfolds

by Michael Volkov on 4/8/2013

Talk about a way to start off FCPA enforcement in 2013. The Department of Justice has sent an emphatic message: Just when you think things are slowing down, they come out and surprise you....more

Court Rejects "Core Operations" Theory of Scienter in Battery Manufacturer Fraud Case

by Dean Razavi, Emily Stern | Katten Muchin Rosenman LLP on 3/27/2013

The District Court of Massachusetts dismissed Section 10(b)(5) claims against executives of a battery systems company, holding that plaintiffs could not rely on the theory that knowledge of the falsity of the statements at...more

Corporate Communicator - Spring 2013: Rule 10b5-1 Plans Under Scrutiny

by Lulu Chiu | Snell & Wilmer L.L.P. on 3/26/2013

There has been renewed focus on Rule 10b5-1 Plans following an article in the Wall Street Journal, published on November 27, 2012, entitled “Executives’ Good Luck in Trading Own Stock,” which reported that executives who...more

Insurance: details and the devil

by Frank Thompson, Sarah Turpin | K&L Gates LLP on 3/20/2013

Originally published in The Lawyer on March 18, 2013. It would be a mistake to think that directors and officers (D&O) insurance provides a blanket indemnity. D&O policy wordings are complex and...more

Eleventh Circuit Weighs in On Several Important FLSA Issues

by Nefertari S. Rigsby, Richard D. Tuschman | Akerman Senterfitt on 3/11/2013

The Eleventh Circuit Court of Appeals has issued an opinion that has significant implications for employers and employees alleging violations of the Fair Labor Standards Act ("FLSA"). Lamonica, et al. v. Safe Hurricane...more

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

by John Stigi | Sheppard Mullin Richter & Hampton LLP on 3/8/2013

In Belmont v. MB Investment Partners, Inc., No. 12-1580, 2013 WL 646344 (3d Cir. Feb. 22, 2013), the United States Court of Appeals for the Third Circuit held that a mere failure by corporate directors to oversee enforcement...more

When Does A Corporate Officer Or Employee Need Separate Counsel?

by Michael Volkov on 1/31/2013

It is a profound grasp of the obvious to state that internal investigations are risky. There are so many things that can go wrong when conducting an internal investigation. I am biased and believe that former federal...more

Environmental Crimes and Punishment

by Randall M. Lutz | Saul Ewing LLP on 1/24/2013

A few years ago the president of a well-known food brand was convicted and sentenced to serve nine months in federal prison for failing to stop his plant from engaging in a practice that he knew was a violation of...more

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