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Corporate Executives

Apex Depositions

by Butler Snow LLP on

It has become an increasingly common tactic for opposing counsel to seek the depositions of top corporate executives. These depositions are generically referred to as apex depositions....more

Individual Executives Found Liable Under False Claims Act

by Weiner Brodsky Kider PC on

Following a two-week trial, a federal jury in Charleston, SC, recently found three health care company executives individually liable under the False Claims Act and Anti-Kickback Statute in connection with the submission of...more

New Tax Act Affects Settlements of Sexual Harassment Suits

by Jackson Walker on

The Tax Cuts and Jobs Act has a special provision that addresses the recent concerns growing out of Harvey Weinstein and other scandals related to sexual harassment and abuse. Specifically, the Tax Act addresses the concern...more

Bill Proposes Jail Time for Executives Who Conceal Data Breaches

by Alston & Bird on

On November 30, 2017, a group of U.S. senators re-introduced a bill, known as the Data Security and Breach Notification Act, which seeks to impose criminal liability of up to five years of jail time on any corporate executive...more

Know before your borrow: Risks for Start Ups in signing Employment Agreements with key employees

by Bryan Cave on

Generally, startups do not sign employment agreements with employees, but if you do, it is very important to understand what you are signing. For every well drafted executive employment agreement in the business world,...more

In Case You Missed It: Launch Links - August, 2017

by WilmerHale on

Some interesting links we found across the web this week: Congratulations, Your Startup Is Profitable! Now What? Becoming cashflow positive can be exciting and emboldening....more

Tips for Drafting Executive Employment Agreements – Tip #4 – Beware of 409A

by Bryan Cave on

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be...more

Blog: Asset Managers Support Shareholder Proposals For Board Diversity—Will It Make A Difference?

by Cooley LLP on

There’s been chatter about board gender diversity for a long time and, while there has been some modest progress, we have yet to see any dramatic breakthroughs. Now some of the largest asset managers are not just talking the...more

Tips for Drafting Executive Employment Agreements -Tip #2 – Severance Conditions

by Bryan Cave on

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be...more

How to Keep it Brief: The No. 1 Secret to Shortening Your Meetings

No one likes sitting in a meeting any longer than necessary. So here’s the best kept secret for shortening a meeting: bypass debate on non-controversial motions. ...more

Tips for Drafting Executive Employment Agreements -Tip #1 – Define “Cause” Broadly

by Bryan Cave on

Tip No. 1: Define “Cause” Broadly - Executives and other high-level employees often negotiate a contractual provision requiring the payment of severance if terminated without “Cause” prior to the expiration of a term...more

There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private...more

Cardiac Arrest: A CEO’s Story of Criminal Jeopardy

by Zuckerman Spaeder LLP on

When an executive becomes embroiled in a dispute with an employer, the executive tends to take it personally. And when the executive’s conflict is with the government, the executive’s sense of outrage ratchets up even more....more

FCPA Compliance Report-Episode 334, Lauren Briggerman

by Thomas Fox on

In this episode, I visit with Lauren Briggerman, a member at the firm of Miller & Chevalier. She discusses the latest edition of the firm newsletter, Executives at Risk: Navigating Individual Exposure in Government...more

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

by Zuckerman Spaeder LLP on

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an...more

Former Lutonix VP Pleads Guilty to Trade Secret Theft

by Knobbe Martens on

On May 9, 2017, according to court records, Christopher Barry, former Vice President of R&D at Lutonix Inc., pled guilty to stealing Lutonix’s trade secrets in the form of several confidential electronic files....more

Implementation Decree for the Say-on-Pay Provisions of the Loi Sapin II Adopted

by Jones Day on

Adopted on 8 November 2016, the Sapin II Act (Loi Sapin II) introduced a compulsory ex ante vote on remuneration policy and an ex post vote on the amount of remuneration received in accordance with the policy passed the...more

The Danger of Corporate Scandals – When CEOs and Senior Executives Circle the Wagons to Impugn a CCO

by Michael Volkov on

We all know the scenario. A corporate scandal breaks, heads will roll and criminal investigators have invaded a company to investigate and prosecute the CEO, senior executives and others. It is a toxic environment when this...more

Firsts for UK SFO with in principle false accounting DPA, and for FCA with market abuse compensation, against Tesco

by Latham & Watkins LLP on

Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office...more

A Startup Attorney’s Tips to Advance Private Company Diversity

by Fenwick & West LLP on

One of the biggest contributors to a lack of corporate diversity is the size of a company. And the problems are often traceable to the company’s leanest, earliest days. One of my key messages to clients is that it’s never too...more

Deep Dive Due Diligence: Part III – What Does Level III Due Diligence for Senior Execs Consider?

by Thomas Fox on

Today, I continue my exploration of Level III, deep dive due diligence, by discussing what this level of due diligence would consider regarding senior executives. I am joined in this exploration by Candice Tal, founder and...more

Deep Dive Due Diligence: Part II – Why Level III Due Diligence for Senior Execs?

by Thomas Fox on

Today, I continue my exploration of Level III, deep dive due diligence by considering why you need this type of background investigation in the context of the hiring and promotion of senior managers in an organization. I am...more

Gender Diversity Survey - 2016 Proxy Season Results

by Fenwick & West LLP on

The Fenwick & West Gender Diversity Survey provides unique insight into women’s participation at the most senior levels of public technology and life sciences companies in the Silicon Valley 150 Index (SV 150) and the large...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

by Bowditch & Dewey on

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

If You Sue Facebook, What's The Likelihood You'll Be Allowed To Depose Mark Zuckerberg?

by Weintraub Tobin on

Companies are no strangers to litigation. In California, it is a cost of doing business. Unfortunately, it is not uncommon for litigants to try to gain leverage in a dispute with a corporate party by attempting to depose its...more

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