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Articles on corporate law
Articles on corporate law
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 | Effect of Severance Arrangements on the Performance-Based Compensation Exception to the $1 Million Deduction Limit
November 6, 2009, previously published on November 5, 2009 US Internal Revenue Service (IRS) Revenue Ruling 2008-13 (the "Ruling")...describes an incentive compensation arrangement that was generally intended to provide payment only if certain performance goals were attained, but also provided for payment by reason of an executive's involuntary... |
 | Attorney-Client Privilege Trumps Company's Email Policy
Hinshaw & Culbertson LLP; November 6, 2009, previously published on November 5, 2009 Despite company policy to the contrary, a former employee's personal emails to her attorney were protected by the attorney-client privilege. |
| PRC Labour Law in a Nutshell: Can I Require an Employee to Pay Liquidated Damages should the Employee Breach the Labour Contract?
November 6, 2009, previously published on November 4, 2009 Can I require an employee to pay liquidated damages should the employee breach the labour contract? |
| Thai Revenue Department Proposes End to Non Juristic Bodies of Persons
November 6, 2009, previously published on November 4, 2009 The Thai Revenue Department is advocating for non-juristic bodies of persons to be stripped of their status under the Revenue Code in order to prevent abuse and tax evasion. |
| The SEC Takes another Pass at Shareholder Access
Justin Ettelson, Katayun I. Jaffari; Saul Ewing LLP; November 5, 2009, previously published on November 2009 As reported in July, the Securities and Exchange Commission voted May 20 to release a shareholder proxy access proposal. Amid an intense lobbying effort against the proposal by major business interests and the dissenting views of Commissioners Troy Paredes and Kathleen Casey, the SEC has decided to... |
| Former Company President Must Pay $6.8 Million for Sexual Harassment Claim
Graham W. Askew; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 A state court recently ruled that the former president of a pharmaceutical company must forfeit $6.8 million in salary and bonuses he earned during the period of his misconduct. The case, entitled Astra USA, Inc. v. Bildman, presents an interesting legal theory for holding a fiduciary personally... |
| Privileged Information is Not Privileged from Whistleblowers
Van D. Turner; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 Do you think your company's communications with in-house counsel are privileged? Think again. In some cases, whatever you say to your in-house counsel could be used against you. Jack R.T. Jordan, a former in-house lawyer for Sprint Nextel Corporation ("Sprint"), alleged that Sprint denied... |
| Falling Shareholder Vote Participation Spurs SEC to Propose Changes to Proxy Rules
Ira Rosner; Greenberg Traurig, P.A.; November 5, 2009, previously published on October 2009 On October 14, 2009, the Securities and Exchange Commission (SEC) posted proposed changes to its proxy rules in response to lower shareholder voting rates when public companies use the "Notice and Access" model for their proxy materials. |
| Ninth Circuit Permits In-House Counsel to Proceed with SOX Whistleblower Claims
Ford & Harrison LLP; November 5, 2009, previously published on October 2009 The Ninth Circuit recently issued its first decision addressing the substantive requirements necessary to establish a claim under the whistleblower protection provision of the Sarbanes-Oxley Act (SOX). See Van Asdale v. International Game Technology (9th Cir. August 13, 2009). In overturning the... |
| New German Government's Roadmap Could Change Antitrust Rules for Large Firms in Germany
Carsten T. Gromotke, Thomas Jestaedt, Johannes Zöttl; Jones Day; November 5, 2009, previously published on October 2009 On 24 October 2009, the new German government published its roadmap for the next four years. As part of its plans, the government has announced its intention to introduce a power to break up companies ("Entflechtung") into German antitrust law. It is an understatement to say this has... |
