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HTMLInformation Governance: What Every "D&O" Needs to Know
Buckley King A Legal Professional Association;
White Paper
November 27, 2014, previously published by Crain's Cleveland Business
A core duty of directors and officers is to protect corporate assets, and those of company business partners. This includes protecting confidential information, reputation and goodwill. And it requires oversight of management to develop systems that identify, mitigate and manage cyber risks.

 

HTMLCorporate Responsibility of Data Privacy, Protection   
Buckley King A Legal Professional Association;
Legal Alert/Article
November 27, 2014, previously published by Properties Magazine on November 2014
Cyber and network security exposures are no longer "emerging risks." The risks are here now. While security breaches are most frequently caused by human error relating to policy neglect or loss/theft of portable devices, the incidents attributable to phishing emails, malware and other...

 

HTMLCharities and VAT 'abuse'
Graham Elliott; Withers Bergman LLP;
Legal Alert/Article
November 25, 2014, previously published on October 21, 2014
There is a common misunderstanding in the charity world that tax avoidance, and its ugly sister - tax abuse, cannot be regarded as applying to charities except where charities are 'hijacked' to line the pockets of wealthy ostensible donors. But that is simply not the case. A charity which seeks to...

 

HTMLDonor Benefits - VAT
Graham Elliott; Withers Bergman LLP;
Legal Alert/Article
November 25, 2014, previously published on October 21, 2014
It is not unusual for charities, particularly those in the heritage, education, and culture sectors, to attract donations by means of minor benefits in return for specific suggested donations. They are usually called 'committed giving schemes', or perhaps 'friends' schemes'.

 

HTMLFederal NFP Corporations Act: What’s Next?
Timothy Fitzsimmons; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on October 21, 2014
Companies incorporated under the Canada Corporations Act (Part II) were required to be continued under the new Canada Not-For-Profit Corporations Act on or before October 17, 2014.

 

HTMLBusiness Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk
A. W. "Chip" Phinney, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 31, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

 

HTMLPresident Obama Announces Extended Visas for China/US Travel
Danielle Lifrieri; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 11, 2014
Arriving for the Asia-Pacific Economic Cooperation (APEC) summit on November 10, President Obama announced the conclusion of a reciprocal deal with China that will see both countries extend the length of the multiple-entry visitor visas available to citizens visiting the other country.

 

HTMLCanada Introduces Payment Reporting Legislation: What Mining and Oil & Gas Companies Need to Know
Graham Erion, John Munnis; Davis LLP;
Legal Alert/Article
November 17, 2014, previously published on October 27, 2014
On October 23, 2014, the Government of Canada introduced its long-awaited legislation to mandate disclosure of public payments made by mining and oil & gas companies for the commercial development of oil, gas and minerals. The Extractive Sector Transparency Measures Act (the “Act”)...

 

HTMLJapanese Acquirer Resolves Pension-Related Liabilities of US Subsidiary
Mark S. Chehi, Neil M. Leff, Ron E. Meisler, Regina Olshan, David C. Olstein; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
November 17, 2014, previously published on November 10, 2014
On November 4, 2014, Asahi Tec Corporation (Asahi), a Japanese corporation that acquired U.S.-based Metaldyne Corporation (Metaldyne) in 2007, announced a settlement of its long-running dispute with the Pension Benefit Guaranty Corporation (PBGC) regarding the 2009 termination of Metaldyne’s...

 

HTMLHow to Tailor Your Strategies for Engaging With Shareholder Activists
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 30, 2014
When it comes to engaging with shareholder activists, one size does not fit all. It’s crucial to think about the activist’s goals and possible outcomes. Is the activist seeking governance reforms, or a short-term return on an investment? How likely is it that the engagement will be...

 


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