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|Corporation Does Not Have Protected Interest in Documents Thrown in Common Area Dumpster|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
September 19, 2014, previously published on September 2014Between 1998 and 2000, Greenpeace, an environmental lobbying group, investigated and lobbied against Dow Chemical Co. and Sasol North America, Inc. for their chemical manufacturing operations at Lake Charles, Louisiana. In response, both companies retained lobbying firms to assist in combating...
|Three Things US Audit Committee Members Should Consider Now|
David S. Bakst, John P. Berkery, Edward S. Best, James B. Carlson, Michael L. Hermsen; Mayer Brown LLP;
September 19, 2014, previously published on September 11, 2014Audit Committees have seen their responsibilities increase dramatically in 2014. Additionally, they have also faced increased regulatory scrutiny, potential liabilities and proxy and shareholder activist opposition to the re-election of Audit Committee members to the board of directors of the...
|SEC Issues Warning to All Mid-Sized Companies|
Frantz Ward LLP;
September 19, 2014, previously published on September 9, 2014In what may be a signal that the United States is not willing to turn a blind eye to what many may characterize as “petty” or small-scale bribery, Smith & Wesson, was recently fined $2 million for $11,000 in bribes which resulted in approximately $100,000 in profit. “This is a...
|CSA Proposes Dramatic Changes to Take-Over Bid Rules in Canada: A Good Day for Target Companies|
Robert N. Black, Sarah Bode, Don Collie; Davis LLP;
September 19, 2014, previously published on September 16, 2014A significant proposal regarding the take-over bid regime in Canada was released on September 11, 2014 by the Canadian Securities Administrators (CSA). The CSA and the Autorité des marchés financiers (AMF) in Quebec had previously released competing proposals in March 2013 on how...
|CSA's 2014 Continuous Disclosure Review Program Finds 76% of Reviewed Issuers Disclosed Insufficient Information|
Robert N. Black, Sarah Bode; Davis LLP;
September 19, 2014, previously published on September 15, 2014The recently released Canadian Securities Administrators (CSA) Staff Notice 51-341 contains the conclusions from the CSA’s Continuous Disclosure Review Program for the fiscal year ended March 31, 2014. The Continuous Disclosure Review Program’s goal is to improve the completeness,...
|Charity Commission Appeals to Upper Tribunal in Case of Ethiopian Orthodox Church Charity|
Chris Priestley; Withers Bergman LLP;
September 18, 2014, previously published on September 9, 2014The charity tribunal has given the Charity Commission permission to appeal to the upper tribunal in the case of the Ethiopian Orthodox Tewahedo Church St Mary of Debre Tsion.
|Corporate Social Responsibility Reporting|
Anne Davies; Withers Bergman LLP;
September 18, 2014, previously published on September 10, 2014There is a growing trend globally towards greater transparency in corporate reporting of non-financial risks and policies. The disclosure of environmental, human rights and social risks is becoming a mandatory legal requirement across the world. We focus here on recent developments in the EU.
|What Happens When OSC Staff Can’t Prove Its Allegations? Lessons from the Baffinland Insider Trading Saga|
Shane C. D'Souza, Andrew Matheson, Shea T. Small, Rene R. Sorell; McCarthy Tétrault LLP;
September 18, 2014, previously published on September 2, 2014Securities regulators pursuing allegations of insider trading typically allege not only that respondents have violated the statute but also that their conduct is contrary to the public interest. When a regulator fails to demonstrate a violation of the statute, what are the limits on using the...
|New EU Data Protection Rules|
Chris Priestley; Withers Bergman LLP;
September 18, 2014, previously published on September 9, 2014If implemented, the EU’s proposals to reform data protection rules could have a serious impact on charity fundraising.
|The Commercial Register|
Abdelrahman Elnafie, Paul Sheridan; Dentons Canada LLP;
September 18, 2014, previously published on September 16, 2014Custom and practice have always been important when it comes to interpreting laws in the Sultanate. In some circumstances, custom may even be law itself. But care is needed to avoid the trap of loose assumptions that could have alarming consequences. For instance, it is often assumed that a validly...