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Extra Protection for Independent Directors: Wealth Security Policy
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Reps and Warranties Insurance: Merely a “Deal Facilitation Tool” or a real Risk Transfer Mechanism?
Reps and warranties insurance, particularly in the US and most especially on the West Coast, was just a novelty for too long. More recently, however, the rise of reps and warranties coverage is well documented. Reps and warranties insurance is now a standard part of private equity transactions and an increasing part of the strategic buyers and sellers’ tool kits.View Insight -
The Death of Disclosure-Only Settlements
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‘Cybermetrics’: The Metrics for Sustainable Cyber Security
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Preventing Social Engineering Losses
“Social engineering” losses have officially come into corporate prominence, though the term does little to explain the mechanics of these claims. There are many forms of these types of losses, but most involve wrongdoers who impersonate an employee, vendor or customer by phone or email and induce someone within your company to wire funds, purchase equipment or release personal private information.View Insight -
Newly Public Companies: The Essentials
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How to Prepare for Violence and Tragedy in the Workplace
It’s concerning but true: workplace violence, including assaults and homicides, made up 16 percent of all work-related fatal occupational injuries in 2014, according to the Bureau of Labor Statistics. And the US Department of Labor (DOL) reports that every year, approximately 2 million people throughout the country are victims of non-fatal violence at the workplace.View Insight -
Considerations In Employee Auto Accidents
The United States Census Bureau estimates that there are in excess of 10,000,000 auto accidents annually in the United States. Employers often wonder what responsibilities they have toward employees involved in auto accidents while using personal automobiles. There really are, after all, some tricky issues to work through.View Insight -
Secret Investigations and Qui Tam Suits
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Assess, Respond and Insure
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IPO Companies, Section 11 Suits and California State Court
In 2009, a group of shareholders filed suit in federal court against CardioNet, a company that had recently completed its IPO. The shareholders sued pursuant to Section 10(b) of the Securities Act of 1934. The federal court dismissed the case. However, in 2010, another group of shareholders filed suit in California state court against the same company under Section 11 of the Securities Act of 1933. Within two years, that case settled for more than $7 million.View Insight -
Corporate Formalities: How Much Do They Matter?