Katherine D. Ashley, Gary DiBianco, Dana H. Freyer, Matthias Horbach, Pierre Servan-Schreiber of Skadden, Arps, Slate, Meagher & Flom LLP put together a nice article addressing the challenges of exporting the whistleblower requirements under Section 301 of Sarbanes-Oxley to operations in the European Union: Whistleblower Programs: Challenges for Multinational Companies. Section 301 of the Sarbanes-Oxley … Read more »
Year: 2009
IRS Issues New Guidance on COBRA Subsidy
The Internal Revenue Service has issued Notice 2009-27 (.pdf), providing new guidance relating to the COBRA subsidy made available under the American Recovery and Reinvestment Act of 2009. Notice 2009-27 provides guidance on the definition of involuntary termination and assistance eligible individual. It also provides more detail on calculating the subsidy and determining the election … Read more »
Developing a Culture of Honesty and Integrity…its Not Easy!
EthicsPoint sponsored and presented a webinar from Bob Phillips of RW & Associates, Inc. on Developing a Culture of Honesty and Integrity…its Not Easy! These are my notes. Bob started with a quote from Stephen Covey: “The leader of the future, of the next millennium, will be one who creates a culture or value system … Read more »
NBA and OFAC
It is unusual to see a story where the National Basketball Association intersect with the U.S. Treasury’s Office of Foreign Assets Control. But that is the lot in life for the 7-foot-2 Hamed Haddadi, a back up center for the Memphis Grizzlies. Since Mr. Haddadi is from Iran, he is apparently subject to the decades … Read more »
Ten Principles for a Black Swan-Proof World
Nassim Nicholas Taleb penned an opinion piece in the Financial Times: Ten principles for a Black Swan-proof world . Check out the piece for details behind each item: 1. What is fragile should break early while it is still small. 2. No socialisation of losses and privatisation of gains. 3. People who were driving a … Read more »
Martindale-Hubbell’s Counsel to Counsel Forum
The folks over at Martindale-Hubbell were nice enough to invite me to their latest Counsel to Counsel Forum in Washington D.C. The forum operates under the rule that “what is said in the room stays in the room” so I will not share any details, but there were a few themes that I think I … Read more »
Limiting Access to the Courts in a Collective Bargaining Agreement
The United States Supreme Court handed a clear win for employers in 14 Penn Plaza LLC v. Pyett. Members of the Service Employees International Union, were employed to provide security services to a New York City office building owned and managed by 14 Penn Plaza. A provision in the collective bargaining agreement prohibited discrimination, but … Read more »
The New COBRA Subsidy: An Update for Employers
The Employee Benefits and Executive Compensation group at Bingham McCutchen LLP put together a nice summary of the steps employers need to take in light of the changes to COBRA under the the American Recovery and Reinvestment Act of 2009. They dive into many of the details of who is eligible for the subsidy and … Read more »
Proclamation 7750, Diplomatic Immunity and Corruption
The Foreign Corrupt Practices Act only applies to those making bribes. It does not apply to the recipients of bribes. Since the recipient must be a “foreign official” you run into the issue of “diplomatic immunity.” The concept is that officials should only be held accountable to the laws in their home state. We would … Read more »
Extranets for Law Firm and Client Collaboration – Moving Beyond Email
One of the problems with collaboration between law firms and their clients is that too much of it happens through email. Email is fast, allows you to send the same message to lots of people, and is inexpensive. But it is still a set of messages sent back and forth, much like the Pony Express. … Read more »