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Morgan Lewis Does Well on Corporate Counsel Lists
In a world where corporate scandals and the economic downturn have created general counsel turnover at an alarming rate -- 10 percent of general counsel at Fortune 250 companies left their posts last year -- law firm representations of major corporations have also been in flux.Make Arbitration An Anachronistic Relic
Arguments addressing the enforceability and permissible characteristics of employment arbitration plans continue to cost employers and employees substantial legal fees and result in significant delays in the resolution of their disputes. The focus of the struggle has been on whether the mandatory arbitration process is unconscionable. Unfortunately, this approach addresses only the final stage of dispute resolution.Corporate and Securities Litigation
Sarah S. Gold, a partner at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, review the recent decision in Staehr v. Hartford Financial Services Group Inc., where the Second Circuit held that both the specificity and accessibility of public information about allegedly fraudulent conduct must be evaluated along a "sliding scale" to determine whether it will trigger a duty to inquire and the two year statute of limitations for a securities fraud claim.Consider the Implications of Mandatory Advancement of Legal Fees
Mandatory, unconditional corporate indemnification and advancement of legal expenses can be an important inducement to attract valuable individuals to corporate service. But attorney Joseph M. McLaughlin writes that companies may find it worth pausing to consider the implications of mandatory advancement rights, as opposed to advancement grants in which the board retains some discretion to exercise business judgment on whether and how to condition the advancement of credit to corporate officials.Directors' and Officers' Liability
Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, analyzes recent decisions which reaffirm the safe harbor against director liability for transactions where a majority of fully informed shareholders ratify the actions of even interested directors and which hold companies to bylaw provisions or agreements that grant broad advancement rights to directors and officers, regardless of how deeply the individuals seeking advancement have fallen out of favor with their company.State AI Legislation Is on the Move in 2024
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2024 ESI Risk Management & Litigation Readiness Report
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