Corporate Governance

Privilege Invoked: Shareholders Won’t See Facebook Board Communications

A Facebook institutional shareholder (a state public employee retirement fund) did not like a $5 billion settlement the company negotiated […]

The Decision That Has Shaped Privilege Law For 40 Years

This is the fortieth anniversary of the Supreme Court decision that “forever redefined the corporate attorney–client privilege,” writes Todd Presnell […]

The Rise Of “Event-Driven” Securities Class Actions

Events like environmental disasters, #MeToo reckonings, cybersecurity breaches and even COVID outbreaks, which might predictably draw plaintiff injury lawsuits, are […]

Scalia’s Trinity

In his review of a recent anthology of writings by the late Justice Antonin Scalia, Harvard Law professor and Bloomberg […]

SEC Fines Company For Understating Covid Hit

The SEC has levied a $125,000 penalty against Cheesecake Factory Inc. for understating the effects of the COVID-19 pandemic on […]

Executive Nostalgia For “Two Cans And A String,” Plain Talk Instead of PowerPoint

A panel of corporate secretaries and counsel expressed a growing sense of “videoconferencing ennui” and “zoom fatigue,” says an article […]

No Privilege For Lawyer Doubling As HR Chief

An in-house attorney moved through company ranks to become Director of Human Resources. However, she continued to provide legal advice […]

Data-Breach Conundrum For In-House Counsel Now Said To Include Potential Personal Liability

A data breach brings with it some of the most difficult calls in-house legal will ever have to make. What […]

Cybersecurity Legislation Introduced

Three pieces of legislation addressing cybersecurity, particularly within the Department of Homeland Security (DHS), were introduced in the House on […]