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28 Sep 2017, 2:41 pm
For instance, when Senate majority leader Charles Schumer lambasted Equifax, accusing its executives of “the greatest instance of corporate malfeasance since Enron,” he sorely missed the point. [read post]
31 Jul 2017, 3:51 am
Why would anyone other than independent directors oversee financial reports? [read post]
5 Oct 2016, 4:00 am
Outside pressures can cause people to behave in ways they normally would not. [read post]
22 Apr 2016, 3:37 am
Enron’s and other corporations’ scandals drove legislation to ensure this. 6. [read post]
22 Apr 2016, 3:37 am
Enron’s and other corporations’ scandals drove legislation to ensure this. 6. [read post]
22 Feb 2016, 4:36 pm
In addition, an outside director was found liable when he failed to detect the misrepresentations. [read post]
13 Jan 2016, 5:05 pm
In contrast, cyber threats can originate from both inside and outside corporate walls, resulting in a much broader risk profile that requires at least an equivalent if not greater board attention and focus. [read post]
6 Jan 2015, 4:14 am
The year just ended was an eventful one in the world of directors’ and officers’ liability. [read post]
3 Sep 2014, 4:14 am
An increasingly large number of companies are adopting forum selection by laws and courts outside of the selected forum are showing a consistent willingness to enforce the provisions. [read post]
2 Sep 2014, 4:27 am
Aguilar stressed that “ensuring the adequacy of a company’s cybersecurity measures needs to be a part of a board of director’s risk oversight responsibilities. [read post]
11 Aug 2014, 3:59 am
They also raise important issues about the liability exposures of the potentially affected companies as well as for their directors and officers. [read post]
21 Jul 2014, 4:40 am
As discussed here, in January 2013, the claims against seven of Satyam’s outside directors were dismissed. [read post]
20 Mar 2014, 9:01 pm
Or, as The New York Times reported: “Hiring outside counsel in these cases is part investigation, part public-relations gambit and part legal strategy. [read post]
11 Mar 2014, 8:48 am
The Court further observed “that Congress was as focused on the role of Enron’s outside contractors in facilitating the fraud as it was on the actions of Enron’s own officers. [read post]
7 Mar 2014, 6:47 am
With regard to SOX’s legislative history, the Court observed that the statute was enacted in response to the Enron debacle and noted Congress’ concern with Enron’s outside professionals, who retaliated against their employees who threatened their employers’ business relationship with Enron by reporting fraudulent activity. [read post]
7 Mar 2014, 5:10 am
And not only does it seem shocking to those of us on the outside, but it was similarly shocking to some on the inside: The case is also surprising in that it stems partly from a revolt within the firm itself. [read post]
SOX Whistleblower Protection Extends to Employees of Private Contractors, According to Supreme Court
6 Mar 2014, 2:26 pm
The fear of retaliation was a major deterrent to the employees of Enron’s contractors in reporting fraud. [read post]
17 Dec 2013, 11:57 pm
[vi] The basic finding was that outside director liability is very rare. [read post]
7 Oct 2013, 6:44 am
The case is Heimeshoff v Hartford Life & Accident Insurance Co. and Wal-Mart Stores, Inc (Dkt No 12-729) In an unpublished opinion, the Second Circuit affirmed a lower court’s decision that the plaintiff’s claim for long-term disability benefits was untimely because she filed her action outside the policy-prescribed, three-year statute of limitations period. [read post]
12 Mar 2013, 10:24 pm
I know that much of this blog’s readership is located outside the United States and that many readers have substantial business dealings overseas. [read post]
