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SEC Examinations: A Primer for Investment Advisers, Companies

Securities and Exchange Commission examinations are crucial to the agency’s efforts to enforce the federal securities laws. The mere threat of an SEC examination, particularly in the current regulatory climate, provides a strong incentive for investment advisers and investment companies ...

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Summary Disposition in Breach of Contract Cases: The Benefits and Risks

Does your company’s standard contract contain an arbitration clause requiring customers to arbitrate any and all claims against you? If so, imagine the following scenario. Your customer serves you with a lawsuit claiming breach of contract. Based on your arbitration ...

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Successful Coaching of Colleagues and Subordinates

Question: I am the manager of a group of attorneys within the legal department in our company. Part of my job responsibilities on which I am evaluated is to be a coach to my people. I played a lot of ...

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Case Law for In-House Counsel

U.S. Supreme Court Civil Procedure Jurisdiction Okay as Long as One Plaintiff Meets Diversity Minimum A U.S. District Court can exercise supplemental jurisdiction in a diversity class action over unnamed plaintiffs whose claims do not meet the minimum amount-in-controversy requirement ...

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Written Decisions Could Change Face Of Securities Arbitration

By Paul D. Boynton Investors or employees involved in disputes with brokerage firms could ask for a written explanation of arbitration decisions under a proposed new rule, which, if approved, could dramatically change how arbitrations are decided in the securities ...

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SOX Whistleblower Gets Reinstatement Despite Rancor

In a closely watched test case of the whistleblower provision of Sarbanes-Oxley, a Department of Labor administrative law judge recently ordered a small Virginia bank to reinstate its former CFO despite claims of a rancorous relationship between the two.

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