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Sarbanes-Oxley Heightens ‘Obligation’ To Disclose Potential Violations Of The Foreign Corrupt Practices Act

Halliburton Co. recently announced its discovery of evidence that in 1995 a consortium it later acquired had considered making payments to Nigerian officials in order to win an energy contract. The announcement, made in a filing with the Securities and ...

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Sharing Information With Auditors Could Increase Risk Of Waiving Privileges

In a post-Sarbanes-Oxley world it might seem that a company can never disclose too much to its auditors. Unfortunately, caution must be exercised when sharing information with auditors to avoid waiving legal privileges. Courts have long recognized that when accountants ...

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Securities Litigation Cases At Record High

The number of securities litigation cases nearly doubled in the third quarter of 2003 compared to the same period during the previous year and remains well above historical averages, according PricewaterhouseCoopers. The 69 cases marked the highest total for a ...

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Agency Planning To Post Online Comment Letters And Responses

In the midst of all the Sarbanes-Oxley regulatory developments, it was easy to miss the Securities and Exchange Commission’s three-page release on June 24. After all, with the SROs remaking the rules of governance, with the SEC remaking the disclosure ...

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Non-Compete Nonstarters: Avoiding The Seven Biggest Drafting Mistakes

Too often, a company loses a preliminary injunction motion to enforce a non-compete agreement because of mistakes made when it drafted the non-compete. Spending tens of thousands of dollars to get to the hearing is an expensive way to find out that your non-compete is not as enforceable as you hoped.

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Stale Securities Fraud Claims Can’t Be Revived Under SOX

Securities fraud plaintiffs could not revive time-barred claims under the extended statute of limitations under the Sarbanes-Oxley Act, the 2nd U.S. Circuit Court of Appeals has ruled. A three-judge panel of the court rejected the plaintiffs’ argument that they could ...

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Employer Health Benefit Plans Subject To HIPAA Privacy Rules

With all kinds of personal data increasingly being stored and transmitted electronically, people increasingly fear that more and more information about their personal lives is accessible to more and more people. These breaches of privacy can range from an analysis ...

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Counsel Pressuring Outside Law Firms On Diversity

It didn't take long for dozens of corporate counsel at large companies to sign onto a recent "Call To Action" urging them to pressure outside counsel on diversity hiring and retention campaigns, with many on board before the final version went out in August. But unlike earlier initiatives that simply sought a commitment to diversity from outside counsel, this pledge promises to yank business from outside law firms that do not make diversity progress and give it to those that do.

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