In the October 2003 SEC Watch, I outlined proposed Securities and Exchange Commission amendments requiring proxy disclosure of nominating committee practices, and establishing procedures for shareholder communications with the board of directors. In November 2003, the SEC adopted the proposed ...
Read More »Privacy Of Employee Medical Records: A Primer
Employers continue to struggle with issues related to the privacy of employee medical records. Although the new federal privacy rule (Privacy Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not regulate businesses in their capacity ...
Read More »Saving Money In Complex Commercial Arbitration
Careful pre-arbitration planning by in-house counsel can play a pivotal role in reining in litigation costs in complex commercial cases.
Read More »Avoiding Costly Mistakes: Employers Should Routinely Double-Check References And Resumes
The practice of recruiting, and actually hiring, the most qualified candidate for a job should be one that is painstakingly undertaken by employers. When interviewing candidates, employers should pay particular attention to objective criteria such as previous work history, education ...
Read More »Brand Protection: Going Global Via Madrid Protocol International Treaty Promises To Streamline Foreign Registration Of Trademarks
The Madrid Protocol. It sounds like a spy novel, but it is actually an international treaty that facilitates trademark protection in most of the world’s major economies. As of Nov. 2, 2003, the United States became one of some 60 ...
Read More »Aggressive Investigations Can Head Off Many Potential 'Third Wave' Asbestos Claims
Despite two U.S. Supreme Court opinions urging Congress to do something about it and despite unprecedented efforts to fashion a legislative solution in the 108th Congress, the asbestos personal injury litigation grinds on. The litigation has driven more than 70 ...
Read More »Spanish Holding Company Emerging As Useful International Tax Planning Tool
When companies hold or plan to hold interests in subsidiaries resident in foreign jurisdictions, appropriate international tax planning is a must. Though some might argue that going abroad can give more than one headache to the client and its counselors, ...
Read More »Enforcing Records Retention Policies Poses Challenge To In-House Counsel
While most in-house counsel know it's now imperative to develop a records retention policy to handle government investigations of alleged corporate wrongdoing and to prevent damaging electronic evidence seeping out in discovery, the really hard part is enforcing the policy so it actually works.
Read More »ACCA 2003 Northeast Chapter Annual Conference Recap
On Nov. 6, 2003, the Boston office of Foley Hoag hosted the Association of Corporate Counsel America (ACCA) Northeast Chapter Annual Conference. With more than 150 people in attendance, including members from both the Northeast and Connecticut Chapters and several ...
Read More »Ethics Pays: Integrity-Based Negotiations Lower Procurement Costs And Create Durable Supplier Relationships
To effectively lower procurement costs and build durable supplier relationships, the author argues that ethical considerations should enter into every transaction.
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