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ACC Northeast Chapter Offering Mediation Training

The Northeast Chapter of the Association of Corporate Counsel is offering an eight-hour mediation and conciliation training program in connection with its mediation/conciliation program at the Dedham, Mass. and Woburn, Mass. District Courts. Four separate two-hour training sessions are scheduled ...

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Internal Investigations Essential Component To Cooperating With SEC

Judging from a recent string of high-profile settlements, the Securities and Exchange Commission is placing greater importance on corporate cooperation in its investigations, rewarding full cooperation in appropriate circumstances, and more importantly, penalizing the lack of it with steep penalties.1 ...

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Appeals Court Rejects ‘Adverse Inference’ Rule In Patent Disputes, Boosting The Attorney-Client Privilege

With attorney-client confidentiality generally, and the privilege specifically, under regular attack, it is refreshing to see the full force of the privilege restored in an area in which it has long been unfairly curtailed. In Knorr-Bremse Systeme Fuer Nutzfdahrzeuge GmbH ...

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Recent Rulings Reshape Non-Competition Agreements In Massachusetts

Employee non-competition clauses present a difficult challenge for in-house counsel because judges disfavor them and they are often difficult to enforce. Counsel must decide when to spend sometimes-significant legal fees attempting to enforce such clauses, considering all the underlying facts. ...

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Avoiding An ‘Implied’ Employment Contract Or Drafting A Favorable One: A Primer

Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer’s actions and is binding on the employer, though it may be difficult to prove. Because an implied employment contract may arise during any communication with ...

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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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