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New Deferred Compensation Guidance - What We Know And What We Don't
It seems that from the moment President Bush signed the American Jobs Creation Act of 2004 into law last October and added new Section 409A to the Internal Revenue Code of 1986, as amended ("Code"), a Pandora's box of questions, applications and interpretations of what is and is not subject to the...
Read MoreNavigating The Still Murky Post-Sarbanes-Oxley World: A Roadmap For Corporate Counsel
Editor: Post-Sarbanes-Oxley, the role of independent directors has been enhanced. What implications does this have for general counsel? Mirsky: Sarbanes-Oxley did not invent the role of independent director, but what it did change was to make a variety of corporate functions mandatory and it...
Read MoreThe Best Way To Handle Whistleblowing
Editor: Could you mention some of the circumstances where a failure on the part of the company to have adequate compliance systems and adequate coverage by in-house or outside counsel has led to difficulties for the corporate client? Garland: Sarbanes-Oxley was not written with employment law...
Read MoreIntellectual Property - A Key Asset Not To Be Overlooked
Editor: How does Sarbanes-Oxley ("SOX") affect the practice of intellectual property law? Friedman: Sarbanes-Oxley was adopted in July 2002, bringing much heightened scrutiny to corporate governance. Under SOX, particularly Sections 302, 404, and 409, companies must be very diligent in disclosing...
Read MoreIn-House Counsel's "Constituencies" Professional Obligations In The Post Sarbanes-Oxley World Here Come The Regulators
It used to be easy. As General Counsel or Assistant General Counsel to XYZ Corporation you represented the "Company" and traditionally reported to the CEO (if the General Counsel) or to the General Counsel (if an assistant in the General Counsel's office). Things have gotten a lot more complicated...
Read MoreResponding To SOX: A Class Action Litigator's Perspective
Editor: Your panel is entitled "Corporate Compliance Programs: A Practical Approach Based On Recent Amendments To The Sentencing Guidelines." From a litigator's perspective, how important is it that a company have state of the art legal and financial compliance systems in place? Could you give some...
Read MorePeter G. Verniero: Bringing Multiple Talents To Corporate Investigations
Editor: Tell us about your background: Verniero: I was appointed by Governor Christine Whitman as her chief counsel and served in that capacity from January 1994 to February 1995. At that point, I became the Governor's chief of staff. I remained in that position until July 1996 when I became...
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