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Guest Post: Holding Bankers Liable?
In a recent post on this blog (here), I commented on a May 29, 2012 Dealbook blog post entitled “Why S.E.C. Settlements Should Hold Senior Executives Liable” (here), which had been written by two...
View ArticleCEOs’ Personal Lives and Corporate Risk
It is not news that the choices CEOs make can significantly impact the companies they lead. But at least according to a recent academic study, CEOs’ ability to affect their companies is not limited...
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Executive Liability for Data Breach Notification Delay?
The outrage that followed Uber’s revelation that hackers had accessed 57 million passenger and drive records was not about the breach itself. It was about the accompanying disclosure that the company...
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Guest Post: Cybersecurity and D&O Liability: Emerging Concerns under Indian Law
One of the most closely watched issues in the world of D&O is the extent to which cybersecurity-related issues will lead to liability for corporate directors and officers. In the following guest...
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Guest Post: Compliance-Hype in Germany
In the following guest post, Ulrike Binder, a corporate partner in Mayer Brown’s Frankfurt office, Jan Kraayvanger, a partner in Frankfurt office of Mayer Brown’s Litigation & Dispute Resolution...
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Just a Reminder: Private Company Executives Can Be Held Liable Under the...
Although it is not always appreciated or taken into account, the fact is that executives of private companies can be held liable for statements or other actions made in violation of the federal...
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Say It Again: Private Companies Are Subject to the Federal Securities Laws
It is a point I have made before but it is worth saying again – private companies are not immune from scrutiny under the federal securities laws. In a series of recent enforcement actions – most...
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Senator Warren’s Proposed Executive Liability Legislation is Contrary to...
One of the now-standard storylines about the global financial crisis is that despite all the chaos very few corporate executives were prosecuted and even fewer went to jail. However, rather than...
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Why Corporate Executives Should Have a Separate Written Indemnification...
Most companies’ corporate bylaws or articles of incorporation contain indemnification and advancement provisions. While these provisions provide important protection for corporate executives if the...
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Thinking About the Wells Fargo Executive Compensation Clawbacks
Wells Fargo’s bogus customer account scandal is back in the news again, most recently because of the bank’s release on Monday of the report of its independent directors’ investigation of the bank’s...
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