| 1. | Annual Compliance Obligations Of Investment Funds Investment Funds Practice Group
Akin Gump Strauss Hauer & Feld LLP (March 2010 Issue; Page[s] 26)
..."Sound Practices for Hedge Fund Managers,"1 which provides updates on valuation, risk management and responsibilities to investors, as well as a framework of internal policies, practices and controls. ... |
| 2. | The SEC's Enforcement Cooperation Initiative: Another Weapon In The Fight Against Financial Fraud And Corporate Abuse
Stephen M. Plotnick
Stern & Kilcullen, LLC (March 2010 Issue; Page[s] 22)
...and comprehensive investigations."8 The five units include each of the following: (1) The Asset Management Unit, which will focus on investment companies and advisors, mutual funds, hedge funds, and private equity funds; ... |
| 3. | New Rules: SEC Approves Enhanced Compensation & Governance Disclosures For 2010 Proxy Season - Part II
Public Company Advisory Group
Weil, Gotshal & Manges LLP (March 2010 Issue; Page[s] 21)
...
Reporting of Voting Results
Compensation Policies and Practices as Related to Risk Management
Valuation of Equity Awards
Fees Paid to Compensation Consultants and Potential Conflicts
Expansion Of Disclosure Requirements Related To Compensation
Compensation Policies and Practices as Related to Risk Management. ... |
| 4. | SEC Announces Measures To Encourage Cooperation And Names Specialized Unit Chiefs
Gregory S. Bruch and Elizabeth P. Gray
Willkie Farr & Gallagher LLP (March 2010 Issue; Page[s] 20)
...Office of Market Intelligence. The five unit chiefs include: Bruce Karpati and Robert Kaplan, Asset Management; Daniel Hawke, Market Abuse; Kenneth Lench, Structured and New Products; ... |
| 5. | Governance Developments - Uncertainty Comes Roaring In
By Thomas Quaadman (March 2010 Issue; Page[s] 19)
...prohibiting of staggered boards and for financial institutions the establishment of risk management committees. In late November, 2009, Senator Dodd started a mark-up of his bill. ... |
| 6. | Defensible Predictive Coding Will Change The Economics Of eDiscovery In 2010
The Editor interviews Jason Robman, Assistant General Counsel, Recommind. (March 2010 Issue; Page[s] 10)
...
Recommind is the leading provider of search-powered information risk management software. Specifically, we provide our clients with enterprise search, eDiscovery and email management software. ... |
| 7. | eDiscovery Cloud: Processing, ECA, Analysis And Review Through Production The Editor interviews Tom Thimot, CEO, CaseCentral. (March 2010 Issue; Page[s] 08)
...Gelbmann as the framework for my answer. The "left side" of the EDRM, which includes information management, identification, preservation and collection, typically makes sense to perform with on-premise software because that is typically where the custodians and data reside. ... |
| 8. | Overview Of The CFIUS Process Nova J. Daly and John B. Reynolds, III
Wiley Rein LLP (February 2010 Issue; Page[s] 30A)
...offices also observe and, as appropriate, participate in CFIUS's activities: the Office of Management and Budget, the Council of Economic Advisers, the National Security Council, the National Economic Council and the Homeland Security Council. ... |
| 9. | Honest Services Fraud And Antitrust: Will The Supreme Court Rewrite The Rules For "Competition Crimes"? J. Brady Dugan and Mark J. Botti
Akin Gump Strauss Hauer & Feld LLP (February 2010 Issue; Page[s] 27)
...that Black essentially stole this money from Hollinger; Black asserted that the money represented management fees owed to him and that the payment was characterized as part of a noncompete agreement in order to receive favorable tax treatment in Canada. ... |
| 10. | When Competition Can't Kill: Building And Maintaining An Effective Antitrust Compliance Program Seth M. Cohen
Zurich Financial Services (February 2010 Issue; Page[s] 26)
..."antitrust" strikes fear in the hearts of those in the corporate world, both here and abroad. For management, fear could involve a massive fine, levied by the United States Department of Justice (DOJ), eating away the bottom line and damaging the company's reputation. ... |
| 11. | Emerging Market Private Equity: How To Find Light At The End Of The Tunnel Mark E. Thompson and Benjamin R. Newland
King & Spalding LLP (February 2010 Issue; Page[s] 25)
...went from five in 2003, to 17 in 2005, to 28 in 2007. Cumulative private equity assets under management in the GCC saw a similar spike, from $4.8 billion in 2005 to $19.6 billion in 2008. ... |
| 12. | Private Equity:Shaken, Not Broken Douglas P. Warner and Michael E. Weisser
Weil, Gotshal & Manges LLP (February 2010 Issue; Page[s] 24)
...Many sponsors seconded employees full time to portfolio companies with a view to both strengthening management and also to focus on add-on acquisitions. Conversely, many sponsors focused on changes in management and strategy at distressed portfolio companies. ... |
| 13. | The IP Legal Landscape In 2010 The Editor interviews Peter Devlin, President of Fish & Richardson P.C. (February 2010 Issue; Page[s] 23)
...for corporate directors and officers who do not adequately fulfill their duty to oversee the management of the corporation's intangible assets. Fish has created a program, called RISC/return, to help corporate managers implement best practices that can increase the return on the company's R&D investment, while minimizing the risk of catastrophic liability for the corporation and its managers when something goes wrong. ... |
| 14. | New Rules: SEC Approves Enhanced Compensation & Governance Disclosures For 2010 Proxy Season - Part I Public Company Advisory Group
Weil, Gotshal & Manges LLP (February 2010 Issue; Page[s] 18)
...
Reporting of Voting Results
Compensation Policies and Practices as Related to Risk Management
Valuation of Equity Awards
Fees Paid to Compensation Consultants and Potential Conflicts
The SEC's original July 2009 proposal included amendments regarding proxy solicitation procedures. ... |
| 15. | The Renewed Focus On Compensation Committees: A Push For True Independence David E. Rubinsky and Jason R. Ertel
Willkie Farr & Gallagher LLP (February 2010 Issue; Page[s] 17)
...by members of Congress, government officials, and industry leaders alike, independence from management is an essential characteristic for a compensation committee if it is to be well positioned to deal with this increased pressure and fulfill its duties to its constituents - the shareholders.
As discussed below and as reflected in recent draft legislation in response to the financial crisis - and notwithstanding a director's purported independence for purposes of federal securities laws, listing exchange requirements, and other reasons - a compensation committee must have ready access to the independent advice of competent legal counsel and other compensation advisors in order to equip itself with the tools necessary for considering effectively and making prudent determinations regarding complex compensation issues.
The Regulatory And Legislative Push
In July 2009, the Treasury Department delivered to Congress proposed legislation - the Investor Protection Act of 2009 (the "Treasury Legislation") - which is aimed at making the financial system more fair to consumers and investors. ... |
| 16. | Law And Technology Combine For Cost-Effective E-Discovery The Editor interviews Scott M. Cohen, Director of Practice Support, Proskauer Rose LLP. (February 2010 Issue; Page[s] 16)
...the e-discovery process without incurring sanctions?
Cohen: Yes, we have. We have taken a project management-oriented approach to electronic discovery. Central to that approach is understanding the requirements of every case coupled with management and control techniques that have been successfully utilized by industry for years to control large projects with lots of moving pieces - which is exactly what e-discovery is. ... |
| 17. | Expert Guidance On Controlling Legal Costs (February 2010 Issue; Page[s] 10)
... The 81 chapters in the treatise cover all aspects of corporate law department operations and management, 30 substantive law subjects, and all aspects of the relationships between inside and outside counsel. ... |
| 18. | Controlling Litigation Costs Steven P. Caley Kelley Drye & Warren LLP (February 2010 Issue; Page[s] 08)
...exceptional; indeed, in most cases, a required daily call would likely constitute unnecessary micro-management, wasting the time of both in-house and outside counsel. ... |
| 19. | Capture: Expediting Outsourcing And Saving Legal Costs The Editor interviews Alexander Hamilton, Partner in the London office of Latham & Watkins LLP. (February 2010 Issue; Page[s] 07)
...departments, finance and accounting, procurement, computer support, software development, building management - basically anything that a company does but which it doesn't consider is a "core" activity, can be outsourced. ... |
| 20. | DuPont Legal Shares The Secrets Of Its Success The Editor interviews Andrew L. Schaeffer and Gerald F. Deery, DuPont. (February 2010 Issue; Page[s] 06)
...and matter conflict resolution. His operational responsibilities included litigation budget management, supervising DuPont Legal's e-discovery team, overseeing legal technology initiatives, and briefing DuPont's outside auditors and Company management on litigation matters to facilitate compliance with Sarbanes-Oxley. ... |
| 21. | Federal Communications Commission Proposes "Network Neutrality" Rules Intended To Preserve A Free And Open Internet
John J. Heitmann
Kelley Drye & Warren LLP
(January 2010 Issue; Page[s] 24)
...it likely happens less now than ever before. That is because network operators must use "network management" practices to ensure that limited resources are used in a manner that meets customer expectations. ... |
| 22. | 2010's Hottest Topics For Corporate Counsel
(January 2010 Issue; Page[s] 33)
...Drye & Warren LLP in New York.
The 81 chapters cover all aspects of corporate law department management and operations, 30 substantive law subjects, and all aspects of the relationships between inside and outside counsel. ... |
| 23. | Social Networking Policies: Best Practices For Companies
Steven C. Bennett
Jones Day (January 2010 Issue; Page[s] 23)
....
Companies should incorporate Web 2.0 technologies into their existing information and document management policies. A team approach to policy formation, including representatives of all affected constituencies (legal, records, risk management, IT, business units and others) is essential. ... |
| 24. | Mission Matters In Information Management Programs
Donna Vitalie, Maura Dunn, Robert Kirtley and Lee Karas
Duff and Phelps, LLC (January 2010 Issue; Page[s] 21)
...serves as a foundation for successful corporate strategies. It can do the same for the information management strategy of your business.
In the traditional information management model, a business determines whether it will keep information only long enough to meet its basic legal obligations, or whether the rewards for keeping records longer exceed the costs of storage and backup as well as the risk of potential future discovery costs. ... |
| 25. | What Will It Take To Make Non-Hourly Pricing A Real Fee Alternative?
Glen Silverstein and Joshua K. Leader
Leader & Berkon LLP (January 2010 Issue; Page[s] 18)
...from the General Counsel Roundtable ("GCR") revealed that seven of the top ten outside counsel management practices with the highest return on investment were alternative fee arrangements. ... |
| 26. | RiskMetrics/ISS Issues Policy Updates For 2010 Proxy Season:
Expect More Negative Vote Recommendations In Uncontested Director Elections Public Company Advisory Group
Weil, Gotshal & Manges LLP (January 2010 Issue; Page[s] 16)
...Proposals
RiskMetrics has updated its policy on evaluation of executive compensation so that management proposals to approve executive compensation that have been included on the ballot at companies that have implemented a "say-on-pay" will become the primary communications vehicle for shareholders to initially address problematic pay practices. ... |
| 27. | New Rules: SEC Approves Enhanced Compensation & Governance Disclosures for 2010 Proxy Season
Public Company Advisory Group
Weil, Gotshal & Manges LLP (January 2010 Issue; Page[s] )
...
Reporting of Voting Results
Compensation Policies and Practices as Related to Risk Management
Valuation of Equity Awards
Fees Paid to Compensation Consultants and Potential Conflicts
The SEC's original July 2009 proposal included amendments regarding proxy solicitation procedures. ... |
| 28. | UT To Host Corporate Counsel Institute (March 2010 Issue; Page[s] 49S)
...antitrust: a midstream review; intellectual property: top 10 focus items; enterprise risk management and the practice of preventive law; and a federal regulations overview. ... |
| 29. | DELVACCA Offers Advice To
New In-house Lawyers (March 2010 Issue; Page[s] 51A)
|
| 30. | Georgetown Law and ACC Examine Corporate Legal Concerns Under Obama
(March 2010 Issue; Page[s] 51A)
...and in-house counsel include Mathew Allen, global practice leader, Enterprise Risk Consulting Management, Marsh; Kathleen T. Barlow, vice president, Marsh; Robert E. ... |
| 31. | Norris McLaughlin Discusses LSRP Program In New Jersey (March 2010 Issue; Page[s] 51)
|
| 32. | CO Seminar Focus: Preventing Legal Malpractice (February 2010 Issue; Page[s] 45S)
...will present Cases from the Crypt (an interesting case law update), followed by Risk Management and Ethical advice by Gawain Charlton-Perrin, a risk consultant attorney with CAN Global Specialty Lines. ... |
| 33. | Medical Liability and Health Care Law Explored
In Arizona Seminar (January 2010 Issue; Page[s] 38S)
...credentialing cases; what to do when selecting a jury from an adverse pool; and the ethical management of former clients, experts, and co-defendants in healthcare litigation.
Among the faculty are Roy A. ... |
| 34. | Using Mediation To Resolve International Disputes (January 2010 Issue; Page[s] 40A)
|
| 35. | 21st Century Issues - The Federal Rules Need Updating Jeffrey W. Jackson, Daniel E. Troy, Timothy A. Pratt, Carla Powers Herron, Edward Miller (February 2010 Issue; Page[s] 01)
...at this. Others, less so. Our system of justice should train judges on effective discovery management.
In addition to managing discovery, judges can make a difference by managing cases well. ... |
| 36. | Letter From The President Of The Connecticut Chapter Of The Association Of Corporate Counsel
(January 2010 Issue; Page[s] 38)
...supporting firms, Anderson Kill & Olick, P.C., presented "Emerging Legal issues in Insurance Risk Management," also at The Hartford Club. Issues discussed included D&O and professional liability policies, how to settle lawsuits without forfeiting coverage, anti-concurrent causation clauses, coverage for property and business interruption claims, and new developments in the law of product liability claims. ... |
| 37. | Sills Attorney Named To Adjunct Faculty At NYU (March 2010 Issue; Page[s] 16)
...and will serve as the Chairperson of its Facilities and Risk Management Committee.
Students 2 Science is a non-profit organization designed to inspire, motivate, and educate students to pursue career opportunities in the fields of science, technology, engineering, and math. ... |
| 38. | CaseCentral Announces eDiscovery Connector (March 2010 Issue; Page[s] 15)
...
Many IT and legal departments already use Symantec Enterprise Vault to meet Information Management and Preservation needs, and use Symantec Discovery Accelerator to extend the search functionality of Enterprise Vault's email and file archiving software. ... |
| 39. | Managing The Law Department With A Tighter Budget: How Integrating Legal Research And Litigation Tools Improves Risk Management Craig Bennett
LexisNexis (July 2009 Issue; Page[s] 40)
...health of a corporation. As a result, corporate executives are increasingly expecting a project management-style approach from their in-house legal departments when it comes to their oversight of the litigation portfolio.
At LexisNexis, we are now seeing a surge of interest among corporations interested in putting processes in place to gain greater control and insight early and throughout the litigation process. ... |
| 40. | The Art Of Repurposing Technology To Satisfy Risk Management And Compliance Objectives
Jason Robman
Recommind Inc. (June 2009 Issue; Page[s] 24)
...first general area of technology is enterprise search, where many enterprise's knowledge or records management teams have implemented or are in the process of evaluating enterprise search applications to help their employees find the right information quickly. ... |
| 41. | The Secrets To Good Risk Management The Editor interviews John P. Fodera, Partner in the Internal Audit and Risk Management Group, Eisner LLP. (June 2009 Issue; Page[s] 15)
...
Fodera: I am an audit partner in the Internal Audit and Risk Management group of Eisner LLP. We help companies assess the effectiveness and efficiency of related organizational practices and core business operations. ... |
| 42. | Repowering The Grid - Sustainable Legal, Regulatory And Risk Management Strategies
Edward Malley
TRC Companies, Inc. (April 2009 Issue; Page[s] 26)
|
| 43. | Enterprise Risk Management Provides Protection Against S&P Credit Rating Downgrade
James E. Bowers
Day Pitney LLP (February 2009 Issue; Page[s] 32)
...ERM analysis into the credit-rating process for nonfinancial companies.1 While senior management and boards of directors are generally aware of ERM, implementation of holistic risk-management processes has been tepid and uneven. ... |
| 44. | Fraud Risk Management Takes Center Stage Paul Sachs and Robert Hirth Jr. Protiviti Inc. (November 2009 Issue; Page[s] 31)
...the global financial crisis, fraud risk has garnered much of the attention paid to enterprise risk management. Fear of a financial restatement has motivated many companies to look more closely at fraud, and boards and management have become more inquisitive about fraud risks and the controls in place. ... |
| 45. | The Board's Role In Risk Management - Lessons Learned From The Financial Crisis Bill Baxley, Anne Cox and Bettina Tobben
King & Spalding LLP (September 2009 Issue; Page[s] 18)
...in ways not seen in many decades and has had a profound impact on corporate governance and risk management. Indeed, one group of institutional investors with $9.5 trillion in assets under management, has claimed, "[i]t is now widely agreed that corporate governance failings were not the only cause of the crisis but they were highly significant, above all because boards failed to understand and manage risk and tolerated perverse incentives."1
This article examines the changing role of the board in light of the recent financial crisis and draws, among other things, upon the insights from the Lead Director Network2 . ... |
| 46. | Minimizing Risk Through Streamlined Contract Management Processes - Part II The Editor interviews contract management expert Sandra Levy, Legal Process Consultant, CPA Global Services. (January 2009 Issue; Page[s] 18)
...that's broken, such as lack of processes or procedures in place to best facilitate a good contract management flow? Perhaps part of the solution is to better streamline contract creation by using a technology that can help with contract generation. ... |
| 47. | 2010 Litigation Support And eDiscovery Trends
Bob Tennant
Recommind (December 2009 Issue; Page[s] 29)
...Changes in technology combined with the corporate demand for more cost effective discovery management are changing the dynamics of the market for litigation services.
Law firms will also require eDiscovery platforms to provide quality assurance, process documentation, reporting, security and auditing to support their investment and ensure that their eDiscovery program is repeatable and defensible. ... |
| 48. | What's The Big Deal About Search? Theodore Sedgwick Barassi
Symantec Corporation
(November 2009 Issue; Page[s] 17)
...of testing done and prepare to defend that as a reasonable threshold.
Search And Information Management
Finally, it is worth mentioning that the best way to limit the risks and challenges associated with searching massive quantities of discoverable yet irrelevant content is to proactively reduce the information being created and stored. ... |
| 49. | Investment Management Compliance Update: Placement Agents Under Fire
R. Scott Beach, James E. Bowers and Shawn T. Wooden
Day Pitney LLP (October 2009 Issue; Page[s] 09)
... On a related note, The Carlyle Group and Riverstone Holdings LLC, two significant private equity management firms formerly represented by a placement agent, have paid $20 million and $30 million respectively to settle investigations by the New York Attorney General's Office. ... |
| 50. | The Power Of Automated Categorization Technology: How To Handle Information That Is Here Today, Here Tomorrow Jason Robman Recommind Inc. (September 2009 Issue; Page[s] 36)
...documents every day, in the process greatly improving the speed and the quality of information management.
Information Governance As The Driver
With all companies experiencing growing volumes of electronic content, information governance has become a strategic imperative for enterprises. ... |