http://www.gcconsulting.com General Consel Consulting Job Search RSS Feed en-gb 2006 GCC. All rights reserved. admin@gcconsulting.com mihir@bcgsearch.com Sun, 05 Feb 2012 02:03:01 CST http://www.gcconsulting.com/feeds/gccrssfeedjob.php 60 Over the past several years wellness programs have found their way into various companies across the United States. Such programs, geared toward getting employees healthy in order to cut insurance costs, are known to reward employees for participating and sanction them for refusing to do so. This new corporate attitude has generated concern about employers' roles in their employees' personal lives and is predicted to result in future discrimination and privacy lawsuits. http://www.gcconsulting.com/articles/120226/73/The-Legal-Ramifications-Associated-with-Forced-Wellness-Programs gcc1 Tue, 11 Dec 2007 06:00:00 GMT Following a $188 million verdict that was awarded to Wal-Mart employees in October 2006 when the company was found guilty of failing to pay them for work they performed off the clock, a Philadelphia judge has now told the retailer that it must also pay $45.7 million in attorney fees. In addition to the $45.7 million, which denotes 31% of the plaintiffs†monetary award, Wal-Mart is also responsible for covering $3.6 million in expenses as well as $10 million in prejudgment interest. http://www.gcconsulting.com/articles/120224/73/Wal-Mart-Class-Action-Earns-Plaintiffs-Attorneys-45-7-Million gcc2 Tue, 04 Dec 2007 06:00:00 GMT With the invention of computers and email, communication became not only much easier but also much more confusing. The typical boundaries that existed in oral communication did not (and still do not) apply to the electronic realm. As a result, a lack of understanding of the true consequences of email is sending businesses and employees into a litigation tailspin as emails are now being used against them in the heat of legal battle. http://www.gcconsulting.com/articles/120222/73/Step-Away-from-the-Keyboard gcc3 Tue, 27 Nov 2007 06:00:00 GMT At least once in everyone†s life there comes a time when a decision is made purely on emotion. Whether it involves agreeing to see the ex-boyfriend or ex-girlfriend even though you know you really shouldn†t, buying those expensive but fabulous stiletto heels, or eating that dessert after already indulging in a four- or five-course meal, sometimes you just let your brain take a break while your heart takes over. http://www.gcconsulting.com/articles/120219/73/Emotion-in-the-Court gcc4 Tue, 06 Nov 2007 06:00:00 GMT In yet another intriguing turn of events in the four-year-long saga involving Westar Energy Inc. and two of its former executives, Westar, the largest electric-energy provider in Kansas, was recently denied a request to delay payment of its former embattled executives' legal fees. http://www.gcconsulting.com/articles/120217/73/Westar-s-Fee-Delay-Request-Denied-by-10th-Circuit gcc5 Tue, 30 Oct 2007 05:00:00 GMT The battle between employers and employees has been a long and arduous one, and thanks to changes in several state laws, the battle is once again heating up. With the recent additions of Maryland and Illinois, 40 states have now passed legislation that will allow employees to sue their employers for discrimination with the case being heard in state court. http://www.gcconsulting.com/articles/120215/73/Discrimination-Claims-Now-Heard-in-State-Court gcc6 Tue, 23 Oct 2007 05:00:00 GMT In July, Eastern Michigan University General Counsel Kenneth McKanders, along with three other school officials, was reprimanded for failing to comply with the Clery Act during an incident on campus last December. While McKanders was merely disciplined, the school's president was fired, and the vice president and security chief gave notice for ''separations,'' according to Law.com. http://www.gcconsulting.com/articles/120211/73/General-Counsel-for-Eastern-Michigan-University-Disciplined gcc7 Tue, 02 Oct 2007 05:00:00 GMT This month, Larry D. Thompson, senior vice president of government affairs, general counsel, and secretary of PepsiCo, was a guest speaker at this year's Federal Bar Association (FBA) annual meeting and convention held in Atlanta. http://www.gcconsulting.com/articles/120209/73/Larry-D-Thompson-General-Counsel-for-PepsiCo-Speaks-to-FBA gcc8 Mon, 24 Sep 2007 05:00:00 GMT Lisa C. Berry, former general counsel of KLA-Tencor Corporation and Juniper Networks, Inc., is under fire for allegedly backdating stock option grants. According to a press release from the U.S. Securities and Exchange Commission (SEC), the Bay Area former general counsel has been charged with backdating for the two companies from 1997 to 2003. http://www.gcconsulting.com/articles/120208/73/Fraud-Charges-Filed-Against-Former-General-Counsel gcc9 Mon, 17 Sep 2007 05:00:00 GMT September 1 marked the beginning of a new era for Richard H. Anderson and Delta Air Lines, Inc. Succeeding retiring CEO Gerald Grinstein, Anderson took the reins as chief executive officer of the company. http://www.gcconsulting.com/articles/120206/73/Former-GC-is-Delta-Air-Lines-New-CEO gcc10 Mon, 10 Sep 2007 05:00:00 GMT Tuesday, August 28, it was announced that David Carmichael, general counsel for Pacific Life Insurance Company, will be replaced by Sharon Cheever. Effective January 1, 2008, Cheever will replace Carmichael, who will be retiring after working for the company for 30 years, according to a press release from Pacific Life. http://www.gcconsulting.com/articles/120204/73/Pacific-Life-Insurance-Company-s-General-Counsel-to-Retire-after-30-Years-of-Service gcc11 Mon, 03 Sep 2007 05:00:00 GMT Whole Foods Market, Inc., and Wild Oats Markets, Inc., are scheduled to close their merger on Monday, August 20, after 12 noon, Eastern Standard Time. This $700 million deal between the rival natural and organic grocers has caused quite the controversy ever since the two made plans in February of this year for Whole Foods to buy out Wild Oats at a purchase price of $18.50 per share in cash. http://www.gcconsulting.com/articles/120203/73/Whole-Foods-Market-Inc-Scheduled-to-Merge-with-Wild-Oats-Markets-Inc gcc12 Mon, 27 Aug 2007 05:00:00 GMT Nike, Inc., is now $7.6 million poorer, thanks to a recent settlement in a race discrimination lawsuit filed against the company. The class action lawsuit was filed against the athletic-apparel conglomerate on behalf of 400 current and former black employees who worked at Niketown in Chicago from 1999 to the present. http://www.gcconsulting.com/articles/120202/73/Nike-Settles-Lawsuit-to-the-Tune-of-7-6-Million gcc13 Mon, 13 Aug 2007 05:00:00 GMT What do the world's leading manufacturer of construction and mining equipment and a nonprofit organization formed to help the country of Malawi have to do with the legal profession? Plenty if you are Michael Hurst, Caterpillar, Inc.'s in-house intellectual property lawyer. Hurst is just one of the many Caterpillar, Inc., employees to get involved with the manufacturer's new pro bono program that began in November 2006. http://www.gcconsulting.com/articles/120200/73/Caterpillar-Inc-Lawyers-Offer-Pro-Bono-Services-to-Nonprofit-Organization gcc14 Mon, 06 Aug 2007 05:00:00 GMT Usually when a large company faces a lawsuit, the suit isn't filed by one of its top in-house attorneys. But that's exactly what General Electric Co., the world's second-largest company, is dealing with. http://www.gcconsulting.com/articles/120198/73/In-House-Attorney-Files-Sex-Bias-Lawsuit-against-General-Electric-Company gcc15 Mon, 30 Jul 2007 05:00:00 GMT Global warming and its companion, environmental pollution, have been heavily discussed in the media recently. From scientists releasing doomsday reports to Al Gore's astonishing success at the box office with An Inconvenient Truth to the recent "Live Earth" concert to promote awareness of and create a solution for the global climate crisis, there seems to be no sign of the topic getting lost in America's, or the world†s, consciousness. http://www.gcconsulting.com/articles/120197/73/New-Jersey-Seeking-to-Recover-Damages-for-Polluted-Sites gcc16 Mon, 23 Jul 2007 05:00:00 GMT In recent weeks, the House of Representatives has demonstrated its desire for the Securities and Exchange Commission to further postpone internal regulations associated with the Sarbanes-Oxley Act, most clearly by voting to prolong the exemption of small businesses through 2008. It should be noted that businesses with less than $75 million in market capitalization fall into the small-company category. http://www.gcconsulting.com/articles/120196/73/SOX-Exemption-Extended gcc17 Mon, 16 Jul 2007 05:00:00 GMT Immigration has undoubtedly been a hot topic in the United States recently, and it seems there are no signs of the subject becoming any less controversial in the near future. As Congress continues to struggle over immigration reform, lawsuits filed by immigrants alleging violations of the EEOC continue to rise. http://www.gcconsulting.com/articles/120193/73/English-Only-Workplace-Policies gcc18 Mon, 02 Jul 2007 05:00:00 GMT Following the surging trend of employees filing lawsuits against their employers, employers have yet another reason to be wary: 401(k) plans. Recently, fees associated with 401(k) plans have come under close scrutiny and are resulting in mounting lawsuits against small and large corporations alike. http://www.gcconsulting.com/articles/120189/73/401-k-Fee-Suits-on-the-Rise gcc19 Mon, 18 Jun 2007 05:00:00 GMT Attention, American corporations: you can now breathe a sigh of relief. The Supreme Court, in a 5-to-4 vote, has drastically altered the landscape of Title VII lawsuits. On May 29, claims that allege discrimination based on gender or race will have their statue of limitations drastically altered; henceforth, the claimant must proceed with legal action, if he or she chooses to do so, within 180 days of the alleged incident. Previously, a claimant had to act within 180 days of his or her last paycheck. http://www.gcconsulting.com/articles/120187/73/EEOC-Claim-Filing-Limits-Altered-by-Supreme-Court gcc20 Mon, 11 Jun 2007 05:00:00 GMT Although everyone is familiar with the stories of underpaid workers who struggle to make a living throughout the country (many of which involve immigrants), the past several years have seen the story take an interesting turn. More and more underpaid workers, irrespective of legal status, are beginning to file lawsuits against their employers alleging breaches of the Fair Labor Standards Act. Between 2000 and 2006, cases have increased by more than 100%, ballooning from 1,854 to 4,389. http://www.gcconsulting.com/articles/120185/73/Underpaid-Worker-Lawsuits-Increase gcc21 Mon, 04 Jun 2007 05:00:00 GMT The Tyco International, Ltd.-shareholder class action suit that began five years ago when various executives, including the CEO, were believed to have plundered the company and misled the public about its true worth has reached a tentative $2.975 billion settlement. When and if the settlement is finalizedâ€"it still must be sanctioned by U.S. District Judge Paul J. Barbadoro, as well as the largest investorsâ€"it will represent the largest payment by a corporation in a securities fraud case. http://www.gcconsulting.com/articles/120183/73/2-9-Billion-Settlement-Reached-in-Tyco-Case gcc22 Mon, 28 May 2007 05:00:00 GMT Three former and current executives of Purdue Pharma, LP, the maker of OxyContin, pled guilty to misdemeanor charges of drug misbranding on May 10, acknowledging that they deceived consumers about the risks associated with the drug. Michael Friedman, the company's president, Howard Udell, Purdue's principal lawyer, and Paul Goldenheim, the company's former chief medical officer, will pay $634.5 million in fines for alleging that OxyContin had a lower incidence of abuse and addiction than the drug's competitors, according to United States Attorney John Brownlee. http://www.gcconsulting.com/articles/120181/73/OxyContin-Manufacturer-Executives-Plead-Guilty-to-Drug-Misbranding gcc23 Sat, 19 May 2007 05:00:00 GMT Employers know that it is illegal to discriminate against employees, or potential employees, on the basis of gender, yet there has been an increase in the number of lawsuits filed against companies where employees claimed they were discriminated against based on family caregiving responsibilities. Although such claims have existed since the 70s, the number of cases filed throughout the United States has increased by 400% since 1996. http://www.gcconsulting.com/articles/120179/73/Family-Responsibilities-Discrimination-Claims-Increase gcc24 Mon, 14 May 2007 05:00:00 GMT The United States Chamber of Commerce, on behalf of its affiliate, the U.S. Chamber Institute for Legal Reform, recently released the 2007 State Liability Systems Ranking Study. The study surveyed 1,599 in-house general counsel and corporate senior litigators to determine how fair business organizations feel each state's tort-liability system is. According to the results, California, and Los Angeles and San Francisco in particular, are believed to have tort systems that unfairly favor plaintiffs at the expense of corporations. http://www.gcconsulting.com/articles/120177/73/U-S-Chamber-of-Commerce-Releases-State-Liability-Systems-Ranking-Study gcc25 Mon, 07 May 2007 05:00:00 GMT On April 16, the California Supreme Court ruled on a hotly contested issue among employers and employees regarding the time frame in which an employee can recoup his or her "additional hour of pay" for missed meal and rest breaks. http://www.gcconsulting.com/articles/120175/73/California-Supreme-Court-Rules-on-Wage-Claims gcc26 Mon, 30 Apr 2007 05:00:00 GMT On April 10, Merisant Company, maker of Equal and NutraSweet, argued in a Philadelphia federal district court that McNeil Nutritionals, maker of Splenda, deliberately deceived consumers with the tagline "Made from sugar, so it tastes like sugar" and related advertising sending the message that Splenda is natural and made from sugar, which they contend it is not. http://www.gcconsulting.com/articles/120173/73/In-Court-Splenda-and-Equal-Battle-over-Advertising-Profits-and-Market-Share gcc27 Mon, 23 Apr 2007 05:00:00 GMT Recently, pharmaceutical companies have come under fire for allegedly employing a practice known as http://www.gcconsulting.com/articles/120170/73/Drug-Companies-and gcc28 Mon, 16 Apr 2007 05:00:00 GMT On March 27, the United States Supreme Court heard oral arguments for Credit Suisse Securities v. Billing, the IPO antitrust case whose outcome will greatly impact the future of Wall Street, investments, and the manner in which companies are offered for sale to the public. http://www.gcconsulting.com/articles/120167/73/Supreme-Court-Hears-IPO-Antitrust-Case gcc29 Mon, 09 Apr 2007 05:00:00 GMT Reflecting a recent surge in class-action overtime litigation, another wave of lawsuits is being filed across the country by pharmaceutical representatives. Drug salespeople have filed suit against prominent drug companies seeking compensation for overtime they believe they should have received but were never paid. http://www.gcconsulting.com/articles/120165/73/Salespeople-Sue-for-Overtime-Pay gcc30 Mon, 02 Apr 2007 05:00:00 GMT On March 13, Viacom, Inc., parent company of such cable mainstays as MTV, VH1, and Comedy Central, sued YouTube and its parent company, Google, for more than $1 billion, claiming copyright infringement. This is the latest development in a long-standing battle between the two companies as they have sparred over the use of clips shown on the popular video-sharing website. In addition to its request for substantial monetary damages, Viacom is also hoping to obtain an injunction that would prohibit all Viacom clips from being posted on YouTube or Google. http://www.gcconsulting.com/articles/120161/73/Viacom-Sues-YouTube gcc31 Mon, 26 Mar 2007 05:00:00 GMT On Thursday, March 8, an Alexandria, VA, jury found that Vonage was infringing upon three Verizon Communications, Inc., patents, forcing the voice-over Internet protocol (VoIP) telephone provider to pay $58 million in damages as well as potential royalties to Verizon if it continues to utilize the corporation's technology. Vonage has said it will appeal the verdict. http://www.gcconsulting.com/articles/120158/73/Verizon-Wins-Infringement-Suit-Vonage-to-Appeal gcc32 Mon, 19 Mar 2007 05:00:00 GMT Google, Inc.'s YouTube has reached a partnership agreement with the British Broadcasting Corporation (BBC) and BBC Worldwide. The deal, which represents the first agreement between the video-sharing site and an international broadcaster, will allow YouTube to broadcast various clips from BBC news and entertainment outlets. http://www.gcconsulting.com/articles/120154/73/YouTube-BBC-Reach-Partnership-Agreement gcc33 Mon, 12 Mar 2007 05:00:00 GMT A $5 million lawsuit filed against IBM by a former employee who was terminated because he entered an adult chat room while at work has once again come to the legal forefront. James Pacenza, a 58-year-old Vietnam veteran who operated an East Fishkill, NY, machine plant that produced computer chips for the company, claims that he is addicted to the Internet and that, rather than firing him, IBM should have attempted to treat his disorder. http://www.gcconsulting.com/articles/120152/73/Sex-Addict-Fired-by-IBM-Sues-for-5-Million gcc34 Mon, 05 Mar 2007 06:00:00 GMT Samsung Electronics Co., the world's largest memory-chip maker, has agreed to pay $90 million to settle a lawsuit filed by a coalition of state attorneys general who say that it used illegal price-fixing tactics to drive up the cost of computer memory chips. http://www.gcconsulting.com/articles/120147/73/Samsung-to-Pay-90-Million-in-Price-Fixing-Lawsuit gcc35 Mon, 19 Feb 2007 06:00:00 GMT Viacom, Inc., which owns MTV, VH1, Comedy Central, and Paramount Pictures, has demanded that YouTube take down more than 100,000 unauthorized videos from its hugely popular video-sharing site. Viacom made the request after failing to reach a distribution agreement with YouTube and its corporate parent, Google, Inc. http://www.gcconsulting.com/articles/120144/73/Media-Conglomerate-Demands-That-YouTube-Remove-Unauthorized-Videos gcc36 Mon, 12 Feb 2007 06:00:00 GMT Wal-Mart Stores, Inc., will pay more than $33 million in back wages to thousands of employees after turning itself in to the Labor Department for paying too little overtime over the past five years, according to an agreement announced by the U.S. Department of Labor. http://www.gcconsulting.com/articles/120141/73/Wal-Mart-to-Pay-More-Than-33-million-to-Employees-in-Back-Wages gcc37 Mon, 05 Feb 2007 06:00:00 GMT The Senate Finance Committee recently approved legislation that will place a $1-million annual limit on the amount a highly paid executive can place tax-free into a deferred compensation plan and make it more difficult for individuals to protect their compensation from creditors in bankruptcies. http://www.gcconsulting.com/articles/120138/73/Growing-Complaints-against-Highly-Paid-Executives-Compel-the-Senate-Finance-Committee-to-Approve-Limit-on-Executive-Compensation-Plans gcc38 Mon, 29 Jan 2007 06:00:00 GMT Accenture, one of the world's largest consulting firms, is pushing its outside counsel to add more diversity to their firms and is prepared to drop those who don't make efforts to improve. http://www.gcconsulting.com/articles/120135/73/Consulting-Giant-Demands-Diversity-among-Outside-Counsel gcc39 Mon, 22 Jan 2007 06:00:00 GMT What is it about going in-house that seems to increasingly draw attorneys from law firms to in-house legal departments? According to a recent survey by NALP, the attrition rate for experienced attorneys with about five years of experience jumped dramatically, from 60 percent in 2000 to 78 percent in 2005. A BCG Attorney Search survey concluded that approximately 80 percent of attorneys actively seeking positions were interested in in-house opportunities. http://www.gcconsulting.com/articles/120132/73/Attorneys-Seeking-Greener-Pastures-In-House gcc40 Mon, 15 Jan 2007 06:00:00 GMT Real estate attorneys are adopting more deal-making skills characteristic of their corporate counterparts, according to an article in the National Law Review. Real estate attorneys say clients that are buying and selling high-dollar, multi-property assets increasingly want a lawyer who not only understands how to access properties, but who can also play a role in crafting a transaction. http://www.gcconsulting.com/articles/120129/73/Real-Estate-Attorneys-Play-Bigger-Role-in-Corporate-Deal-Making gcc41 Mon, 08 Jan 2007 06:00:00 GMT What is it about going in-house that seems to increasingly draw attorneys from law firms to in-house legal departments? According to a recent survey conducted by NALP, the attrition rate for experienced attorneys with about five years of experience jumped dramatically from 60% in 2000 to 78% in 2005. http://www.gcconsulting.com/articles/120126/73/Attorneys-Seeking-Greener-Pastures-In-House gcc42 Mon, 01 Jan 2007 06:00:00 GMT As new accounting rules go into effect for public employers, lawyers can expect an influx of legal work.The new disclosure rules require public employers to report the amounts of money they owe in post-employment benefits, including healthcare, life insurance, and dental coverage costs, for their current and future retired workers. In addition, employers will have to disclose how they plan to pay for benefits. http://www.gcconsulting.com/articles/120121/73/New-Disclosure-Rules-for-Public-Employers gcc43 Mon, 18 Dec 2006 06:00:00 GMT On December 1, amendments to the Federal Rules of Civil Procedure (FRCP) relating to e-discovery went into effect.After a five-year review, the Supreme Court approved the changes, which require companies and other parties involved in federal litigation to provide electronically stored information as part of the discovery process, during which both sides of a case share evidence before trial. http://www.gcconsulting.com/articles/120118/73/New-E-Discovery-Rules-Take-Effect gcc44 Mon, 11 Dec 2006 06:00:00 GMT Frustration is brewing for many general counsel, as new licensing laws are being approved in more states. Abiding by the new rules, which require lawyers to obtain limited licenses to practice in states in which they have not been admitted to the bar, can be costly and time-consuming.The American Bar Association developed the new rules because it is increasingly common for lawyers to relocate to different states when changing jobs. http://www.gcconsulting.com/articles/120114/73/General-Counsel-Frustrated-with-Licensing-Rules gcc45 Mon, 04 Dec 2006 06:00:00 GMT Frustration is brewing for many general counsel, as new licensing laws are being approved in more states. Abiding by the new rules, which require lawyers to obtain limited licenses to practice in states in which they have not been admitted to the bar, can be costly and time-consuming.The American Bar Association developed the new rules because it is increasingly common for lawyers to relocate to different states when changing jobs. http://www.gcconsulting.com/articles/120116/73/General-Counsel-Frustrated-with-Licensing-Rules gcc46 Mon, 04 Dec 2006 06:00:00 GMT Whether or not corporate cybercrime is escalating is unclear, but one thing is certain: companies are experiencing increased financial and operational losses from electronic crimes, according to a recent survey. CSO Magazine's third annual E-Crime Watch Survey was conducted in conjunction with Carnegie Mellon University's CERT Coordination Center, the United States Secret Service, and the Microsoft Corporation between July 2005 and June 2006. Survey questions focused on a wide range of security issues, including intellectual property theft, denial of service attacks, malicious code (such as worms and viruses), phishing, spam, website defacement, spyware, and theft of consumer records. http://www.gcconsulting.com/articles/120111/73/Cybercrime-Costly-for-Companies gcc47 Mon, 27 Nov 2006 06:00:00 GMT Law firms that have watched their attorneys move to in-house jobs with their clients traditionally have viewed such departures as an endorsement of their services and a way to re-enforce their connections with clients. But with legal business strong and talent in high demand, law firms these days are not so eager to say goodbye to some of their best lawyers, who often take junior attorneys with them. http://www.gcconsulting.com/articles/120108/73/Firms-losing-top-talent-to-clients gcc48 Tue, 21 Nov 2006 06:00:00 GMT In-house attorneys continue to make top dollar. Their base salaries have risen between 2.2% and 9.5% nationwide, according to a recent Altman Weil, Inc., survey.Altman Weil and LexisNexis Martindale-Hubbell of New Providence, NJ, collected data from 6,255 lawyers in 277 legal departments. Researchers compared lawyers' salaries and annual bonuses for March 1, 2005 to those for March 1, 2006. http://www.gcconsulting.com/articles/120106/73/Corporate-Counsel-Salaries-Soar gcc49 Mon, 20 Nov 2006 06:00:00 GMT Millions of Internet users post or read online blogs, and that number is slowly beginning to include in-house counsel.Of the 147 million Americans who use the Internet, about 57 million read blogs and 12 million write blogs, according to a 2006 Pew Internet & American Life Project survey. But blogging only recently became widespread. About 51% of all bloggers surveyed said they had been blogging for less than a year. http://www.gcconsulting.com/articles/120104/73/In-House-Counsel-Join-the-Blogosphere gcc50 Mon, 13 Nov 2006 06:00:00 GMT In the wake of corporate scandals, internal investigations into corporate practices are increasingly common, and with the rise in stock option backdating, they are likely to remain so. In order to avoid criminal charges, corporate counsel should take steps to ensure that investigations are carefully executed. http://www.gcconsulting.com/articles/120100/73/Execute-Internal-Investigations-Carefully gcc51 Mon, 06 Nov 2006 06:00:00 GMT Companies that employ illegal immigrants are increasingly facing fines and criminal charges. Last year, the U.S. Department of Homeland Security (DHS) announced the Secure Border Initiative, which calls for http://www.gcconsulting.com/articles/120096/73/GCs-Prepare-for-Increased-Immigration-Law-Enforcement gcc52 Thu, 26 Oct 2006 05:00:00 GMT The U.S. Securities and Exchange Commission (SEC) will hold an open meeting on December 13 to vote on proposals that would make delisting from U.S. stock exchanges easier for foreign companies and to clarify laws governing proxy fights.Currently, foreign companies that want to remove their securities from U.S. stock exchanges must have fewer than 300 U.S. shareholders. However, companies based overseas argue that the law is impractical because it is too difficult to verify the residency of such a specific number of shareholders. http://www.gcconsulting.com/articles/120093/73/The-SECs-December-Agenda gcc53 Wed, 18 Oct 2006 05:00:00 GMT Companies consistently backdate stock option grants, which may cost shareholders hundreds of millions of dollars, according to the findings of a recent study.Backdating, or misdating, is a process that allows corporate executives to increase their personal earnings at the expense of their shareholders. Researchers at the University of Michigan estimated that stock option backdating between 2000 and 2004 increased the average executive†s income by more than one-and-a-quarter percent, or about $600,000. http://www.gcconsulting.com/articles/120086/73/Backdating-stirs-up-controversy gcc54 Sat, 30 Sep 2006 05:00:00 GMT Arbitration has become increasingly popular in commercial contracts. In fact, most contracts now require arbitration, but there is also increasing controversy over whether it should take the place of court trials.Most arbitration disputes are heard by a panel of one to three arbitrators who are usually senior lawyers or retired judges. The arbitrators are neutral decision makers, and they are experts in the fields of law in dispute. http://www.gcconsulting.com/articles/120084/73/Arbitration-Gains-Popularity gcc55 Mon, 25 Sep 2006 05:00:00 GMT In today†s uncertain economic climate, lawyers are more reluctant to change positions, forcing recruiters to come up with innovative strategies to convince them to reenter the job market. http://www.gcconsulting.com/articles/120082/73/Recruiters-Face-New-Obstacles-in-an-Unstable-Marke gcc56 Fri, 15 Sep 2006 05:00:00 GMT Starting Dec. 1, in-house counsel will have to contend with the new e-discovery procedural rules detailed in the Federal Rules of Civil Procedure. http://www.gcconsulting.com/articles/120080/73/Prepping-for-E-Discovery-Changes gcc57 Fri, 08 Sep 2006 05:00:00 GMT Corporate Counsel continues its five-year-old tradition. After asking GCs at Fortune 250 companies to name their ‽primary” law firms in four key practice areas, the publication has released its survey results in an August report entitled ‽Who Represents America†s Biggest Companies.”The survey shows that competitive market prices are useless when trying to gauge who tops the list. Top outside counsel remain on top because of their ‽brands.” http://www.gcconsulting.com/articles/120075/73/Trends-in-Hiring-Outside-Counsel gcc58 Wed, 30 Aug 2006 05:00:00 GMT The corporate and legal communities received two shocks within the past month: first, when General Counsel Jeffrey Kindler became Pfizer, Inc.'s new CEO, and second, when General Counsel Paul Goldean became Scottish Re's new CEO.The uncanny similarities highlight the growing trend of GCs becoming CEOs. Although still relatively uncommon, analysts are beginning to acknowledge this role shift, rationalizing that a GC's legal background facilitates the running of public companies. http://www.gcconsulting.com/articles/120045/73/GCs-Moving-Up-the-Corporate-Ladder gcc59 Wed, 23 Aug 2006 05:00:00 GMT http://www.gcconsulting.com/articles/120046/73/SOX-Culprit-Behind-Increased-Delisting gcc60 Thu, 17 Aug 2006 05:00:00 GMT http://www.gcconsulting.com/articles/120047/73/The-SEC-Approves-New-Executive-Disclosure-Rules gcc61 Wed, 09 Aug 2006 05:00:00 GMT Stock options are a typical form of compensation in public companies. For Gregory L. Reyes, former CEO of Brocade Communications Systems, stock options gave him wealth, power, and, in a recent twist of fate, scandal. The Securities and Exchange Commission (SEC), the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) unveiled the criminal and civil securities fraud charges filed against Brocade's ex-CEO and former HR manager, Stephanie Jensen, on July 20. http://www.gcconsulting.com/articles/120048/73/Backdating-The-New-Securities-Fraud gcc62 Fri, 28 Jul 2006 05:00:00 GMT July 14 - Corporate Counsel released its annual report, documenting the 100 highest-paid general counsel at Fortune 500 companies. The list gathers information from the annual proxy statements that Fortune 500 companies file with the Securities and Exchange Commission. These proxies, which force top public companies to disclose the compensation of their five highest-paid executives, reveal that 196 general counsel ranked among the top-five earners in their respective companies in 2005. http://www.gcconsulting.com/articles/120049/73/Corporate-Counsel-Releases-GC-Compensation-Report gcc63 Thu, 20 Jul 2006 05:00:00 GMT Enron's former CEO, Kenneth Lay, died from a heart attack in Aspen, CO, on Wednesday, June 28.With Lay's passing, people have been scrambling to figure out what to expect next. There are many pending legal and financial matters that still need to be resolved. Many Securities and Exchange Commission (SEC) and civil cases are still pending. http://www.gcconsulting.com/articles/120051/73/Kenneth-Lay-s-Death-Stalls-Legal-Proceedings gcc64 Wed, 12 Jul 2006 05:00:00 GMT In a 9-0 decision on June 22, the Supreme Court significantly strengthened legal protection for employees who suffer workplace discrimination and harassment. The Court decision in Burlington Northern & Santa Fe Railway Company v. White upheld Title VII of the Civil Rights Act of 1964, which expressly forbids discrimination and prohibits employers from retaliating against employees who allege discrimination. http://www.gcconsulting.com/articles/120050/73/Court-Broadens-Employees-Rights gcc65 Tue, 04 Jul 2006 05:00:00 GMT China's economy is booming. In 2005, the country had the world's sixth-largest economy, with a gross domestic product of $1.79 trillion. It is speculated that China's GDP will exceed the economic vigor of United Kingdom and France in 2006.As a result, China's less developed legal system is undergoing major changes. As the government creates more laws and regulations to keep business activity in check, Chinese corporations are protecting their personal interests by hiring in-house lawyers. http://www.gcconsulting.com/articles/120052/73/China-s-Legal-Boom gcc66 Tue, 27 Jun 2006 05:00:00 GMT Northwest Airlines GC to retire Barry Simon, General Counsel of Northwest Airlines Corp., will retire June 30 for health reasons. Simon joined the company in October 2004 and has 30 years' experience in the airlines industry. Specializing in bankruptcy, he has been instrumental in bankruptcy filings at Continental and Eastern Airlines and was at Northwest when it filed for bankruptcy protection in September 2005. The world's fifth-largest airline, Northwest Airlines operates in 900 cities in 160 countries across the world. With 1,200 daily departures, it has hubs in Detroit, Minneapolis/St. Paul, Memphis, Tokyo, and Amsterdam. http://www.gcconsulting.com/articles/120068/73/Northwest-Airlines-GC-to-retire gcc67 Tue, 27 Jun 2006 05:00:00 GMT The Texas Supreme Court made a momentous final decision regarding the ongoing battle between AES Wolf Hollow and The Shaw Group, Inc., that allows third parties access to auditor-privileged documents on April 28.This case, which has been widely followed by in-house attorneys and auditors, has many major repercussions; but before delving into what they might be, here is the background of this titillating story: http://www.gcconsulting.com/articles/120053/73/The-Wavering-Future-of-Auditor-Privilege gcc68 Thu, 15 Jun 2006 05:00:00 GMT The U.S. Securities and Exchange Commission released the http://www.gcconsulting.com/articles/120054/73/Corporate-Penalties gcc69 Fri, 02 Jun 2006 05:00:00 GMT Kirkpatrick & Lockhart Nicholson Graham LLP (K&LNG) released their third Top of Mind survey on the Senior In-House Counsel on January 3. However, there has been speculative criticism about the validity of K&LNG's report. On January 30, Rees Morrison, a law department consultant, argued the high number of non-lawyers' responses undermine the methodological rigor of Top of Mind's survey. http://www.gcconsulting.com/articles/120055/73/Mixed-Reactions-to-K-LNG-s-Top-of-Mind-Survey gcc70 Fri, 02 Jun 2006 05:00:00 GMT On Jan. 27, the Securities and Exchange Commission proposed more stringent executive compensation disclosure rules in hopes that investors will make more informed business decisions, but many are wondering if these measures are adequate. Uncertain of how well the new rules would be received, the SEC opened itself up to public comment during a 90-day trial period. The commission will vote on whether or not they will continue with the proposals on April 10, 2006. http://www.gcconsulting.com/articles/120056/73/Are-Executive-Compensation-Disclosures-the-Answer gcc71 Fri, 02 Jun 2006 05:00:00 GMT Need to find evidence? If you are an attorney, you will not likely be scouring through file cabinets to get the information you need. http://www.gcconsulting.com/articles/120057/73/Adapting-to-the-E-world gcc72 Fri, 02 Jun 2006 05:00:00 GMT http://www.gcconsulting.com/articles/120058/73/The-Increasing-Need-for-Law-Firm-s-General-Counsel gcc73 Fri, 02 Jun 2006 05:00:00 GMT The fate of 2002's Sarbanes-Oxley Act is uncertain. In addition to the recent corporate scandals that have undermined SOX's effectiveness, the Act has been under legal fire. The nonprofit think tank Free Enterprise filed a lawsuit on Feb.7 against the Public Company Accounting Oversight Board (PCAOB). They claim that SOX violates the Constitution's mandated separation of powers. Their argument is that the Accounting Board, created under SOX, violates the separation of powers doctrine in two major ways: Congress cannot control its budget, and the President cannot appoint or remove any of its members. http://www.gcconsulting.com/articles/120059/73/SOX-Under-Fire gcc74 Fri, 02 Jun 2006 05:00:00 GMT Traditionally, many smaller and earlier-stage companies have met their legal needs by retaining outside law firms. Many rightly believed that their budget and workload would not justify the considerable expense of an experienced, full-time general counsel to handle day-to-day issues and provide proactive advice about upcoming issues.However, a growing number of companies in Boston and the Silicon Valley are taking a new approach. Instead of getting their legal help from a law firm or hiring a full-time staff lawyer, they are hiring one of the growing number of part-time "general counsels." These are experienced senior lawyers who work on an as-needed basis to handle the company's inside legal needs, while continuing to use the outside firm for esoteric issues or matters outside their expertise. http://www.gcconsulting.com/articles/120018/73/Part-Time-General-Counsel gcc75 Fri, 21 Apr 2006 05:00:00 GMT