Draft SEC Filings Can Be Protected From Discovery

In a January 9, 2009 order, Magistrate Judge Morton Denlow of the US District Court for the Northern District of Illinois ruled that Aon was not required to produce an email seeking comments on draft disclosure language for Aon’s Form 10-K because it was protected by the attorney-client privilege. Magistrate’s Opinion and Order in Roth […]

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Risk IQ

Sumner Blount and CA have coined the term Risk IQ to address a company’s risk management environment:  Risk IQ – The Key to Effective Risk Management. The idea is deliver comprehensive, timely and accurate information to the decision makers to improve the decision-making process. They break the Risk IQ into two parts: visibility and insight. […]

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The Anti-Corruption Principle in the U.S. Constitution

Are integrity or self-governance part of the constitutional framework of the United States? Do we need to give constitutional-like weight to the distortions to our democracy seen in campaign finance, redistricting, term limits and lobbying? Zephyr Teachout published an article in the January 2009 edition of the Cornell Law Review: The Anti-Corruption Principle (pdf). The […]

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What Is Insider Trading?

The SEC.gov website has a blurb on Insider Trading.  They start off with legal insider trading, when officers, directors and employees buy and sell stock in their own companies. Corporate insiders are required to report their trades. Illegal insider trading “refers generally to buying or selling a security, in breach of a fiduciary duty or […]

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Chakrapani Insider Trading

The Securities and Exchange Commission charged Ramesh Chakrapani with insider trading. Chakrapani was an employee of the Blackstone Group. The SEC alleges that Chakrapani tipped off a friend about the pending acquisition of the supermarket company Albertson’s Inc. before the public announcement of the deal in January 2006. See coverage of the story: Steve Schwarzman […]

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Business Risk Intelligence

These are my notes from the OCEG webinar: Business Risk Intelligence. Carole Stern Switzer, President of OCEG Paul Shultz, Managing Director of Protiviti Dave Anderson, Senior Director of SAP Business Objects Paul frames the problem: Risk is often just an afterthought of strategy, resulting in strategic objectives that may be unrealistic and risk management being […]

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The New Massachusetts Data Security Regulations

Goodwin Procter sponsored a webinar on the new Massachusetts date security rules Lynne Barr Deb Birnbach Agnes Bundy Scanlan David J. Goldstone Jacqueline Klosek Deb pointed out that you may now need to collect the state of residence of the client to figure out if they are in Massachusetts. That may have the perverse effect […]

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New FMLA Poster

Under the Family and Medical Leave Act of 1993, covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA.  The poster at WH Publication 1420 is sufficient. Under 29 CFR 825.300: (a) Every employer covered by the FMLA is required to post and keep posted on its […]

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FMLA Day is January 16

The new regulations under the Family and Medical Leave Act go into effect on January 16, 2008. Jon Hyman of the Ohio Employer’s Law Blog tells us the eight steps you should take to get ready: Tomorrow is “FMLA Day.” Is your company ready? Make sure you put up the new FMLA poster.

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Top Ten Individuals We Won’t Miss from 2008

In addition to its list of the 100 Most Influential People in Business Ethics for 2008, Ethisphere also published a list of the Top Ten Individual We Won’t Miss from 2008. Bernard Madoff David Colby – Colby was the former CFO of Wellpoint who was caught carrying on multiple affairs on the side, even once […]

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