This is my first post in over four months. There is so much “writing” out there, so many alerts and zoom conferences and reports, that it seemed to me that the last thing anyone needed was another talking head. I … Continue reading
Stephen Honig
Sometimes, in order to give yourself a complete “free pass” in making a decision under a contract, you will provide that you may reach that decision “in the party’s sole discretion, with or without cause.” Does that work? Circumstances vary … Continue reading
Seems these days that everything written has to do with Coronavirus. Whether this proves to be an earth-shattering event remains to be seen. If you are in business, you no doubt deal with a variety of contracts. Many contain what … Continue reading
The problem with some nonprofits is that they lose sight of their mission. The obligation of a nonprofit board is to pursue the mission, not necessarily to preserve the nonprofit entity itself at all costs. This and other nonprofit issues … Continue reading
Everyone knows Boston traffic is gridlocked and public transportation does not perform. Current ambitious State plans to fund public transportation, by an $18Billion bond offering, presently are pending in the Legislature. According to an expert panel convened by the National … Continue reading
Lots of advisers at this time of year circulate publications relative to the upcoming proxy season, and the obligations of boards of directors. This is the year of “rethinking risk.” Boards are advised to “assess risk” in the following areas: … Continue reading
Ever since the Supreme Court established the rights of corporations to exercise “political” speech (Citizens United), debates have raged concerning ground rules for corporate political action. Sometimes the general public “votes with its purse” with respect to popular or unpopular … Continue reading
Occasionally we are reminded that securities law scams are not only illegal, but also often prey on the worst instincts of their victims. Yesterday, the SEC announced a formal warning to the investing public not to be tricked into offerings … Continue reading
Yesterday, Professor Lawrence Lessig joined the parade of famous people who have sued the New York Times, over the years, for an almost inexhaustible list of alleged defamations. This particular lawsuit is interesting in two different ways. First, the defamation … Continue reading
The usual question put to C suite executives and directors, in an effort to jumpstart a panel or an interview, is: “What keeps you up at night?” That list for the upcoming proxy season seems to include the following: management … Continue reading