If you sell over the internet, what if I told you that the European Union’s GDPR may well cost you a fine of $2.5M or of 4% of your annual sales? Absurd but — the EU’s General Data Protection Regulation … Continue reading
Category Archives: The Law
“Hates California, it’s cold and it’s damp….” Just back from a week in the San Francisco area and while it was indeed cold (record-setting in 30s) and while it was definitely not damp (the Sinatra lyric was written before the … Continue reading
It is always interesting to track the unofficial pronouncements of SEC commissioners; it gives you a sense of their fundamental thought drivers. So a couple of weeks ago Commissioner Kara Stein gave a speech at Stanford billed as “reimagining” the … Continue reading
What happens when your licensor files for bankruptcy? Companies filing Chapter 11 always have had the right to accept or reject any contract that has yet to be performed fully. This right become volatile in the new economy where so … Continue reading
Directors sometimes don’t understand the meaning of risk. Boards undertake ERM (enterprise risk management) as making sure there is regulatory compliance, sound accounting and reasonable cyber protection. These are important to address but are NOT the key elements of risk … Continue reading
So your company has been accused of committing a fraud, or of violating the Foreign Corrupt Practices Act. You have attracted investigation by the US Department of Justice. You are negotiating whether to enter a plea, or to try to … Continue reading
The new Tax Code contains many unclear or recently highlighted provisions, but here’s one that caught me by surprise: in an apparent effort to make sure that foreign partners in partnerships that do business in the US pay their US … Continue reading
Okay, all the publicity is about crypto-currency, its volatility, its hack-ability ($530M lost yesterday), its potential for fraud (SEC action announced today against a so-called “bank” permitting trades in 700 crypto-coins, or so they said). While all this is going … Continue reading
When you leave your executive position, you are often asked to sign a “standard” severance document which reminds you of restrictions binding upon you, and addresses your entitlements upon leaving employ. Sometimes, the form of this document is set forth … Continue reading
Everything from the new Tax Act to the”#Metoo” movement to changes in compensation for public companies to the rapidly developing focus on sustainability will create new and significant agenda items in 2018 for corporate boards and their committees. An expert … Continue reading