The National Labor Relations Board ten days ago declared it an unfair labor practice, when offering a severance agreement to an employee, to include in that offer either a broad confidentiality provision or a broad non-disparagement agreement, which terms have … Continue reading
Category Archives: The Law
Add a social dimension to the interaction of board members; in your annual survey of board members, ask them to comment on the performance not only of themselves but also of other board members. Reduce the size of your board … Continue reading
A couple of weeks ago I posted about a new Federal Trade Commission initiative to toughen the anti-trust laws by proposing to ban all non-comps, even those previously executed. Now the FTC proposes to begin enforcing the now-obscure Robinson Patman … Continue reading
Officers and directors of public companies run a risk, in trading their company shares, that they will be liable to injured buyers or sellers of their shares if, shortly after the trade, the stock price moves and makes clear that … Continue reading
Last month the SEC proposed a change in the manner in which your retail stock broker places a trade order for you, the first such amendment in two decades. The changes are technical in nature, are subject to revision after … Continue reading
Glass Lewis, one of the two major firms which provide advisory service to investors relative to voting for or against director candidates, has announced some substantial (if not surprising) revisions to its review standards designed to foster ESG-related elections to … Continue reading
A week or so ago I almost posted about a criminal anti-trust complaint brought by the Department of Justice, the first in decades. I chose not to, thinking the event an outlier that must have involved incredibly horrendous facts; after … Continue reading
Six years ago Dell Technologies financed its multi-billion dollar acquisition of EMC Technologies by issuing a special class of “V” shares. Two years later Dell, under the leadership of Michael Dell, recapped the V class and distributed to holders $14 … Continue reading
I seldom post two days in a row, let alone on the same subject, but I am intrigued by Elon Musk’s 10-year comp agreement at Tesla that can net him as much as $56 Billion dollars (see yesterday’s post). In … Continue reading
Yesterday a trial in Delaware Chancery Court commenced, raising a shareholder complaint accusing directors (and in-house counsel) of breaching their duty by voting compensation to a company CEO that could equal $56 Billion over ten years. Kudos to those readers … Continue reading