THIS WEEK'S FEATURES
Should Corporate Monitoring Be Re-Examined?
Much has been written about AIG having run a risky credit default swap business. What's less well known is that, during this period, the global insurer was operating under the supervision of a DOJ-imposed monitor, whose job was to keep the company out of securities trouble. Obviously, it didn't work.
10 Steps to Hiring New Outside Counsel
The most effective way for a general counsel to reduce the costs may be to change outside counsel, but that means getting to know the kinks and capacities of a new firm.
FROM THE CURRENT ISSUE
Intellectual Property
Non-Traditional Advertising During Economic Turbulence
In this new economic reality, as companies consider developing the typically less-expensive non-traditional marketing and promotional campaigns, they should be aware that there is a wide array of issues to consider (some old and some new) including intellectual property, clearance and claim substantiation rules and other laws and regulations.
SPONSOR SPOTLIGHT
Corporate Fraud
'Wagoner Rule' Dismissal Motions Alive and Well
A pair of recent decisions on accountants' liability claims arising from the Refco bankruptcy show that early fears that the Second Circuit's CBI decision would make "Wagoner Rule" dismissals impossible at an early Rule 12 stage, before a full plenary factual inquiry into management's subjective intent, were overblown.
FROM THE PREVIOUS ISSUE
Technology
A Modest Solution To E-Discovery Problems
Any e-discovery crisis will undoubtedly lead to a sit-down between a company's GC and chief technology officer, but if a company is serious about dealing with e-discovery and record-management risk over the long term, an ad-hoc group dealing with the day's crisis doesn't work; the company will just lurch to the next e-discovery problem. The twist is to turn the crisis meeting into a working group comprised of key legal and IT professionals that meets regularly throughout the year, a group whose formality and structure lead to accountability and whose existence will demonstrate good faith to the court.
SPONSOR SPOTLIGHT
Regulatory Trends
Compliance on Energy In Era of Tougher Regulation
As federal regulators ramp up enforcement activity in areas as varied as immigration law and environmental law, the creation and active implementation of an effective internal compliance program is an essential protection for any company that could face investigation. The Federal Energy Regulatory Commission is no different from other regulators, having stated that the primary mitigating factor that it will consider when assessing penalties for violations is an effective compliance program. In its Policy Statement, FERC identified the four factors that it considers important in establishing a successful compliance program.
