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Legal/Regulatory

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ARTICLE
Maximizing Value: Considerations for Directors of a Company in Distress
February 03, 2014
Directors of a leveraged company should begin to consider the implications of not being able to access traditional debt markets on appropriate terms.  This concern is particularly acute for companies with near-term debt maturities, prior difficulty achieving financial projections, a declining EBITDA forecast and/or capital funding needs reliant on low interest rates.

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INTERVIEW
Talking Points: Addressing Boardroom Confidentiality
February 03, 2014
While trends like cyber security and increased activism from investors compete for attention with the usual board concerns, like compensation and compliance, one law firm recently listed boardroom confidentiality as one of the top ten concerns of 2014.

ARTICLE
2013 Year-End FCPA Update
January 08, 2014
2013 FCPA Update identifies five key enforcement trends, but perhaps most notable is the increasing cost of resolving an FCPA case for a corporation.  The average, all-in settlement value for FCPA resolutions in 2013 was more than $80 million and there were no settlements for less than $1 million.

ARTICLE
Communications Challenges at the New Frontiers of Corporate Governance Activism
January 08, 2014
Two particular corporate governance areas to pay attention to in 2014.

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INTERVIEW
Talking Points: How Boards Can Prepare for the Volcker Rule
January 07, 2014
Years after first hearing of a banking ban on proprietary trading, five government agencies have collaborated to pass the Volcker Rule. Here's what boards need to do to prepare.

ARTICLE
Becoming an FCPA-Savvy Director
January 03, 2014
In defining how a board member can be a knowledgeable and valuable company resource in managing FCPA issues, the following may be helpful benchmarks.





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