Thursday, June 21, 2018

Don't Open the Veil and Invite Piercers

Thought for the day: Do something to ensure that proper governance practices are followed to make the risk of "piercing the corporate veil" even more remote.

What Happens to Officers If there Is an Accidental Death or Injury

White Collar Defense

Employees and officers can be held personally liable and possibly face prison sentences, not only for their own actions, but also for actions of their employees who participate in a criminal activity. The stakes are high in white collar criminal matters. Not too mention that your company can be subject to severe penalties such as fines, disgorgement, and onerous remedial and compliance requirements, too.

Can IRC Section 409A Hurt You?

Can IRC Section 4999 Hurt You?

Company Counsel: How to Deal With Them

 

PRENUPTIAL AGREEMENTS

 A prenuptial agreement is a contract that is signed before marriage that spells out how a couple will handle any of the financial aspects of their marriage.
Having an honest financial discussion prior to a wedding ceremony can be a very positive experience, most of the time.  With communication comes gaining knowledge and understanding of each other's financial goals and requirements.  By providing that clear understanding of each other, the communication done before marriage about finances can be important groundwork for a happy relationship long into the future.
Most couples today who come into marriage with their own investments, cash, and property bought in the years before, understand right away why a prenuptial agreement is helpful to have. For every couple, deciding how to deal with your money and assets -- whether to maintain separate or joint accounts, share deeds to homes, assume each other's pre-marital debts -- is one of the biggest challenges to newlyweds. Prenuptial agreements are one solution. Some people think these legal documents are a must because they have a major stake in how the property and income are divided. Others think they only necessary if you plan on divorcing. What I think is that some couples have very compelling reasons why having either full or partial financial independence from each other is beneficial and fairer to both of them.  Also I think sometimes it can be outright compellingly necessary to have a prenuptial agreement that shields one of the spouses from separate debts and the bad credit ratings of the other member of that couple.  We confidentially represent and advise future spouses in the context of prenuptial agreements.

D & O Insurance

D&O insurance is indispensable for publicly-traded companies. Too many private company officials find out the hard way because, they believe, they are unlikely to ever have a D&O lawsuit. Before a claim arrives from a shareholder or other third-party, it is easy to think that there would never be a claim. When they recognize they need insurance, it is too late.

Common Mistakes of Busy People

Asked by the Press for the Company's Statement

Being in an awkward position--being asked for a comment by the press

If there is any chance of being asked by the press for your comment on a matter that affects your company, you may want to understand exactly what should be expected from you and why.

Actively Guarding against Suits

Is an Executive Protected by a Corporate Veil?

People think they are protected personally by the corporate veil when it comes to anything they do on the job, but that’s not the case.

Employment Contracts: Negotiations and Coaching

The following is a checklist of key issues to consider when negotiating an employment agreement.

To help you to look objectively at this list, we refer to the executive to be hired in the third-person as the "person".

Executive Separation

When executives or other high-level employees or key employees separate themselves from a previous employment arrangement, there are many potential issues on the table that are different from other employer/employee concerns. Typically, the consequences of bad decisions could be serious.