Latest Articles

SEC (Still) Conducting Whistleblower Impediment Sweeps

Yesterday, the SEC announced it had charged seven companies with violating ’34 Act Rule 21F-17(a) by using employment and separation agreements to impede potential whistleblowers from reporting misconduct to the SEC. Here are four bullets about this sweep – and the “bottom line” about what you need to do now: Bottom Line: If you haven’t battle-tested your employment and separation agreements against the SEC’s line …

Should Directors Have Access to What Employees Say About Corporate Culture?

When it comes to managing human capital, many companies not only will hire an independent third party to conduct a “corporate culture” survey about how employees feel about their jobs, but also will give directors unfiltered access to the anonymous responses. When I say “unfiltered,” this means giving each director the entire data dump, which includes all of the anonymous commentary that employees might have …

Tips for Making the Case to Add Head Count to the Corporate Secretary’s Office

This is a tough one. You’re a cost center. You’re not driving revenues. Sure, you’re important. I know that. You know that. But do the bean counters know? Not really. In essence, you must prove a “but for” case. “But for” this department, you wouldn’t have received shareholder approval for this and that. “But for” this department, you might have been sued for misleading disclosure. …

Why I Joined Cooley: Channeling the Voice of the In-House Practitioner

I’ve just joined a deep – and fun-loving – team to develop content harnessing wisdom from the hundreds of in-house counsel that Cooley talks with on a daily basis. Along with my own extensive network of in-house colleagues, our combined forces allow us to bring you The Governance Beat, a site that channels the voice of the in-house practitioner. I’ve been dying to develop this …