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Whether directly representing a party or acting as local counsel, one of the first questions we are often asked as litigators sitting in Atlanta is: “What court works best for us?” Needless to say there are a significant number of issues that must be considered and it is impossible to provide a rote answer. There are, however, a few big-picture considerations that can help drive the final conclusion as to the favored venue. And those…
A new year is always about new possibilities and fresh starts. If you are reading this because you are new to the field, welcome from those of us who are a bit longer in the tooth – we are excited for you and want to help you create an enthusiasm for your work that is contagious. And if you are one of the tenured professionals, welcome back to a new year – we are excited…
There are a few things that compliance officers and other in-house counsel can take away from the late-November giving-shopping-doing spree (other than exhaustion!). With a bit of creativity, you can turn the sales and service holidays into compliance tips to carry forward into the new year. Taken in reverse order: Let’s think about reconstituting Giving Tuesday into “every Tuesday, give one incentive/form of compensation to an employee who participates in YOUR compliance program.” Why? Well…
Statewide Offices Republican Brian Kemp declared victory last week in his bid to replace Governor Nathan Deal as Georgia’s 83rd governor. Kemp avoided a runoff against Democrat Stacey Abrams by securing 50.33 percent of the vote amid record-breaking voter turnout of 61 percent for the midterm election. Abrams has not conceded the race. Absentee, provisional, and military ballots are still being counted. Kemp resigned as secretary of state last week to allow an interim appointee…
Just when you thought the hazards of cyberfraud couldn’t get worse, the SEC recently issued a Report of Investigation (more on that later) stating that nine recent corporate victims of cyberfraud may have compounded their problems by having insufficient internal accounting controls. Specifically, the SEC focused on Sections 13(b)(2)(B)(i) and (iii) of the Securities Exchange Act, which it summarized as requiring companies to: “devise and maintain a system of internal accounting sufficient to provide reasonable…
The U.S. moved forward this week with its threat to place tariffs on $200 billion worth of Chinese imports. The tariffs will kick in this Monday and increase duties by 10 percent on more than 5,700 items, a massive list that ranges from frozen beef to handbags to advanced manufacturing components. But for impacted businesses, there is somewhat of a silver lining as a result of a bipartisan effort in Congress. The U.S. House and…
Foreign direct investment (FDI) continues to be a major engine of growth in our country. Over the past five years, employment by foreign companies has risen much faster than overall private sector employment in the Carolinas and in the U.S. at large. Today, the U.S. remains the number one destination for FDI in the world. And among the states, South Carolina has the second-largest percentage of its workforce supported by global investment, and North Carolina…
On August 17, the SEC announced a sprawling array of rule amendments designed to simplify and update its disclosure requirements. You may recall that the Fixing America’s Surface Transportation (FAST) Act of 2015 directed the SEC to identify amendments to accomplish those goals. This is a step toward implementing that directive. The new rules will be effective 30 days after publication in the Federal Register. Although the final release is extensive (more than 300 pages)…