Last week, $6.2 billion EMC announced that the Securities and Exchange Commission would deploy the company’s solutions to help with storage management of email. The announcement is a huge win for EMC, which is seeing increased competition from IBM, HP, Zantaz and others in the records-retention market, and which is under pressure to justify the […]
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SEC Enforcement Official Joins Chadbourne & Parke
Sena The New York-based law firm of Chadbourne & Parke recently announced that securities litigator Joaquin Sena had joined as counsel in the firm’s Washington, D.C., location. Sena previously served at the Securities and Exchange Commission as assistant chief litigation counsel. Most recently, he was lead litigation attorney in the SEC’s financial fraud case against […]
SEC Removes CEO At Firm; Alleges Illegal Stock Sales
Late last week, the SEC filed a complaint and a temporary restraining order against $91.8 million garden tool manufacturer Spear & Jackson, as well as its CEO, Dennis Crowley. The complaint alleges that Crowley had been secretly selling company stock through brokerage accounts in the British Virgin Islands; the SEC alleges that Crowley’s illegal sales […]
Great Expectations: Meeting The Needs Of Directors, CEOs
A recent survey of chief legal officers uncovered some unsettling news for corporate compliance officers. At a general counsel roundtable hosted by PricewaterhouseCoopers in March, only 25 percent of CLOs said that their companies’ senior management expects the cost of compliance to be an investment that will make the company more competitive. RELATED STORY Chief […]
Groan At The Top: Coping With Governance Resistance
Woodrow Wilson said it best: “If you want to make enemies, try to change something.” Nobody likes change. And that’s a problem, because governance rules are ultimately designed to change behavior. Whether the regulation is tied to process, like accelerated filing deadlines, or conduct, like ethical business codes, a fundamental organizational adjustment is likely. SIDEBAR […]
Guidant Appoints Governance Officer, General Counsel
Minott $3.7 billion medical equipment and supplies company Guidant recently announced that Bernard Kury, former partner with Dewey Ballantine, would become vice president and general counsel. Kury knows Guidant well: He served as lead counsel on its IPO in 1994, and was lead counsel on several of the company’s acquisitions. He replaces Debra Minott, who […]
Stock Option Expensing: Getting Ahead Of The Issue
John Kenny, chief financial officer of Iron Mountain Corp. in Boston, makes it sound simple. The board of directors knew the company would have to start expensing stock options sooner or later—so in the summer of 2002, it decided on sooner. No consultants were hired. No new models were developed. Iron Mountain had long reported […]
Should Corporate America Be Taken Over by the Federal Courts?
The United States Sentencing Commission recently proposed a rule change that, if adopted by Congress, could give federal courts an intrusive role in managing America’s businesses. Federal courts can and should adjudicate corporate criminal wrongdoing, and the guilty should be punished. But once punishment is dispensed, do we really need federal judges to continue serving […]
$9.9b Ingersoll-Rand Appoints Chief Governance Officer
Heller $9.9 billion tool and machinery maker Ingersoll-Rand recently announced that VP and Corporate Secretary Ronald Heller had also been named corporate governance officer. In his expanded role, Heller will be responsible for all matters relating to corporate governance, including SOX requirements and NYSE listing standards. Heller, who has been with Ingersoll-Rand since 1998, will […]
Accelerated Filing Starts To Takes Its Toll: 59 Late
Call them the gang that couldn’t file in time. In the first year that companies were required to complete their annual reports earlier than in prior years, 59 companies with at least $100 million market caps—roughly defined as accelerated filers—filed for extensions of the March 15 deadline. This compares with 54 companies that sought more […]


