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Anything But Common: New York's "Pending Or Anticipated Litigation" Limitation To The Common Interest Doctrine Creates More Problems Than It Solves, Eric A. Franz
Washington Law Review
New York’s highest court recently handed down Ambac v. Countrywide, a decision that has major ramifications in the mergers and acquisitions (M&A) world. Once parties sign a merger or acquisition agreement, they share a common interest in ensuring that both parties comply with applicable laws, a process that requires legal communications with each other’s attorneys. Under the common interest doctrine, Delaware and the majority of federal circuits apply the attorney-client privilege to shield many of these communications from discovery. However, Ambac upset M&A attorneys’ reliance on the common interest doctrine by holding that parties to a merger waive their …
A Quest To Increase Women In Corporate Board Leadership: Comparing The Law In Norway And The U.S., Angela R. Foster
A Quest To Increase Women In Corporate Board Leadership: Comparing The Law In Norway And The U.S., Angela R. Foster
Washington International Law Journal
Gender imbalance is a persistent problem on corporate boards the world over. Women are severely underrepresented in these important leadership positions within public companies. Norway took a big swing at inequality in 2003 by enacting a quota law requiring at least 40% representation of each gender on boards of directors of public companies. Norway now has the highest percentage of women serving on corporate boards. Through Securities and Exchange Commission regulations, the United States enacted a diversity disclosure rule that requires public companies to divulge their policy regarding gender in board hiring. The disclosure rule has proven ineffectual, and at …