Crisis Management Team for Corporate Directors and Officers
Corporate directors, boards, and executive officers are under greater scrutiny than ever before by shareholders, regulators, and prosecutors and must exercise an even higher degree of care in conducting the affairs of a company. With every decision subject to intense examination, it is critical that directors, boards, and executive officers avail themselves of sound, experienced, and independent legal counsel in undertaking their obligations and evaluating their liabilities in performing their duties.
Robins, Kaplan, Miller & Ciresi L.L.P. has established a Crisis Management Team for Corporate Directors and Officers to focus on special matters that arise in the corporate and business environment where highly developed and senior level skills from multiple disciplines are required to immediately and skillfully address the unique needs of a business client. Commonly in these situations, the client is faced with a matter that requires an extremely focused lead counsel possessing highly developed leadership skills in managing complicated processes who can assemble an experienced and independent team with multiple skills that can react immediately and assist the client in effectively addressing the situation. Strong experience in corporate governance, governmental relations, public relations, business strategy, corporate law, litigation, employment, insurance, securities, accounting, tax, antitrust and white-collar crime are among some of the relevant subject matters that are often required in these special situations.
Whom We Represent
Corporate Directors
Corporate Boards
Executive Officers
Our Experience
Representing and counseling individual directors, boards of directors, board committees, CEOs and other executive officers of corporations, including private, family owned corporations and non-profit corporations.
Advising boards and committees in their supervision and oversight of strategic transactions, special investigations, compliance programs, and other crisis situations.
Providing directors, boards, and CEOs with a highly informed analysis and evaluation of the risks and costs of pending complex and high profile lawsuits, including strategies for resolution or settlement.
Managing and advising on internal and governmental/regulatory investigations.
Advising directors on their fiduciary duties and general obligations.
Advising directors and officers on insurance coverage policies and procedures to reduce liability risk.
Advising directors and officers concerning compliance with Sarbanes-Oxley Act, and SEC rules and regulations, as well as an NYSE and NASDAQ rules and requirements, including developing committee charters, codes of conduct, disclosure requirements and other policies, procedures and compliance programs.
Advising directors and officers about the company’s relationships with accountants, including the newly expanded role and responsibilities of the audit committee, and any investigations in connection with accounting matters.
White Collar Crime Articles
Deferred Prosecution Agreements: Today's "Get Out of Jail Free" Card?
Deferred prosecution agreements for alleged corporate white collar crime give companies a second chance at survival. This second chance comes without having to undergo the same level of public scrutiny that comes with protracted government investigations and the public-relations nightmare that stems from a white collar crime conviction. Read more.
Hot Potato: Liability for Corporate Successors
Non-lawyers are often confused by the fact that our legal system . considers a corporation to be a “person.” Corporations enjoy most of the same legal rights, and are subject to many of the same obligations, as individuals. This is certainly true in the white collar crime sphere. While there are obvious exceptions - such as prohibitions against disorderly conduct or rape. The substantive criminal laws generally apply with equal force to corporate entities and “two-legged clients” alike.
Things get a little complex, though, when it comes to heirs and successors. When individual defendants die, their criminal liabilities die too. Even when heirs are penalized as the illegal beneficiaries of their acts, such as through the disgorgement of ill-gotten gains, their heirs are not viewed as culpable themselves.
Corporate heirs are different. A true corporate successor takes on all of the rights and obligations of its predecessor. A successor could suddenly find itself facing considerable liability for acts with which it had no involvement. When a corporation dissolves, the odds are high that its criminal liability lives on. Read more.
Corporate Citizenship and Corporate Criminal Rights
Corporations are placed in a uniquely precarious position during government investigation of alleged while collar crime or white collar criminal misconduct for two reasons: (1) a lack of certain constitutional protections and, (2) exposure based on the doctrine of vicarious liability. Read more.
Document Management and Retention Post Arthur Andersen L.L.P.
Recent cases like Arthur Andersen LLP v. U.S., 125 S.Ct. 2129 (2005) have left many companies wondering what to do about document management and retention. Although the Supreme Court reversed the Arthur Andersen conviction, the Court was clear that a company can be held criminally liable when it implemented a document destruction policy with an intent for wrongdoing. Read more.
When Does Uncle Sam Want You? A Report from Minnesota's U.S. Attorney
Terrorism. The DOJ is concerned with terrorism financing, and any conduct that might aid terrorism financing, such as offshore banking, immigration fraud, and identity theft.
Corporate Fraud. After Enron, the DOJ is paying particularly close attention to the integrity of financial institutions and to misconduct by professionals such as accountants and attorneys.
Accountability of Corporate Defendants. The DOJ has made it no secret that it will pursue corporate defendants, particularly in relation to individual defendants, as it emphasizes seeking a company waiver of the attorney-client privilege and maximizing self-policing by big business.
Investment and Securities Fraud. Insider trading, market manipulation, financial statistics fraud, and general investment fraud are among the DOJ concerns in this area.
Healthcare Fraud. Home healthcare, pharmaceutical diversion, and Internet pharmacy have emerged as the problem areas in healthcare, attracting government investigation.
Cybercrime and Identity Theft. While forty-seven percent of all such complaints go to the Federal Trade Commission, cybercrime and identity theft are actually a top priority for the Federal Bureau of Investigation and the Secret Service.
Public Corruption. Even government is not excused from selfpolicing.
Corporate Embezzlement.
Bank and Financial Institution Fraud.
Indian Gaming. This segment is a $19.4 billion annual industry. Of the top gaming facilities in the United States, three are in the State of Minnesota.
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