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Articles tagged: Fiduciary Duties & Corporate Governance
That’s SOC, Not SOX: SOC Reports Audit the Safety of Company Data
An SOC report tells business owners, buyers and fiduciary directors if their data is being safely managed by a service organization. Should you request one? Read More
The Government’s Clash on Fiduciary Responsibilities and Your Advisor’s Retirement Advice
What Will Happen to the DOL Fiduciary Rule? In March of 2018, the 5th U.S. Circuit Court of Appeals in New Orleans vacated a fiduciary rule that would require brokers and advisors to offer retirement advice that fits in the best interests of their clients. Since then, the states of Massachusetts and New Jersey have […] Read More
Sleep Better with Reps & Warranties Insurance
Understanding Representations, Warranties and Indemnities in M&A Transactions When boards are deliberating the purchase or sale of a business, they need to consider the long-term risks of the decision. Understanding the representations, warranties and indemnifications being made is essential to executing fiduciary duty, since the risks do not go away after the deal is done. […] Read More
Without Good Governance, Family Businesses Go Nuclear
3 Case Studies on the Importance of Good Governance To put it bluntly, proper governance does not come naturally for most private and family businesses. It requires leadership to understand that good governance protects the business, and is worth the sometimes substantial time and effort required to achieve it. Families will never be perfect. Which […] Read More
Lessons on Family Governance in Business
The Cornell/Loyola Family Business Roundtable brought together thought leaders to discuss business and family governance. Here are the key takeaways. Read More
Know When It’s Time to Switch Your Retirement Plan Service Provider
Evaluate Your 401(k) Service Provider with These Questions The new year is a great time to take stock of your company offerings, and for plan sponsors, that should include a thorough review of your retirement plan provider. With fiduciary duty on the line, not taking the time to carefully review and make any changes can […] Read More
Case Assessment on Trade Secret Misappropriation
How does the court calculate damages in trade secrets misappropriation cases? Learn how to measure actual loss, reasonable royalty rates and other remedies. Read More
ESOPs: Tax Advantages of an Employee Stock Ownership Plan
Employees Have Retirements Staked on Company Success An employee stock ownership plan, commonly referred to as an ESOP, offers a range of benefits for sponsor companies, in addition to its owners and employees. As a qualified employee benefit plan, an ESOP is designed to provide retirement benefits to employees, and is similar to that of […] Read More
Employee Stock Ownership Plans (ESOPs): Meeting Business Succession Objectives
Does Legacy Rate Higher with You, or Pure Profit? Thinking about selling your business? Is maintaining its integrity and mission more important to you than pure profit? Then an Employee Stock Ownership Plan may be something to consider. Some business owners simply want to derive the highest value from the sale of their company, and […] Read More
An Experienced Executive May Make an Effective Board Member
What Makes a Successful Board Member? [Editor’s Note: if you are an experienced CEO, CFO or another executive, you may be thinking about putting your hat in the ring to be a director of another company. Or, perhaps you are the owner or a board member of a company looking for an outside director. Either […] Read More