Tag Archives: General Counsel

Articles of Interest

IRS: We Can Read Emails Without Warrant

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By Breaking News

The Internal Revenue Service (IRS) has claimed that agents do not need warrants to read people’s emails, text messages and other private electronic communications, according to internal agency documents.

The American Civil Liberties Union (ACLU), which obtained the documents through a Freedom of Information Act request, released the information on Wednesday.

In a 2009 handbook, the IRS said the Fourth Amendment does not protect emails because Internet users “do not have a reasonable expectation of privacy in such communications.” A 2010 presentation by the IRS Office of General Counsel reiterated the policy.

Read more at Red Flag News. 

Photo credit: terrellaftermath

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From: http://www.westernjournalism.com/irs-we-can-read-emails-without-warrant/

Business, Finance, Occupation & Industry

Annie's Appoints Isobel Jones as General Counsel and Secretary

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By Business Wirevia The Motley Fool

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Annie’s Appoints Isobel Jones as General Counsel and Secretary

BERKELEY, Calif.–(BUSINESS WIRE)– Annie’s, Inc. (NYS: BNNY) , a leading natural and organic food company, today announced the appointment of Isobel Jones to the position of General Counsel and Secretary, effective April 1, 2013. Ms. Jones will serve as in-house legal counsel, managing legal and compliance matters and serving as a key member of Annie’s management team.

Ms. Jones will be based in the Company’s Berkeley headquarters and report directly to John Foraker, CEO of Annie’s.

“With extensive experience in compliance, governance and employment issues, as well as specific knowledge of the food industry, Isobel will be an ideal member of our executive team and we are excited to welcome her to Annie’s. The addition of Isobel to our senior management furthers our continued effort to position the Company to thrive as we continue to grow and expand,” said Mr. Foraker.

Prior to joining the Annie’s, Ms. Jones most recently served as Vice President, General Counsel and Corporate Secretary of Peet’s Coffee & Tea, Inc., where she provided legal advice, guidance and support on corporate governance, securities compliance, employment and labor matters, litigation, contracts, intellectual property, investor relations, and other matters. From June 2003 to January 2012, Ms. Jones was Associate General Counsel at Del Monte Foods, where she was responsible for SEC reporting and compliance, corporate governance matters, mergers and acquisitions, support of the treasury and investor relations functions and other general corporate matters. Ms. Jones also spent ten years as an associate at a national law firm. Ms. Jones earned her J.D. from Harvard Law School. She also holds an A.B. in East Asian Studies and Economics from Harvard University.

About Annie’s

Annie’s (NYS: BNNY) is a natural and organic food company that offers great-tasting products in large packaged food categories. Annie’s products are made without artificial flavors and synthetic colors and preservatives regularly used in many conventional packaged foods. Today, Annie’s offers over 125 products and is present in over 25,000 retail locations in the United States and Canada. Founded in 1989, Annie’s is committed to operating in a socially responsible and environmentally sustainable manner. For more information, visit www.annies.com.

Forward-Looking Statements

Certain statements in this press release, including statements regarding our continuing growth and expansion, are “forward-looking statements” within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. …read more
Source: FULL ARTICLE at DailyFinance

News, Politics, Government

President Obama Nominates Two to Serve on the U.S. Court of Federal Claims

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By The White House

WASHINGTON, DC – Today, President Obama nominated Patricia E. Campbell-Smith and Elaine D. Kaplan to serve on the United States Court of Federal Claims.

“These nominees have dedicated their careers to serving the public good,” said President Obama. “And in so doing, they have displayed an unyielding commitment to justice and integrity. I am confident that they will serve the American people well from the Court of Federal Claims, and I am honored to nominate them today.”

Patricia E. Campbell-Smith: Nominee for the United States Court of Federal Claims

Patricia E. Campbell-Smith has served as a Special Master with the United States Court of Federal Claims since 2005 and as Chief Special Master since 2011. In that role, she presides over litigation pursuant to the National Vaccine Injury Compensation Program. Previously, Campbell-Smith served as a career law clerk for the Honorable Emily C. Hewitt of the United States Court of Federal Claims for seven years. From 1993 to 1996 and again from 1997 to 1998, she worked at the law firm of Liskow & Lewis in New Orleans, where she focused on environmental regulatory law, patent infringement litigation, and toxic tort litigation. From 1996 to 1997, she served as a law clerk for the Honorable Sarah S. Vance, and from 1992 to 1993 she served as a law clerk for the Honorable Martin L.C. Feldman, both of the United States District Court for the Eastern District of Louisiana. Campbell-Smith received her J.D. with honors in 1992 from Tulane Law School and her B.S. with honors in 1987 from Duke University.

Elaine D. Kaplan: Nominee for the United States Court of Federal Claims

Elaine D. Kaplan serves as General Counsel of the United States Office of Personnel Management, a position she has held since 2009. Previously, she was Senior Deputy General Counsel at the National Treasury Employees Union (NTEU) from 2004 to 2009 and Of Counsel at the law firm of Bernabei and Katz from 2003 to 2004. In 1998, Kaplan was unanimously confirmed by the Senate to serve as the head of the United States Office of Special Counsel and successfully completed a five-year term in that position. From 1984 to 1998, Kaplan worked at NTEU with increasing levels of responsibility. She began her legal career as a staff attorney in the Solicitor’s Office of the United States Department of Labor. Kaplan received her J.D. cum laude in 1979 from the Georgetown University Law Center and her B.A. in 1976 from the State University of New York at Binghamton.

…read more
Source: FULL ARTICLE at The White House Press Office

News, Politics, Government

The Clairvoyant Corporation: General Counsel as Supermen

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By Richard Levick, Contributor If we’ve learned anything in the last five years, it’s that renewed business growth, which now seems imminent, must rely on broad and literate risk management, risk avoidance, and risk prediction if it is to be sustainable. We need to know where our exposures lurk, including those of our own making as well as those thrust on us by the actions of competitors, adversaries, and regulators. …read more
Source: FULL ARTICLE at Forbes Latest

Business, Finance, Occupation & Industry

Dendreon Announces Securities Class Action Settlement

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By Business Wirevia The Motley Fool

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Dendreon Announces Securities Class Action Settlement

SEATTLE–(BUSINESS WIRE)– Dendreon Corporation (NAS: DNDN) today announced that it has reached an agreement in principle to settle the securities class action litigation pending against it in the United States District Court for the Western District of Washington. Upon final approval, the settlement will resolve the claims asserted against all defendants in the previously disclosed putative securities class action. The lawsuit is currently pending against the Company and three current and former executive officers.

In the lawsuit, captioned In re Dendreon Corporation Class Action Litigation, Master Docket No. C 11-1291 JLR., an investor, purporting to represent a class consisting of persons who purchased Dendreon common stock between April 29, 2010 and August 3, 2011, sought unspecified damages from Dendreon and three current and former officers of the Company for allegedly false or misleading statements concerning the Company, its finances, business operations and prospects with a focus on the market launch of PROVENGE and related forecasts concerning physician adoption, and revenue from sales of PROVENGE.

The terms agreed upon by the parties contemplates a settlement payment of $40 million, $38 million of which will be funded by Dendreon’s insurers. Dendreon and the individual defendants continue to deny that any statements they made were false or misleading.

“We are pleased to put this matter behind us,” said Christine Mikail, Executive Vice President, Corporate Development, General Counsel and Secretary of Dendreon. “Upon final approval of this settlement, Dendreon will have eliminated the potential distraction from ongoing class action litigation that began in 2011.”

The terms of the settlement must be formally documented and are subject to approval by the District Court following notice to all class members. While the Company expects the settlement will receive the needed approval, the process normally takes several months.

About Dendreon

Dendreon Corporation is a biotechnology company whose mission is to target cancer and transform lives through the discovery, development, commercialization and manufacturing of novel therapeutics. The Company applies its expertise in antigen identification, engineering and cell processing to produce active cellular immunotherapy (ACI) product candidates designed to stimulate an immune response in a variety of tumor types. Dendreon’s first product, PROVENGE® (sipuleucel-T), was approved by the U.S. Food and Drug Administration (FDA) in April 2010. Dendreon is exploring the application of additional ACI product candidates and small molecules for the potential treatment of a variety of cancers. The Company …read more
Source: FULL ARTICLE at DailyFinance

Business, Finance, Occupation & Industry

The Carlyle Group Adds Three Carlyle Executives to Management Committee

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By Business Wirevia The Motley Fool

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The Carlyle Group Adds Three Carlyle Executives to Management Committee

Deep and Wide Talent Pool Yields Future Investment and Management Leaders

WASHINGTON–(BUSINESS WIRE)– Global alternative asset manager The Carlyle Group today announced the addition of three Carlyle executives to the firm’s Management Committee. Michael Arpey, Managing Director and Head of Fund Investor Relations; David Marchick, Managing Director and Head of Global External Affairs; and Mitch Petrick, Managing Director and Head of Global Market Strategies, join the firm’s three founders, COO, CFO and General Counsel on the Committee. The Management Committee develops and executes Carlyle’s corporate strategy.

William E. Conway, Jr., Carlyle Co-Chief Executive Officer, said, “For twenty-five years we have developed a terrific group of leaders around the world on the investment side of our business. Expansion of our Management Committee complements that work. Carlyle is blessed with a deep and wide pool of talent.”

Daniel A. D’Aniello, Carlyle Chairman, said, “This move reflects the scope and depth of the talent at Carlyle. While Bill, David and I are as active as ever, we welcome their enhanced participation in the management of the firm. Mike, Mitch and Dave are keen strategic thinkers and have already contributed greatly to the firm in their roles on the Operating Committee, which advises the Management Committee.”

<td …read more
Source: FULL ARTICLE at DailyFinance

Management Committee Members:

William E. Conway, Jr., Co-Chief Executive Officer
Business, Finance, Occupation & Industry

UGI announces that Lon R. Greenberg will retire as Chief Executive Officer effective April 1, 2013

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By Business Wirevia The Motley Fool

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UGI announces that Lon R. Greenberg will retire as Chief Executive Officer effective April 1, 2013

VALLEY FORGE, Pa.–(BUSINESS WIRE)– UGI Corporation (NYS: UGI) today announced that Lon R. Greenberg will retire as Chief Executive Officer effective April 1, 2013. As previously announced, Mr. Greenberg will continue to serve UGI as non-executive Chairman of its Board of Directors. Mr. Greenberg will also serve as non-executive Chairman of the Boards of Directors of AmeriGas Propane, Inc. and UGI Utilities, Inc.

John L. Walsh, UGI‘s President and Chief Operating Officer, will be named President and Chief Executive Officer of UGI effective April 1, 2013. Lon R. Greenberg, Chairman and Chief Executive Officer of UGI said, “John is an exceptional executive and proven leader. I am thrilled that he will succeed me as CEO and I look forward to the company’s continued success under his leadership.”

Mr. Greenberg, 62, has been UGI‘s Chief Executive Officer since 1995 and Chairman of its Board of Directors since 1996. Mr. Greenberg joined UGI in 1980 as Corporate Development Counsel and has served the company for over three decades in various senior management roles including General Counsel (1983-1987), Vice President – Legal and Corporate Development (1987-1989), Senior Vice President – Legal and Corporate Development (1989-1994), President (1994-2005) and Vice Chairman of the Board (1995-1996).

Marvin O. Schlanger, UGI‘s Presiding Director, said, “UGI‘s total shareholder return during Lon’s tenure was over 1,000% or 14.6% per year, a period of truly remarkable growth and value creation for UGI‘s shareholders. In addition to this track record of financial success, Lon has instilled a culture of excellence at UGI and has developed a strong management team that will serve UGI shareholders for the foreseeable future. This team will be led by John Walsh, a talented executive and a worthy successor to Lon as CEO. Although we wish Lon a long, happy and healthy retirement, we are very pleased that UGI shareholders will continue to benefit from Lon’s leadership as Chairman of UGI‘s Board of Directors.”

About UGI

UGI is a distributor and marketer of energy products and services. Through subsidiaries, UGI operates natural gas and electric utilities in Pennsylvania, distributes propane both domestically and internationally, manages midstream energy and electric generation assets in Pennsylvania, and engages in energy marketing in the Mid-Atlantic region. UGI, through subsidiaries, is the sole General Partner and owns 26% of AmeriGas Partners, L.P. (NYS: <a target=_blank class="tmf-ticker qsAdd qs-source-isssitthv0000001" …read more
Source: FULL ARTICLE at DailyFinance

News, Politics, Government

Presidential Memorandum — Designation of Officers of the Pension Benefit Guaranty Corporation to Act as Director of the Pension Benefit Guaranty Corporation

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By The White House

February 1, 2013
MEMORANDUM FOR THE DIRECTOR OF THE PENSION BENEFIT GUARANTY CORPORATION
SUBJECT: Designation of Officers of the Pension Benefit Guaranty Corporation to Act as Director of the Pension Benefit Guaranty Corporation
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (the “Act”), it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of this memorandum, and to the limitations set forth in the Act, the following officials of the Pension Benefit Guaranty Corporation, in the order listed, shall act as and perform the functions and duties of the office of Director of the Pension Benefit Guaranty Corporation (Director) during any period in which the Director has died, resigned, or is otherwise unable to perform the functions and duties of the office of Director:
(a) Chief Management Officer;
(b) Chief Operating Officer;
(c) Chief Financial Officer; and
(d) General Counsel.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 of this memorandum in an acting capacity, by virtue of so serving, shall act as the Director pursuant to this memorandum.
(b) No individual listed in section 1 of this memorandum shall act as Director unless that individual is otherwise eligible to so serve under the Act.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Director.
Sec. 3. Prior Memorandum Superseded. This memorandum supersedes the President's Memorandum of December 9, 2008 (Designation of Officers of the Pension Benefit Guaranty Corporation to Act as Director of the Pension Benefit Guaranty Corporation).
Sec. 4. Judicial Review. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 5. Publication. You are authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA

Source: FULL ARTICLE at The White House Press Office