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    Imagine that a German widget manufacturer and an American customer are negotiating an order. "This corroboration requirement for testimony by an interested party is based on the sometimes unreliable nature of oral testimony, due to the forgetfulness of witnesses, their liability to mistakes, their proneness to recollect things as the party calling them would have them recollect them, aside from the temptation to actual perjury." Trans Web LLC v. See, e.g.: At all times during the Confidentiality-Obligation Period, the Receiving Party must not disclose, use, or copy Confidential Information, in whole or in part, except as expressly provided in the Agreement. A receiving party likely would not want to take on the higher burden of entering into a fid­u­ci­a­ry relationship with the disclosing party.

    They want to allocate responsibily for ar­ranging for ship­ping the widgets; insurance; export clearances; and customs. to ensure that any use, disclosure, or copying of Confidential Information, by or on behalf of the Receiving Party or any party receiving Confidential Information from the Receiving Party complies with applicable law, including for example any applicable law concerning (i) privacy or (ii) export controls. (Opinions seem to vary as to whether the term fiduciary relationship and confidential relationship are synonyms; the answer might depend on the jurisdiction. Day, Difference Between Fiduciary Relationships and Confidential Relationships (John Day Legal.com) (citing Tennessee cases).

    She reported that her previous company’s practice of setting the stock option price at the low during the month it was granted yielded a far more favorable result for employees than ours. Abrams and three other former officers committed fraud by backdating stock option grants and failing to record hundreds of millions of dollars of compensation expenses.

    She also said that since it had been designed by the company’s outside legal counsel and approved by their auditors, it was fully compliant with the law. As part of a settlement with the agency in 2009, Ms.

    Nearly 12 months ago, Apple started reporting GAAP and non-GAAP results side by side -- with fiscal 2008 fourth quarter earnings.

    These new C&DI’s are likely to have a significant impact on how public companies use non-GAAP reporting measures.Under current rules, companies defer subscription revenue.Since they deliver services over time, revenue is accounted for by X percentage every quarter.The changes largely impact earnings releases by setting parameters around ordering topics, using headlines, and the relative prominence and comparability of non-GAAP and key performance indicator (KPI) disclosures to their GAAP counterparts.Non-GAAP financial measures adjust GAAP measures, and include earnings before interest, taxes, depreciation and amortization (or “EBITDA”), adjusted EBITDA, and adjusted earnings per share.

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