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When, in December 2003, U.S. companies were given only a few weeks to become compliant with the newly-enacted Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act, Pub. L. No. 108-187, codified at 15 U.S.C. '7701 et seq.), many companies may have hastily implemented compliance programs in order to get up to speed by the time the Act became effective on Jan. 1, 2004. However, many companies may not have looked for ways to benefit from some of the Act's lesser-known provisions and, in fact, some wrinkles inherent in the Act. A careful review of the details of the Act will reveal ways companies can utilize its provisions to their best advantage.
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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