Features
Deal Season 2008: Outlook for Transaction Support Services
Many global firms that provide transaction support services for law firms are exceedingly worried about the 2008 deal season. But is the anecdotal evidence of a drying pipeline true? A quick look at the data suggests that law and accounting firms are right to be worried about a decreased deal flow, with only a few highlights in sight.
Features
There Ain't No Such Thing As a Free Prospectus
The SEC's Securities Offering Reform dramatically changed the landscape of registered public offerings. Issuers and underwriters would do well to take advantage of these changes while staying aware of potential fraud liability. Here's an explanation.
Features
IFA Legal Symposium Tackles Wide Range of Issues
Rarely has the International Franchise Association ('IFA') Legal Symposium, come at a busier time for the franchise industry, as a wide range of legal and business issues are generating change at a rapid rate. The conference, which was held on May 12-13 in Washington, DC, addressed everything from green business practices to new disclosure regulations, and the protection of marks on the Internet to states' efforts to expand their ability to tax franchise activity.
Features
Psychological Fundamentals of Aggressive Custody Litigation
When child custody is contested, there are times when aggressive litigation is unavoidable. In such circumstances, how one approaches the litigation can vary substantially from case to case and from attorney to attorney.
Features
Mandatory Binding Arbitration
In the medical malpractice arena, the decision whether or not to arbitrate a case is an important one. Going through the arbitration process and allowing the case to be determined by an arbitrator or an arbitration panel, rather than trying the case and allowing the outcome to be determined by a civil jury, can have advantages and disadvantages to both the physician and the patient.
Features
Problems with Causation Testimony
Recently, the Georgia Court of Appeals affirmed a directed verdict based on <i>Daubert</i> principles in a shoulder dystocia case. The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support. Here's an analysis of the court's thinking.
Features
e-Speech Is Looking Like Free Speech With More Than Just Some Letters Missing
Recent court decisions, congressional legislation and foreign governmental self-help actions appear to be aimed at transforming the new millennium's icon of free speech ' the Internet ' into a source of semi-free speech.
Features
It Takes More Than A Shingle to Be a Good e-Commerce Attorney
If you've grabbed the brass ring ' or you want to prepare to ' don't rest on your laurels too long. Experienced e-commerce counsel warn colleagues not to let the ever-shifting world of e-commerce catch them unaware. Traits of effective e-commerce counsel, culled from a cadre of some of these experts, follow.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›