Making Your Merger a Success
This article is a compendium of the author's 30 years' experience in law firm consulting and specifically law firm mergers.
Understanding Landlords' 'Self-Help' Rights
Most states have established summary eviction proceedings which, in theory, provide landlords with a more efficient and expedient method of retaking possession than traditional civil litigation.
In the Spotlight: The Rule Against Perpetuities
Variations in the Rule Against Perpetuities ("the Rule") exist as to when and if the Rule applies to preemptive rights, options to purchase and lease renewal options, and the law continues to evolve.
Special Issues in Retail Leasing
This article discusses three unique jurisdictional issues relating to remedies, enforceability, and transferability, and explores the positions asserted by both landlords and tenants.
Business Crimes Hotline
More about sentencing in the FCPA Sting trial described in the lead article in this issue.
Features
The Indian Supreme Court's 2G Ruling
The importance of due diligence and anti-bribery compliance programs when companies conduct business in countries that historically present a greater risk of corruption.
Forfeiture: A Primer on Proceeds
The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.
FCPA: Were the Sting Trials Doomed from the Start?
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.
Features
D&O Insurance Issues in Bankruptcy
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
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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 ›
- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›