Section 79 Planning Opportunities
September 26, 2008
Closely held businesses produce over 50% of the Gross National Product ("GNP"). Less than 50% of these businesses have a continuation plan and almost one-third of these companies (29%) use a buy-sell arrangement to assist in their planning. Buy-Sell agreements are very simple tools that over the years have grown to meet increasing needs of closely held businesses.
Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions
September 26, 2008
In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.
Second Circuit Addresses Collective Scienter
September 26, 2008
The Second Circuit recently issued an important decision in <i>Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc.,</i> which has significant implications for securities class action litigation and the continuing fallout from the crisis in the credit markets. The decision addressed the issue of collective scienter, or whether a corporation can commit securities fraud when none of its individual agents acted with fraudulent intent.
The Financial State of the Automotive Industry
September 24, 2008
Despite all the recent media attention focused on bankruptcy concerns among the domestic three automakers, we do not anticipate any domestic OEM filing for bankruptcy protection. However, we anticipate increased bankruptcy activity within the supplier base in the latter part of 2008 and into 2009.
LAW FIRM MARKETING AND DIVERSITY
August 29, 2008
LAW FIRM MARKETING AND DIVERSITY continues the discussion from our last column. Women and minority lawyers will enrich our services to in-house counsel because they bring multiple perspectives to bear on so many legal issues. After all, there is alot more involved than writing briefs and inking contracts. My AGC colleague may still disagree with the benefits underscored in this and the previous column, but by having an open discussion, you have gone a long…
GIVING 'TIL IT HURTS<i>Developing a Firm Giving Policy</i>
August 28, 2008
There is no firm in business today that isn't inundated regularly by requests for contributions, whether they are for charitable, community or political causes. For the community-minded firm, the requests can be overwhelming, as is the feeling that you do indeed want to help the organization requesting your help. But how can you serve your community ' and frequently, your firm ' without hurting your own firm's budget and community relations? You can say yes'
Can MySpace Suits Can the Spam?
August 28, 2008
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
Social Networking May Pay Off in the End
August 28, 2008
For all their hype, social-networking Web sites are just glorified directories ' the 21st-Century version of the phone book or the legal directory. But unlike their forebearers, these directories give you far more control, helping you tailor your listing and manage your network in ways no traditional directory ever could. Some people question the value of professional networking sites, given that a critical mass has yet to join them. But to my mind, avoiding social networking until it becomes widespread makes no more sense than waiting to launch a blog until everyone else has one. Would you rather lead the pack or trail behind it?
Keeping Up with Online Brand and Other Related Scams and Frauds
August 28, 2008
There can be little doubt in today's world that the Internet offers new ways to do old things. We can now work more efficiently, conduct financial business, enjoy recreational reading, socialize and perform a host of other tasks ' all online. Yet, this same Internet has provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users.
