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Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Jul 30

    Modest Reflections on the State of Delaware Litigation

    Modest Reflections on the State of Delaware Litigation
    Authored By Edward Mcnally This article was originally published in the Delaware Business Court Insider | July 30, 2014 Delaware’s courts are going through a period of rapid change. While it is too early to decide…
Rank this Week: 489

DealBook

DealBook

Covers mergers and acquisitions, investment banking, IPOs, private equity, hedge funds, venture capital and law. From The New York Times.

http://dealbook.nytimes.com/
  • Jul 30

    In Hedge Fund, Argentina Finds Relentless Foe

    In Hedge Fund, Argentina Finds Relentless Foe
    A court has ruled that unless Argentina settles a debt dispute with a hedge fund, it is barred from paying its main bondholders.
  • Jul 30

    G.E.’s Retail Finance Arm Raises $2.9 Billion in I.P.O.

    G.E.’s Retail Finance Arm Raises $2.9 Billion in I.P.O.
    The business, now known as Synchrony Financial, priced its shares at $23 each, at the low end of its expected price range. That values the newly independent company at $19.1 billion.
  • Jul 30

    Former Top Spokesman for N.Y.S.E. to Join Public Relations Firm

    Former Top Spokesman for N.Y.S.E. to Join Public Relations Firm
    Robert Rendine, who was the top spokesman for the parent of the New York Stock Exchange until late last year, will be joining Sard Verbinnen & Company as a managing director on Sept. 15.
Rank this Week: 4

NC Business & Banking Law Blog

NC Business & Banking Law Blog

Legal news and analysis on matters affecting financial institutions and other businesses, with an emphasis on North Carolina. By Matt Cordell.

http://bizlawnc.com/
  • Jul 30

    Is Bank Regulatory Relief Gaining Momentum?

    Is Bank Regulatory Relief Gaining Momentum?
    Banks have been pleading with Congress for regulatory relief for as long as I can recall.  (For example, before the ink on the Dodd-Frank Act was dry, bankers were warning of the harmful effects of the cumulative regulatory burdens…
  • Jul 21

    New N.C. Statute Gives Lenders More Options When Developers Default

    New N.C. Statute Gives Lenders More Options When Developers Default
    Lenders now have a bit more to think about when making a loan to a developer of a planned community.   A few days ago, the General Assembly enacted, and the Governor signed into law, important amendments to the Planned…
  • Jul 4

    New Tax Changes in North Carolina

    New Tax Changes in North Carolina
    July means the start of a new fiscal year for the State of North Carolina, which means some new changes to the tax code become effective.  Below are brief descriptions of some of the key changes:Elimination of Back to School (August)…
Rank this Week: 2454

Nonprofit Law Prof Blog

Nonprofit Law Prof Blog

Covers federal and state laws and cases affecting non-profits. Edited by David A. Brennen, Darryll K. Jones, Johnny Rex Buckles, John D. Colombo, Susan N. Gary, Vaughn E. James, Thomas A. Kelley III, Lloyd H. Mayer, Nancy A. McLaughlin, Nicholas A. Mirkay, Karla W. Simon, Sophie E. Smyth, Alice M. Thomas, Elaine Waterhouse Wilson, and Miranda Perry Fleischer.

http://lawprofessors.typepad.com/nonprofit/
  • Jul 30

    The National Taxpayer Advocate Isn't Happy with EO but the Form 1023 EZ Isn't the Answer

    The National Taxpayer Advocate Isn't Happy with EO but the Form 1023 EZ Isn't the Answer
    On July 16, the National Taxpayer Advocate released its mid-year report to Congress. The IRS release is here and the report itself is here. Given all that has occurred in the last year in EO, I suppose it is not...
  • Jul 29

    Love from the ABA's The Tax Lawyer (x2!)

    Love from the ABA's The Tax Lawyer (x2!)
    The spring volume of the ABA Tax Section's scholarly journal, The Tax Lawyer (67 The Tax Lawyer 517(2014)), has not one BUT TWO articles on charitable tax issues: Reforming the Taxation of Exempt Organizations and Their Patrons by David S....
  • Jul 28

    Private Foundation investments have almost erased the impact of 2008

    Private Foundation investments have almost erased the impact of 2008
    The 2013 Common Fund/Council on Foundation study of private foundation investments is available here, and it's generally pretty good news. According to a summary article at Chronicle of Philanthropy, private foundation investments grew on…
Rank this Week: 202

InhouseBlog

InhouseBlog

Covers corporate, employment law, environmental, forms, insurance, IP, litigation and more. By Geoffrey G. Gussis.

http://www.inhouseblog.com
  • Jul 30

    Barmageddon: The Biggest Bar Exam Disaster Ever?

    Barmageddon: The Biggest Bar Exam Disaster Ever?
    If graduating from law school with large loans in this job market isn’t stressful enough, news reports indicate significant technical issues may be preventing thousands of bar exams takers from uploading their tests. Is this a…
  • Jul 30

    A return to law firm life for two in-house attorney

    A return to law firm life for two in-house attorney
    Stories abound of Biglaw lawyers making the move to the in-house “promised land”, but for in-house lawyers, a return to law firm life is possible and often brings its own rewards: “It’s not often you see in-house…
  • Jul 29

    12 movies with useful takeaways for lawyer

    12 movies with useful takeaways for lawyer
    Movies transport us. They take us to different times and places, bringing laughter in one moment and tears in the next. But no matter how outlandish the plot, at their core movies examine the human condition. We tell stories about ourselves…
Rank this Week: 256

Hotel Law Blog

Hotel Law Blog

Covers condo hotels, finance, land use, management agreements, and outlooks and trends. By Jim Butler of Jeffer Mangels Butler & Mitchell LLP.

http://hotellaw.jmbm.com/
Rank this Week: 436

MBBP's Good Company

MBBP's Good Company

Covers news, events and developments in business, intellectual property, employment law. By Morse, Barnes-Brown & Pendleton.

http://blogmbbp.wordpress.com
  • Jul 30

    MBBP Event: Unfair Competition and False Advertising

    MBBP Event: Unfair Competition and False Advertising
    On August 12th MBBP is hosting a seminar on Unfair Competition/False Advertising: How the Supreme Court’s recent decisions impact false advertising claims against competitors. The Supreme Court recently issued two decisions, Lexmark…
  • Jul 30

    Consultant or Executive Officer? SEC Brings an Action to Clarify

    Consultant or Executive Officer? SEC Brings an Action to Clarify
    By: Mark Tarallo On July 16, 2014, the United States Securities and Exchange Commission (“SEC”) brought an action against Natural Blue Resources, Inc. (“Natural Blue”), James E. Cohen (“Cohen”) and Joseph…
  • Jul 29

    Biosimilars Developers Watch Closely as FDA Accepts First Biosimilar Application from Sandoz

    Biosimilars Developers Watch Closely as FDA Accepts First Biosimilar Application from Sandoz
    By: David Fazzolare & Joanna Brougher Sandoz, a Novartis Group company, announced on July 24, 2014 that the US Food and Drug Administration (FDA) has accepted for review its application for a biosimilar version of filgrastim. The…
Rank this Week: 494

ContractsProf Blog

ContractsProf Blog

Edited by Franklin G. Snyder, D. A. Jeremy Telman, Nancy S. Kim, Meredith R. Miller, Myanna Dellinger, Jeffrey L. Harrison and Michael Malloy.

http://lawprofessors.typepad.com/contractsprof_blog/
  • Jul 30

    New in Print

    New in Print
    David Crump, Should the Commercial Landlord Have a Duty to Mitigate Damages after the Tenant Abandons? A Legal and Economic Analysis, 49 Wake Forest L. Rev. 187 (2014) Robert W. Emerson, Franchise Contract Interpretation: A Two-Standard…
  • Jul 30

    Valparaiso University Law School Is Hiring!

    Valparaiso University Law School Is Hiring!
    FULL TIME, TENURE TRACK VALPARAISO UNIVERSITY LAW SCHOOL (VULS) is seeking to fill a full-time, tenure track position with someone interested in teaching contracts and business courses. Applications from entry level and experienced teachers…
  • Jul 29

    Not OKCupid!

    Not OKCupid!
    First it was Facebook, now it's OKCupid toying with its users who have no idea that they actually consented to being toyed with when they signed up with the service. Like Facebook, they employ a one-two punch -- they use...
Rank this Week: 123

Antitrust & Competition Policy…

Antitrust & Competition Policy Blog

Edited by D. Daniel Sokol and Shubha Ghosh.

http://lawprofessors.typepad.com/antitrustprof_blog/
  • Jul 30

    The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise?

    The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise?
    Marc Edelman, Zicklin School of Business, Baruch College, City University of New York ask The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise? ABSTRACT: This Article examines why the NCAA…
  • Jul 30

    Luton Buses: Refusal to Supply and the Difficult Path to Economic Tests in Litigation (UK)

    Luton Buses: Refusal to Supply and the Difficult Path to Economic Tests in Litigation (UK)
    Paolo Siciliani, BBC explores Luton Buses: Refusal to Supply and the Difficult Path to Economic Tests in Litigation (UK). ABSTRACT: As appears in this case decided in the UK, refusal to supply cases are subject to a trade-off between…
  • Jul 30

    The Market for Keyword

    The Market for Keyword
    Kfir Eliaz, Brown University and Rani Spiegler, Tel Aviv University discuss The Market for Keywords. ABSTRACT: Can a competitive market implement an ideal search engine? To address this question, we construct a two-sided market model in which…
Rank this Week: 22

Virginia Business Litigation…

Virginia Business Litigation Lawyer Blog

Covers news and updates in business litigation, IP, trademark, copyright law. By BerlikLaw, LLC.

http://www.virginiabusinesslitigationlawyer.com/
  • Jul 30

    Optional Liquidated Damages Clause Held Unenforceable

    Optional Liquidated Damages Clause Held Unenforceable
    Liquidated damages are damages the amount of which has been agreed upon in advance by the contracting parties. When a contract contains a liquidated-damages provision, the amount of damages in the event of a breach is either specified, or a…
  • Jul 10

    Bringing Lawsuit to Stifle Online Criticism Held Ground for Awarding Attorneys' Fee

    Bringing Lawsuit to Stifle Online Criticism Held Ground for Awarding Attorneys' Fee
    Virginia lacks an anti-SLAPP statute, but that doesn't mean filing a frivolous lawsuit focused on eliminating criticism rather than enforcing actual legal rights can't result in being ordered to reimburse the defendant's legal fees. Some…
  • Jun 10

    Virginia's Economic Loss Rule

    Virginia's Economic Loss Rule
    A plaintiff filing a lawsuit usually wants to demand as much money as possible, both for the intimidation value and because in Virginia state court, you cannot recover damages in an amount greater than what you asked for in the complaint,…
Rank this Week: 1444

ProfessorBainbridge.com

ProfessorBainbridge.com

Commentary on law, business, economics and culture. By UCLA School of Law Professor Stephen Bainbridge.

http://www.professorbainbridge.com/professorbainbridgecom/
  • Jul 30

    Will the NLRB's McDonald's Decision Affect How We Teach Agency Law?

    Will the NLRB's McDonald's Decision Affect How We Teach Agency Law?
    The agency chapter of the Business Associations casebook I co-author with Bill Klein and Mark Ramseyer relies heavily on cases involving franchise relationships. Is the franchisee an agent of the... [[ This is a content summary only. Visit my…
  • Jul 29

    Biden: "I Should Have Had One Republican Kid To Go Out And Make Money"

    Biden: "I Should Have Had One Republican Kid To Go Out And Make Money"
    The Washington Free Beacon reports that Vice President Joseph Biden made his audience “burst into laughter” at the Urban League gathering in Cincinnati when he cracked “I should have had one... [[ This is a content summary…
  • Jul 28

    Speed does not kill. So where's my [expletive deleted] autobahn?

    Speed does not kill. So where's my [expletive deleted] autobahn?
    io9: Michigan State Police Lieutenant Gary Megge's current job is to monitor the state's speed limits and speed traps. he's been arguing for smarter, often raised limits, and one quote explains why.... [[ This is a content summary only. Visit…
Rank this Week: 111

Planning Notes

Planning Notes

Covers fundamental concepts relevant to estate planning, business law, real estate law, and tax law. By Cook & Cook.

http://cooklaw.co/blog
  • Jul 30

    What is a Family Limited Partnership?

    What is a Family Limited Partnership?
    A family limited partnership, or FLP, can allow a taxpayer to leverage two federal tax devices in conjunction with a technique known as “discounting” in order to reduce the amount of federal tax imposed at the time of that…
  • Jun 27

    The Aereo Decision & Cloud Computing

    The Aereo Decision & Cloud Computing
    In American Broadcasting Companies, Inc. v. Aereo, Inc. the U.S. Supreme Court recently held that Aereo's service, which converts and subsequently (re)transmits over-the-air television broadcasts in near real time to Aereo's customers via the…
  • May 30

    Congressional Committee Approves Permanent Bonus Depreciation & Charity Bill

    Congressional Committee Approves Permanent Bonus Depreciation & Charity Bill
    Bloomberg BNA on proposed permanent extension of bonus depreciation: The House Ways and Means Committee approved legislation to make bonus depreciation permanent, as well as a number of tax measures related to charitable giving. The…
Rank this Week: 2648

iVLG Business Law Blog

iVLG Business Law Blog

Covers news, strategy and legal services of businesses and entrepreneurs. By inVigor Law Group PLLC.

http://www.invigorlaw.com/blog/
  • Jul 30

    The 5 C’s of Business Lending

    The 5 C’s of Business Lending
    Nearly every business will at some point need to obtain financing to start or grow. While many startups and other businesses will look for investors to fund their business by means of equity investment, most businesses will take on debt…
  • Jul 24

    The Children’s Online Privacy Protection Act and Your Busine

    The Children’s Online Privacy Protection Act and Your Busine
    Are you about to launch a new app with youth appeal? Are you hoping that your new game will trend with tweens? Hold on—you might have to comply with the Children’s Online Privacy Protection Act (COPPA). The government isn’t…
  • Jul 22

    Can LLC Members Pay Themselves a Salary?

    Can LLC Members Pay Themselves a Salary?
    As we’ve discussed in previous posts, the limited liability company (LLC) entity offers a ton of flexibility when organizing the management and economic structure of the company. Because of this flexibility, the LLC has quickly become…
Rank this Week: 2475

Andersen, Tate & Carr, P.C.

Andersen, Tate & Carr, P.C.

Focuses on advice for small businesses and community associations.

http://andersentatecarr.wordpress.com
Rank this Week: 844

Business Law Prof Blog

Business Law Prof Blog

Edited by C. Steven Bradford, Joshua P. Fershee, J. Haskell Murray, Marcia L. Narine, Stefan J. Padfield and Anne Tucker.

http://lawprofessors.typepad.com/business_law/
  • Jul 30

    Recent U.S./Foreign Mergers Motivated by Tax Incentive

    Recent U.S./Foreign Mergers Motivated by Tax Incentive
    There is a new face on an old problem — American companies “moving” overseas in part to avoid U.S. taxes — that has increased in popularity in the last several years and recently gained political attention. Last week President…
  • Jul 30

    Guidebook App for Conference

    Guidebook App for Conference
    While I will miss my friends at the wonderful SEALS conference, I am excited to be attending and presenting at the Academy of Legal Studies in Business (ALSB) conference in Seattle next week. For the ALSB conference, the organizers have...
  • Jul 29

    Women, American Apparel, and the Danger of Advocating for Diversity

    Women, American Apparel, and the Danger of Advocating for Diversity
    This week, two of my co-bloggers shared some great insights on the revamped American Apparel board of directors. See Marcia Narine quoted in The Guardian article American Apparel adds its first woman to revamped board of directors; Joan…
Rank this Week: 86

In-house Access

In-house Access

Covers corporate counsel best practices. By the Association of Corporate Counsel.

http://www.inhouseaccess.com/
  • Jul 30

    Ready to Run a Proce

    Ready to Run a Proce
    Guest Blogger: Dave Sampsell has been a lawyer for 20 years and is general counsel of Digi International Inc. (NASDAQ:  DGII). He is also founder and principal of BanyanRFP.com. It’s been strongly suggested the legal…
  • Jul 21

    Why Do the Redskins Matter? — It’s All in the Name

    Why Do the Redskins Matter? — It’s All in the Name
    If you’re a fan of the National Football League (NFL) or of decisions passed down by the US Patent and Trademark Office (USPTO), then you’ve probably heard: the Trademark Trial and Appeal Board canceled six federal trademark…
  • Jun 24

    The Need for a Personal General Counsel

    The Need for a Personal General Counsel
    Guest Blogger: Anthony Palazzo is in-house litigation counsel for a private company in Durham, N.C. Palazzo is also a member of the ACC Research Triangle Area Chapter. Governor Christie appointed his long-time friend and legal counsel David…
Rank this Week: 1120

Footnoted

Footnoted

Reports on actionable information in SEC filings.

http://www.footnoted.com/
  • Jul 30

    Family Dollar: There’s no penny-pinching when it comes to CEO payout

    Family Dollar: There’s no penny-pinching when it comes to CEO payout
    In a recovering economy, Dollar Tree Inc.’s decision to acquire Family Dollar Stores Inc. may have been aimed at keeping competition at bay, as other discount retailers view for the same market of penny-pinching consumers. But there…
  • Jul 17

    Irony alert: A One-Time Benefit That’s Actually Three Time

    Irony alert: A One-Time Benefit That’s Actually Three Time
    The irony that we often see in SEC filings may go largely unnoticed by most. But here at footnoted, we try to keep a close eye on that. Much of this we point out via our twitter feed (see here and here and here for a few recent examples). But…
  • Jul 16

    A downgrade to first class for ex-Ford CEO

    A downgrade to first class for ex-Ford CEO
    During his tenure at Ford Motors, Alan Mulally often flew the corporate jet. Now, as a Google director it's first-class.
Rank this Week: 4487

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Jul 30

    Tales of Hoffman: Postmortem Planning for Actor’s Estate

    Tales of Hoffman: Postmortem Planning for Actor’s Estate
    The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us. Court documents in probate proceedings for Hoffman reportedly indicate that he…
  • Jul 28

    Avoid Apple’s Legal Headaches Over Final Paycheck

    Avoid Apple’s Legal Headaches Over Final Paycheck
    In the recently certified class action against Apple for wage and hour law violations, one of the plaintiffs’ allegations is that employees who quit or were dismissed weren’t given final paychecks in a timely manner as required by…
  • Jul 25

    Should You Take on a Client Who’s Forming a Nonprofit?

    Should You Take on a Client Who’s Forming a Nonprofit?
    You get a call from a potential client who wants to set up a new nonprofit organization. Here are some questions to ask before you commit to the task. The first thing to do when asked to set up a nonprofit is to gather enough information to…
Rank this Week: 2469

Sixth Circuit Appellate Blog

Sixth Circuit Appellate Blog

Covers news about and opinions issued by the U.S. Court of Appeals for the sixth Circuit with an emphasis on business cases. By Squire Sanders.

http://www.sixthcircuitappellateblog.com/
  • Jul 30

    Oral Argument Postponed in Detroit Bankruptcy Appeal

    Oral Argument Postponed in Detroit Bankruptcy Appeal
    As we expected might happen in light of the Court’s previous order, the parties in the Detroit bankruptcy appeal agreed to postpone oral argument.  In a letter to the parties, however, Judge Gibbons wrote that the appeals…
  • Jul 29

    Sixth Circuit Reverses Exclusion of Expert Testimony

    Sixth Circuit Reverses Exclusion of Expert Testimony
    A divided panel of the Sixth Circuit held today in Lee v. Smith & Wesson Corp. that a district court abused its discretion in excluding testimony from the plaintiff’s expert that contradicted the injured plaintiff’s own…
  • Jul 28

    Oral Argument on Detroit Bankruptcy Postponed In Part

    Oral Argument on Detroit Bankruptcy Postponed In Part
    Last Friday, the Sixth Circuit postponed oral argument in some of the pending cases in the appeal from the bankruptcy judge’s decision that Detroit was entitled to creditor protection under Chapter 9 of the U.S. Bankruptcy Code and…
Rank this Week: 1383

Compliance Building

Compliance Building

Covers compliance and business ethics. By Doug Cornelius.

http://www.compliancebuilding.com
  • Jul 30

    Meet the SEC Whistleblower

    Meet the SEC Whistleblower
    Since the Securities and Exchange Commission set up its whistleblower program in 2011, 6500 people have stepped forward as “whistleblowers.” Maxwell Murphy of the Wall Street Journal made a Freedom of Information Act request to…
  • Jul 28

    How Do You Exit a Ponzi Scheme?

    How Do You Exit a Ponzi Scheme?
    It looks like Bernie Madoff was $45 billion short of funds in his “investment strategy.” How was he ever going to get out of this? The original Ponzi schemer, Charles Ponzi, seems to think he could get out of his situation, at…
  • Jul 26

    Weekend Reading: Busted

    Weekend Reading: Busted
    What do you do when the whistleblower sitting in front of you is an unreliable drug addict? Maybe you see some nugget of truth in the story. Maybe you see some way to find reliable evidence that proves that nugget of truth. Wendy Ruderman and…
Rank this Week: 408

Business Blog

Business Blog

Covers business law, labor & employment, real estate and securities and finance topics. By Scarinci Hollenbeck.

http://www.businesslawnews.com/
  • Jul 30

    New York Passes Intern Legislation: Is New Jersey Next?

    New York Passes Intern Legislation: Is New Jersey Next?
    While interns were once considered “free” labor, they now increasingly come to the workplace with a host of legal obligations. In New York, Gov. Andrew Cuomo recently signed legislation that amends the New York Human Rights Law to…
  • Jul 29

    Succession to Family Owned Businesse

    Succession to Family Owned Businesse
    We have seen a number of instances where some of the children of business owners are involved in the running of the family business, while other children have either chosen to work elsewhere or were not given the opportunity to participate in…
  • Jul 28

    LGBT Workers Gain Rights Under Presidential Executive Order

    LGBT Workers Gain Rights Under Presidential Executive Order
    Studies show that more than 40 percent of lesbian, gay, and bisexual workers have suffered employment discrimination due to their sexual orientation. Moreover, 90 percent of transgender employees have experienced harassment, mistreatment, or…
Rank this Week: 761

The Harvard Law School Corporate…

The Harvard Law School Corporate Governance Blog

Covers boards of directors, corporate elections, executive compensation, practice insights, legal developments, securities regulation, and Sarbanes-Oxley. Sponsored by the HLS Corporate Governance Program.

http://blogs.law.harvard.edu/corpgov
  • Jul 30

    What Is a Board’s Role in a Family Business?

    What Is a Board’s Role in a Family Business?
    Editor's Note: The following post comes to us from Dan Ryan, Chairman of the Financial Services Regulatory Practice at PricewaterhouseCoopers LLP, and is based on a PwC publication by Catherine Bromilow and John Morrow; the complete…
  • Jul 30

    Do Banks Always Protect Their Reputation?

    Do Banks Always Protect Their Reputation?
    Editor's Note: The following post comes to us from John Griffin and Richard Lowery, both of the Department of Finance at the University of Texas at Austin, and Alessio Saretto of the Finance Area at the University of Texas at Dallas. A…
  • Jul 29

    SEC Guidance May Lessen Investment Adviser Demand for Proxy Advisory Service

    SEC Guidance May Lessen Investment Adviser Demand for Proxy Advisory Service
    Editor's Note: Holly J. Gregory is a partner and co-global coordinator of the Corporate Governance and Executive Compensation group at Sidley Austin LLP. This post is based on a Sidley update. Recently issued SEC staff guidance addresses…
Rank this Week: 120

TheCorporateCounsel.net Blog

TheCorporateCounsel.net Blog

Covers corporate and securities law. By Broc Romanek.

http://www.thecorporatecounsel.net/Blog/
  • Jul 30

    Chamber Releases Disclosure Effectiveness Recommendation

    Chamber Releases Disclosure Effectiveness Recommendation
    Yesterday, the U.S, Chamber of Commerce’s Center for Capital Markets Competitiveness released a set of recommendations for the SEC as the agency considers how to make disclosure more effective.  The report contains both near-term…
  • Jul 29

    Is the JOBS Act’s IPO On-Ramp Working?

    Is the JOBS Act’s IPO On-Ramp Working?
    As we rapidly approach the August doldrums for capital markets activity, the good news is that 2014 has been a very strong year for the IPO market.  As noted in this Morrison & Foerster blog by Nilene Evans, we experienced the…
  • Jul 28

    Document-Comparison Etiquette: A Lively “Redlining” Dialogue

    Document-Comparison Etiquette: A Lively “Redlining” Dialogue
    The numerous comments after this short “Adams Drafting” blog about high-stakes redlining practices is a dialogue that only a lawyer could love. Check it out. You can tell I’ve been “banking” this particular blog…
Rank this Week: 284

The Race to the Bottom

The Race to the Bottom

A faculty-student collaboration on corporate governance. By Professor J. Robert Brown, Jr.

http://www.theracetothebottom.org/
  • Jul 30

    Staff Guidance, Accredited Investors, and "Reasonable Steps": Rewriting the Safe Harbor for Income Verification

    Staff Guidance, Accredited Investors, and "Reasonable Steps": Rewriting the Safe Harbor for Income Verification
    Rule 506(c) allows issuers to market private placements through general solicitations. They must, however, take "reasonable steps" to make certain that they sell only to accredited investors. The rule provides some non-exclusive safe harbors…
  • Jul 29

    Staff Guidance, Accredited Investors, and Civil Union

    Staff Guidance, Accredited Investors, and Civil Union
    CorpFin put out some staff interpretations of the standards for accredited investors. They are dated July 3, 2014 and can be found here.   The definition of accredited investor in Rule 501 of Regulation D (17 C.F.R. 230.501) provides a…
  • Jul 28

    Market Structure Reform and the SEC (Part 2)

    Market Structure Reform and the SEC (Part 2)
    Professor Coffee, in his piece in the Columbia CLS Blue Sky Blog, High Frequency Trading Reform: The Short Term and the Longer Term, raises structural concerns with the market and asserts that the SEC has been slow to implement…
Rank this Week: 105

The D & O Diary

The D & O Diary

News and commentary on Directors and Officers Liability. By Kevin M. LaCroix.

http://www.dandodiary.com/
Rank this Week: 135

The UCL Practitioner

The UCL Practitioner

Covers California's Unfair Competition Law. By Kimberly A. Kralowec.

http://www.uclpractitioner.com/
Rank this Week: 95

California Corporate & Securities…

California Corporate & Securities Law

Covers California securities law, corporate governance, mergers & acquisitions and securities litigation. By Keith Paul Bishop.

http://calcorporatelaw.com/
  • Jul 30

    I Find More Confusion On Tallying Vote

    I Find More Confusion On Tallying Vote
    I recently came across the following vote tally in Item 5.07 of Form 8-K: 73,197,209 votes for (28.9% of the voted shares) 177,776,280 votes against (70.2% of the voted shares) 2,113,797 abstentions (0.8% of the voted shares) 26,725,569…
  • Jul 29

    The Franchise Tax Board’s Doing Business Legal Ruling – Ex Nihilo, Aliquid Fit

    The Franchise Tax Board’s Doing Business Legal Ruling – Ex Nihilo, Aliquid Fit
    Today’s post will try to put the Franchise Tax Board’s recent Legal Ruling 2014-01 in perspective by imagining the following inquisition by the Franchise Tax Board: FTB: We suspect that you are doing business in…
  • Jul 28

    SB 1272 (NKA Proposition 49) – The Secretary of State’s Pretend Invitation

    SB 1272 (NKA Proposition 49) – The Secretary of State’s Pretend Invitation
    Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature.  To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect…
Rank this Week: 391

Conglomerate

Conglomerate

Covers business, law, economics and society. By Professors Gordon Smith, Christine Hurt, Lisa Fairfax, David Zarin, Usha Rodrigues, and Erik Gerding

http://www.theconglomerate.org/
Rank this Week: 17

Houston's Clear Thinkers

Houston's Clear Thinkers

Observations on developments in law, business, medicine, culture, sports, and other matters of general interest to the Houston business, professional, and academic communities. Published by Houston attorney Tom Kirkendall.

http://blog.kir.com/
Rank this Week: 107

Michigan Bankruptcy Lawyer Mike…

Michigan Bankruptcy Lawyer Mike Shovan

Covers filing bankruptcy in Michigan.

http://bankruptcy-in-michigan.com/
  • Jul 29

    Finally: The Feds Announce Rules to Make Colleges Tell the Truth About Student Loans!!!

    Finally: The Feds Announce Rules to Make Colleges Tell the Truth About Student Loans!!!
    New federal rules that penalize colleges for excessive student loan defaults offer a powerful incentive for schools to educate students on the complexities of the federal student loan program, including the crucial fact that they can delay or…
  • Jul 29

    More Than 1/3 of All Americans are Delinquent on Their Debt?

    More Than 1/3 of All Americans are Delinquent on Their Debt?
    A study released today by the Urban Institute found that 35 percent of Americans have debt in collections, USA Today reported today. The study, which analyzed the credit files of 7 million Americans, found that Southern states…
  • Jul 24

    WILL DETROIT MAKE IT AFTER BANKRUPTCY?

    WILL DETROIT MAKE IT AFTER BANKRUPTCY?
    As reported on mlive by Mike Wilkinson of Bridge Magazine, serious questions remain as to whether Detroit will be able to survive its historic Chapter 9 Bankruptcy. Detroit has the distinction of the murder capital of the U.S. and is also the…
Rank this Week: 2279

Blawgletter

Blawgletter

Offers business trial law with a sense of humor. By Barry Barnett.

http://blawgletter.typepad.com/bbarnett/
  • Jul 29

    Annals of Oil and Gas: "Free of All Costs and Expenses" Clause in Lease Applies If No Costs Exist

    Annals of Oil and Gas: "Free of All Costs and Expenses" Clause in Lease Applies If No Costs Exist
    Big victory for big oil . . . and big gas The Fifth Circuit handed a large win today to oil and gas lessees in the Lone Star State. The key part of the lease in question provided (with our...
  • Jul 27

    Firms Can Hide Routine Probe Details by Using Lawyers, D.C. Circuit Hold

    Firms Can Hide Routine Probe Details by Using Lawyers, D.C. Circuit Hold
    A happy outcome for counsel All you in-house lawyers out there might want to raise a hearty cheer for the D.C. Circuit. Outside counsel may want to clap also. For a panel of the appeals court held in In re...
  • Jul 16

    Ignoring Judges' Advice

    Ignoring Judges' Advice
    CLE Panels of Judges Have you noticed how many continuing legal education programs feature "judges panels" and urge you to attend so their honors can instruct you in how to win your next case? A blurb about an upcoming…
Rank this Week: 127

The High-touch Legal Services Blog

The High-touch Legal Services Blog

Provides information about the law for startup and early-stage companies. By Dana H. Shultz.

http://danashultz.com/blog
  • Jul 29

    A DBA is not a Legal Entity

    A DBA is not a Legal Entity
    This post is based on a question that I answered on Avvo. The question illustrates a common misunderstanding concerning DBAs. (DBA is an abbreviation for “doing business as” – i.e., a fictitious business name.) The…
  • Jul 15

    Can I Walk Away from My Suspended LLC?

    Can I Walk Away from My Suspended LLC?
    This post addresses a question that arises frequently from founders of California limited liability companies that have been suspended: Can I walk away from my suspended LLC? A suspended LLC is the result of a founder who has neglected to…
  • Jul 2

    What Does Non-binding Mean and Why Should I Care?

    What Does Non-binding Mean and Why Should I Care?
    This post discusses the meaning of non-binding with respect to a letter of intent (LOI) or a memorandum of understanding (MOU). (Non-binding has a similar meaning in other legal contexts, such as legislation or arbitration, but I will not…
Rank this Week: 723

Bankruptcy News & Analysis

Bankruptcy News & Analysis

Covers Chapter 11 bankruptcy cases.

http://chapter11cases.com/
Rank this Week: 223

ACA Review

ACA Review

Covers labor and employment, tax, employee benefits and healthcare law issues associated with the Affordable Care Act. By Balch & Bingham LLP.

http://www.acareview.com/
  • Jul 29

    Administering the Look-Back Measurement Method

    Administering the Look-Back Measurement Method
    We have been warning that employers will need months of advance planning and an automated process to use the ACA’s “look-back measurement method” to identify the full-time employees who will be entitled to an offer of…
  • Jul 29

    Employee Misclassification Pitfall

    Employee Misclassification Pitfall
    As we have discussed in prior posts, many employers are looking at ways to restructure their workforces due to the ACA.  In addition to ACA issues, a worker who has been misclassified can have negative consequences on the…
  • Jul 25

    Draft IRS ACA Forms Now Online

    Draft IRS ACA Forms Now Online
    On July 24, 2014, the IRS posted preliminary, unofficial drafts of forms that the ACA compels employers, plan administrators and employees to file, inter alia, to certify coverages offered and provided to employees in 2015.  They…
Rank this Week: 4535

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Jul 29

    IP norms and a bit on IRB

    IP norms and a bit on IRB
    Via Jason Schultz in Jotwell, I learned of a great new paper by Julia Bauer et al. on community norms about copying and anticopying enforcement in the Threadless (crowdsourced T-shirt) community.  There are many interesting results,…
  • Jul 29

    Music you can't get in a library

    Music you can't get in a library
    Planning for musical obsolescence: How digital licensing is destroying our ability to preserve history. Excerpt:When one goes to the LA Philharmonic site about this recording of Symphonie Fantastique and tries to purchase it, one is directed…
  • Jul 28

    court says Lexmark doesn't change trademark harm standard

    court says Lexmark doesn't change trademark harm standard
    Reynolds Consumer Prods. Inc. v. Handi-Foil Corp., No. 1:13–CV–214, 2014 WL 3615853 (E.D. Va. July 18, 2014)A jury found Handi-Foil liable for willful infringement of Reynolds’ unregistered trade dress, but in favor of…
Rank this Week: 67

Small Government Contracts Blog

Small Government Contracts Blog

Offers legal news, notes and commentary of interest to small government contractors. By Steven Koprince.

http://smallgovcon.com/
  • Jul 29

    August Events: TX, CA & OK

    August Events: TX, CA & OK
    August will be a very exciting and busy month as I will be speaking at government contracting events in Texas, California and Oklahoma. My first stop is the Government Procurement Conference in Arlington, Texas on August 6.  I will be…
  • Jul 29

    Large Business’s Unmet Subcontracting Goals Result In “Marginal” Score

    Large Business’s Unmet Subcontracting Goals Result In “Marginal” Score
    A large business was appropriately awarded a “Marginal” score for small business participation based on the large business’s history of failing to meet its small business subcontracting goals. In a recent bid protest…
  • Jul 25

    Contracting Officer’s Death Didn’t Waive Claim Requirement

    Contracting Officer’s Death Didn’t Waive Claim Requirement
    A Contracting Officer’s death did not waive the requirement that a contractor file a claim with the agency before bringing its claim to federal court. In a recent decision, the Court of Federal Claims held that a contractor was not…
Rank this Week: 1808

Employers' Lawyers

Employers' Lawyers

Provides best practice tips, checklists and updates designed to keep organizations of all sizes in compliance with federal and state employment laws. By Holland & Hart.

http://www.employerslawyersblog.com/
  • Jul 29

    Options for Hiring Foreign Workers After H-1B Visa Rejection

    Options for Hiring Foreign Workers After H-1B Visa Rejection
    By Roger Tsai The U.S. Citizenship and Immigration Services (USCIS) received about 172,500 H-1B petitions this April for the annual allotment of 85,000 H-1B visas (65,000 in the general H-1B category and 20,000 for those with advanced…
  • Jul 22

    Tips For Curbing Sick Leave Abuse

    Tips For Curbing Sick Leave Abuse
    By Joanna Vilos Your receptionist calls in sick only on Fridays, never other days of the week. Your maintenance man always seems to need to go home early with a sore back on days with home Major League Baseball games. You hear reports that…
  • Jul 17

    New Pregnancy Discrimination Guidance Issued By The EEOC

    New Pregnancy Discrimination Guidance Issued By The EEOC
    By Pamela Howland On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) published a new Enforcement Guidance on Pregnancy Discrimination and its relation to the Americans with Disabilities Act (ADA). In the Guidance, the EEOC…
Rank this Week: 3241

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. By Law Office of David M. Goldman PLLC.

http://www.floridaestateplanninglawyerblog.com/
  • Jul 29

    Dangers of Relying on Joint Accounts for Estate Planning in Florida

    Dangers of Relying on Joint Accounts for Estate Planning in Florida
    Many people see joint accounts as a cheap and easy way to avoid probate, since joint property passes to the join owner at death, but these accounts can actually be quite risky when it comes to estate planning. Joint ownership of accounts can…
  • Jul 28

    Banker Suicides indicate Stress of the Profession.

    Banker Suicides indicate Stress of the Profession.
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised…
  • Jul 18

    Probate: Is it a good idea to give your heirs their inheritance while you are still alive?

    Probate: Is it a good idea to give your heirs their inheritance while you are still alive?
    Planning an estate can be a difficult process, but also a rewarding one because it helps to ensure that a person's heirs will be provided for after he or she dies. Many assume they should wait until after death to convey assets to their…
Rank this Week: 208

Death Care Law Blog

Death Care Law Blog

Covers laws relating to pre-need and death care compliance, serving banks, funeral homes, crematories, and cemetaries. By William Stalter.

http://www.deathcarelaw.com/
  • Jul 29

    The Cassity Reply to Dismissal: Not Without a Pass for My Son

    The Cassity Reply to Dismissal: Not Without a Pass for My Son
    Doug Cassity has filed a motion to modify the order dismissing him from the SDR’s civil lawsuit.  Mr. Cassity asserts that he and his family should be freed of the reign of terror and wrongdoing of the Texas regulators…
  • Jul 27

    Plaintiff’s Star Witness: Doug Cassity

    Plaintiff’s Star Witness: Doug Cassity
    The NPS civil trial is scheduled for trial in February 2015, and the SDR’s strategy took a twist when her litigation team filed a motion to dismiss Doug Cassity as a defendant in the lawsuit.  The dismissal probably signals the…
  • Jul 23

    Talk of a Lifetime: Restarting the Prearrangment Proce

    Talk of a Lifetime: Restarting the Prearrangment Proce
    One message that can be taken from the FAMIC’s Talk of a Lifetime campaign is that funeral directors need to re-think their prearrangement procedures.  Perhaps too much emphasis has been given to preneed, and not enough to the…
Rank this Week: 1450

Vandrew Law Blog

Vandrew Law Blog

Covers asset protection, estate planning, tax law, and small business law.

http://vandrew.com/
  • Jul 29

    Estate Planning & Cognitive Bia

    Estate Planning & Cognitive Bia
    If you’ve ever attended any of my seminars, you know that one of the points I hammer home is that estate planning is the easiest thing in the world on which to procrastinate. None of us thinks we will due anytime soon, so if there is…
  • Jun 12

    Inherited IRAs held by Supreme Court NOT to be Asset Protected

    Inherited IRAs held by Supreme Court NOT to be Asset Protected
    Many of us in the estate planning field have been following Clark v. Rameker, a case regarding Inherited IRAs. Today, the US Supreme Court finally issued its opinion. This case involved a party (Ruth Heffron) declaring bankruptcy. One of the…
  • May 16

    Drafting Wills & Trusts: Class on June 4

    Drafting Wills & Trusts: Class on June 4
    On Wednesday, June 4, I’ll be teaching a continuing education class on estate planning in Atlantic City for attorneys, CPAs, and CFPs. Credit will be given for all three professions. Follow the link below for more info and to register.…
Rank this Week: 2234

Cal Biz Lit

Cal Biz Lit

Covers California litigation issues, including product liability, busines litigation, Proposition 65, Unfair Competition Law, and employment litigation. By Bruce Nye.

http://www.calbizlit.com/cal_biz_lit/
  • Jul 29

    So What the Heck is Happening With Contractual Arbitration in California?

    So What the Heck is Happening With Contractual Arbitration in California?
    CBL is not just about Proposition 65 – it just sometimes seems that way. But the goal here is to provide out-of-state lawyers, general counsel, and other interested parties with some useful information about cutting edge issues facing…
  • May 21

    Attorney General Posts 2013 Proposition 65 Settlement Number

    Attorney General Posts 2013 Proposition 65 Settlement Number
    Every year, Cal Biz Lit eagerly awaits the Attorney General's release of the Alpert report, summarizing the past year's Proposition 65 settlements by defendant and by private party enforcer. CBL hasn't yet figured out who Alpert is, but…
  • Oct 9

    Assembly Bill 227: Proposition 65 Reform or Sausage Making?

    Assembly Bill 227: Proposition 65 Reform or Sausage Making?
    Two different efforts to reform Proposition 65 abuses have fallen flat. As CalBizLit readers know, last May, Governor Brown announced a plan to eliminate a number of abuses of the Safe Drinking Water and Toxic Enforcement Act of 1986.…
Rank this Week: 591

M & A Law Prof Blog

M & A Law Prof Blog

Edited by Brian J.M. Quinn, Afra Afsharipour, and Michael A. Woronoff.

http://lawprofessors.typepad.com/mergers/
  • Jul 29

    Summer of the Inversion, cont'd

    Summer of the Inversion, cont'd
    So, inversions are continuing in rapid fashion. Even Mylan - whose CEO is the daughter of West Virginia Senator and former Governor Joe Manchin (see: "What my daughter did should be illegal") I've been wondering about what is that…
  • Jul 22

    Choi on Earnout

    Choi on Earnout
    You know me. I'm not an earnout fan. They're usually more trouble than they are worth. Nevertheless, Albert Choi has posted a new paper, Facilitating Mergers and Acquisitions with Earnouts and Purchase Price Adjustments. His studies suggests…
  • Jul 16

    Summer of the inversion

    Summer of the inversion
    For those of you trying to catch up on the inversion wave that has swamped the deal world this summer, here's a neat video summary of what they are all about. For those of you who don't have access to...
Rank this Week: 104

On Reserve: A Wine Law Blog

On Reserve: A Wine Law Blog

Covers the history of both international and domestic wine laws and developing legal issues in the wine industry. By Lindsey A. Zahn.

http://www.winelawonreserve.com
  • Jul 29

    The Trademark Battle of Jamieson Ranch Vineyards and Pernod’s Irish Distiller

    The Trademark Battle of Jamieson Ranch Vineyards and Pernod’s Irish Distiller
    In March, Jamieson Ranch Vineyards launched a declaratory judgment suit against Pernod Richard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, in response to the Ranch’s receipt of…
  • Jul 29

    Upcoming Seminars and Opportunities in Wine Law

    Upcoming Seminars and Opportunities in Wine Law
    Two exciting opportunities in wine law are scheduled for the next few months. The first is the Wine and Spirits Law Academy at UC Davis on September 8th, 9th, and 10th. Wine and spirits legal experts from around the world will…
  • Jul 23

    Penfolds: The Unfolding of China’s New Trademark Law

    Penfolds: The Unfolding of China’s New Trademark Law
    A new case that may show the effects of China’s recently updated trademark law made headlines this last week. Treasury Wine Estates reported that the company did not register the Chinese name for Penfolds and is currently engaging in a…
Rank this Week: 4622

Florida International Law Blog

Florida International Law Blog

Covers fraud, international law, immigration and business formation. By Boyer Law Firm, PLLC.

http://boyerlawfirmblog.com/
  • Jul 29

    Am I Eligible for an L1 visa?

    Am I Eligible for an L1 visa?
    L1A visas enable companies to transfer professionals in managerial and executive positions from one of its foreign affiliate offices to an office in the U.S. If the company does not yet have an affiliate office established in the U.S., then…
  • Jul 24

    Florida Business Owners: Meet Tax-Friendly Orlando

    Florida Business Owners: Meet Tax-Friendly Orlando
    According to a report by KPMG International, Orlando, Florida is one of the most tax-friendly major cities in the world, with Tampa, Florida following close behind. This is just one of many reasons why entrepreneurs open Florida businesses.…
  • Jul 21

    Tim Tebow Purchasing Commercial, Residential Property in Jacksonville

    Tim Tebow Purchasing Commercial, Residential Property in Jacksonville
    If you are a college football fan, then you have probably heard of the previous University of Florida quarterback Tim Tebow, who played high school football for Nease High School in Jacksonville, Florida. After a short career in the NFL,…
Rank this Week: 1940

Truth on the Market

Truth on the Market

Commentary on business law, antitrust, and corporate governance by law professors and economists. By Adam Mossoff, Ben Sperry, Eric Helland, Geoffrey Manne, Gus Hurwitz, Larry Ribstein, Mike Sykuta, Paul Rubin and Thom Lambert.

http://truthonthemarket.com/
  • Jul 28

    Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on Apple and Amazon Case

    Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on Apple and Amazon Case
    The Federal Trade Commission’s recent enforcement actions against Amazon and Apple raise important questions about the FTC’s consumer protection practices, especially its use of economics. How does the Commission weigh the costs…
  • Jul 24

    CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST

    CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST
    The Federal Trade Commission’s (FTC) June 23 Workshop on Conditional Pricing Practices featured a broad airing of views on loyalty discounts and bundled pricing, popular vertical business practices that recently have caused much ink to…
  • Jul 18

    Occupational Licensing, Competition, and the Constitution: Prospects for Reform?

    Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
    U.S. antitrust law focuses primarily on private anticompetitive restraints, leaving the most serious impediments to a vibrant competitive process – government-initiated restraints – relatively free to flourish.  Thus the…
Rank this Week: 47