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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 28

    Albert J. Carroll Joins Morris James’ Business Litigation Practice

    Albert J. Carroll Joins Morris James’ Business Litigation Practice
    Morris James has announced that Albert J. Carroll has joined the Firm’s Business Litigation Group as an associate in its Wilmington office. His practice will focus on Corporate and Commercial Litigation. “Albert’s experience…
Rank this Week: 475

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: 1938

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/
Rank this Week: 6

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: 365

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 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…
  • Jul 28

    Offering Cheaper Service For Your Own Product Than For A Competitor’s? Watch Out For Antitrust Issues!

    Offering Cheaper Service For Your Own Product Than For A Competitor’s? Watch Out For Antitrust Issues!
    The Sixth Circuit will soon be clarifying its standard for so-called “non-explicit” unlawful tying in ­­­­­ Collins Inkjet Corp. v. Eastman Kodak Co., Case No. 14-3306, currently awaiting submission to a…
Rank this Week: 1149

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: 1313

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 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...
  • Jul 29

    Pa. S. Ct.: Contract that is Unenforceable by Statute Does Not Preclude Claim for Quantum Meruit

    Pa. S. Ct.: Contract that is Unenforceable by Statute Does Not Preclude Claim for Quantum Meruit
    The borderland between contract and quasi-contract can be murky. For example: when failure to comply with a statutory requirement makes a contract unenforceable, can a party still recover under a theory of quantum meruit? The Supreme Court of…
  • Jul 29

    Weekly Top Tens from the Social Science Research Network

    Weekly Top Tens from the Social Science Research Network
    SSRN Top Downloads For Contracts & Commercial Law eJournal RECENT TOP PAPERS RankDownloadsPaper Title 1 261 The Privatization of Compliance Scott Killingsworth Bryan Cave LLP 2 189 Beauty and Ugliness in Offer and Acceptance Kenneth K.…
Rank this Week: 356

Bankruptcy News & Analysis

Bankruptcy News & Analysis

Covers Chapter 11 bankruptcy cases.

http://chapter11cases.com/
Rank this Week: 22

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: 3912

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: 131

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: 141

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 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…
  • Jul 28

    Legal Studies Position - Kelley School of Business, Indiana University

    Legal Studies Position - Kelley School of Business, Indiana University
    Earlier today I received an e-mail regarding both tenure-track and non-tenure track (or clinical) positions at The Kelley School of Business at Indiana University. Details available after the break. The following is quoted from the e-mail I…
  • Jul 28

    American Apparel 1, NFL 0

    American Apparel 1, NFL 0
    As many readers (and all of my friends) know, I am a bit of a sports fan. Having been a college athlete (field hockey, at Brown University, for trivia buffs), I focus most of my attention on college games. I...
Rank this Week: 265

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 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…
  • Jul 28

    Eric Orts joins legal blogsphere

    Eric Orts joins legal blogsphere
    My friend Wharton professor Eric Orts has started a blog where he'll be focusing on topics falling into one (or more) of three "buckets": Business Theory. This interest follows my general interest in... [[ This is a content summary only.…
Rank this Week: 108

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 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…
  • Jul 24

    Mass. Governor Signs Bill to Raise Minimum Wage

    Mass. Governor Signs Bill to Raise Minimum Wage
    On June 26, 2014, Governor Deval Patrick signed a bill into law which will raise the hourly minimum wage in Massachusetts for the first time since 2008. As a result of these increases, Massachusetts’ minimum wage will be amongst…
  • Jul 23

    MBBP Client Deborah Halber Publishes First Book

    MBBP Client Deborah Halber Publishes First Book
    Congratulations to MBBP client Deborah Halber on the publication of her first book, The Skeleton Crew: How Amateur Sleuths are Solving America’s Coldest Cases (Simon & Schuster, 2014)! Publishers Weekly calls this “A lively…
Rank this Week: 1393

Antitrust & Competition Policy…

Antitrust & Competition Policy Blog

Edited by D. Daniel Sokol and Shubha Ghosh.

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

    The Market-Participant Exception to State-Action Immunity from Antitrust Liability

    The Market-Participant Exception to State-Action Immunity from Antitrust Liability
    Jarod M. Bona, Bona Law PC and Luke Anthony Wake, National Federation of Independent Business describe The Market-Participant Exception to State-Action Immunity from Antitrust Liability. ABSTRACT: The federal antitrust laws embody fundamental…
  • Jul 29

    The Implied Antitrust Immunity

    The Implied Antitrust Immunity
    Barak Orbach (University of Arizona) describes The Implied Antitrust Immunity. ABSTRACT: In 1963, Richard Posner, then Justice William Brennan’s motivated clerk, drafted for the Supreme Court the iconic United States v. Philadelphia…
  • Jul 29

    Net Neutrality: Is Antitrust Law More Effective than Regulation in Protecting Consumers and Innovation?

    Net Neutrality: Is Antitrust Law More Effective than Regulation in Protecting Consumers and Innovation?
    Bruce M. Owen, Stanford Institute for Economic Policy Research (SIEPR); Stanford University Public Policy Program asks Net Neutrality: Is Antitrust Law More Effective than Regulation in Protecting Consumers and Innovation? ABSTRACT: Hearing…
Rank this Week: 55

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 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…
  • Jul 25

    $650 Million Gift to Study Genetics of Psychiatric Disorder

    $650 Million Gift to Study Genetics of Psychiatric Disorder
    The Chronicle of Philanthropy is commenting on billionaire businessman Ted Stanley's recent $650-million pledge to the Broad Institute to study the genetics of psychiatric disorders. The pledge is one of the largest individual donations ever…
Rank this Week: 487

Business Blog

Business Blog

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

http://www.businesslawnews.com/
  • 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…
  • Jul 25

    Amendments to NY Wage Theft Law Head to Governor’s Desk

    Amendments to NY Wage Theft Law Head to Governor’s Desk
    A bill that would amend New York’s Wage Theft Prevention Act (the “Act”) awaits Gov. Andrew Cuomo’s signature. The changes offer both good news and bad news for New York employers. Originally enacted into law in 2011,…
Rank this Week: 716

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: 2119

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: 4048

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: 752

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: 1520

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: 1140

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 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…
  • Jul 29

    The Peril of an Expectations Gap in Proxy Advisory Firm Regulation

    The Peril of an Expectations Gap in Proxy Advisory Firm Regulation
    Editor's Note: The following post comes to us from Asaf Eckstein of Tel Aviv University-Buchmann Faculty of Law. Over the last few years, Congress and Securities and Exchange Commission (SEC) were put under pressure to seriously consider…
  • Jul 28

    Wachtell Keeps Running Away from the Evidence

    Wachtell Keeps Running Away from the Evidence
    Editor's Note: Lucian Bebchuk is William J. Friedman and Alicia Townsend Friedman Professor of Law, Economics, and Finance and Director of the Program on Corporate Governance, Harvard Law School. This post responds to a Wachtell Lipton…
Rank this Week: 156

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: 926

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/
Rank this Week: 302

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: 163

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 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…
  • Jul 25

    Records Requests and the Caremark Standard At Issue in Delaware

    Records Requests and the Caremark Standard At Issue in Delaware
    Flying somewhat below the radar, the on-going case of Indiana Electrical Workers Pension Trust Fund IBEW v. Wal-Mart Stores Inc. may prove to be one worthy of closer consideration. The case stems from the alleged involvement of Wal-Mart in a…
Rank this Week: 51

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: 4060

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: 1340

The UCL Practitioner

The UCL Practitioner

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

http://www.uclpractitioner.com/
Rank this Week: 381

TheCorporateCounsel.net Blog

TheCorporateCounsel.net Blog

Covers corporate and securities law. By Broc Romanek.

http://www.thecorporatecounsel.net/Blog/
  • 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…
  • Jul 25

    Corp Fin Director Keith Higgins Testifies: State of the Division’s Rulemaking

    Corp Fin Director Keith Higgins Testifies: State of the Division’s Rulemaking
    Yesterday, Corp Fin Director Keith Higgins delivered this testimony before the House Financial Services Committee’s Capital Markets Subcommittee – talking about the state of the Division, with an emphasis on the status of…
Rank this Week: 804

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: 280

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: 233

InhouseBlog

InhouseBlog

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

http://www.inhouseblog.com
  • 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…
  • Jul 25

    The Lawyer Whose Eagle Eye Led to This Week’s Health Law Ruling

    The Lawyer Whose Eagle Eye Led to This Week’s Health Law Ruling
    Months after the Affordable Care Act became law, employment benefits lawyer Thomas Christina paced in his Greenville, S.C., office with its oil portrait of a greenhouse. He was reading the statute to learn its impact on clients. By his…
  • Jul 24

    Insider tips to legal department transformation

    Insider tips to legal department transformation
    For today’s general counsel to have the impact that large businesses have come to expect, they must transform not only their way of thinking, but the very operation of their departments. The post Insider tips to legal department…
Rank this Week: 172

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: 207

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: 1206

Small Business Lawyer Blog

Small Business Lawyer Blog

Covers business transactions and international small business law. By Daniel H. Erskine.

http://smallbusinesslawyer.blogspot.com/
  • Jul 28

    Importing into the US; Made sure to exercise "Reasonable Care"

    Importing into the US; Made sure to exercise "Reasonable Care"
    If your small business is importing goods into the United States check out the US Customs and Broader Protection's Reasonable Care Checklist to help meet your regulatory burden of ensuring reasonable care is exercised when importing…
  • Jul 22

    Small Business Cyber Security for UK Small Businesse

    Small Business Cyber Security for UK Small Businesse
    With the explosion of cloud computing and general internet online activity (think social media) small businesses need to assess their security from business and compliance perspectives. Small businesses in the UK need to be extra vigilant…
  • Jun 26

    Check Out The Intellectual Property Awareness Assessment Tool

    Check Out The Intellectual Property Awareness Assessment Tool
    The United States Patent and Trademark Office hosts an Intellectual Property Awareness Assessment Tool that covers the following categories: "IP Strategies & Best Practices[;] International IP Rights[;] IP Asset Tracking[;] Licensing…
Rank this Week: 2643

Startup Law Blog

Startup Law Blog

Covers legal and regulatory developments in startup, securities law and regulation. By Joe Wallin.

http://www.startuplawblog.com/
  • Jul 28

    The Ins and Outs of Crowdfunding Your Startup

    The Ins and Outs of Crowdfunding Your Startup
    A new state law signed earlier this year opens crowdfunding to ordinary investors, making it easier for startups to sell shares to raise money. Now you have the opportunity to get the latest updates from the state legislator, regulators,…
  • Jun 29

    Is Title III Equity Crowdfunding Going to Work?

    Is Title III Equity Crowdfunding Going to Work?
    I was invited to appear on HuffPost TV the other day, to talk about crowdfunding. The conversation quickly turned into a discussion of the potential negatives of crowdfunding, and the risks. Then there was this article in Salon, with the…
  • Jun 27

    How to Design for Human

    How to Design for Human
    by Bryce Merrill, SVP Fast Pitch Marketing Team The first SVP Fast Pitch Jumpstart Workshop, “How to Design for Humans” took place at Impact Hub Seattle on Wednesday, June 11. The Jumpstart Workshop series is…
Rank this Week: 2217

Startup Law Blog

Startup Law Blog

Covers legal issues and public policy issues relating to startup companies. By Joe Wallin.

http://www.startuplawblog.com/
  • Jul 28

    The Ins and Outs of Crowdfunding Your Startup

    The Ins and Outs of Crowdfunding Your Startup
    A new state law signed earlier this year opens crowdfunding to ordinary investors, making it easier for startups to sell shares to raise money. Now you have the opportunity to get the latest updates from the state legislator, regulators,…
  • Jun 29

    Is Title III Equity Crowdfunding Going to Work?

    Is Title III Equity Crowdfunding Going to Work?
    I was invited to appear on HuffPost TV the other day, to talk about crowdfunding. The conversation quickly turned into a discussion of the potential negatives of crowdfunding, and the risks. Then there was this article in Salon, with the…
  • Jun 27

    How to Design for Human

    How to Design for Human
    by Bryce Merrill, SVP Fast Pitch Marketing Team The first SVP Fast Pitch Jumpstart Workshop, “How to Design for Humans” took place at Impact Hub Seattle on Wednesday, June 11. The Jumpstart Workshop series is…
Rank this Week: 2013

Corporate Social Responsibility…

Corporate Social Responsibility and the Law

Covers corporate governance, human rights, trade and transparency. By Foley Hoag LLP.

http://www.csrandthelaw.com
  • Jul 28

    Alien Tort Case Developments: Fourth and Eleventh Circuits Apply Kiobel’s “Touch and Concern” Standard

    Alien Tort Case Developments: Fourth and Eleventh Circuits Apply Kiobel’s “Touch and Concern” Standard
    In the last month, two federal appellate courts have issued decisions in cases filed against U.S.-based corporations pursuant to the Alien Tort Statute (“ATS”). Both courts applied the “touch and concern” standard…
  • Jul 9

    Transparency and Human Trafficking: Is Your Company Prepared?

    Transparency and Human Trafficking: Is Your Company Prepared?
    Companies increasingly face expectations that they will “know and show” that they are taking appropriate steps to manage the human rights impacts associated with their business activities. New transparency requirements on issues…
  • Jul 9

    Transparency and Human Trafficking: Is Your Company Prepared?

    Transparency and Human Trafficking: Is Your Company Prepared?
    Companies increasingly face expectations that they will “know and show” that they are taking appropriate steps to manage the human rights impacts associated with their business activities. New transparency requirements on issues…
Rank this Week: 2750

Canadian M&A Perspectives

Canadian M&A Perspectives

Covers developments in private and public mergers and acquisitions, and private equity. By McCarthy Tetrault.

http://www.canadianmergersacquisitions.com
  • Jul 28

    Pay Me Now: Court of Appeal Delivers Lessons on fiduciary duties, the business judgment rule, and executive compensation

    Pay Me Now: Court of Appeal Delivers Lessons on fiduciary duties, the business judgment rule, and executive compensation
    By McCarthy Tétrault LLP The following post on the Canadian Appeals Monitor blog may be of interest to readers of this blog: Pay Me Now: Court of Appeal Delivers Lessons on fiduciary duties, the business judgment rule, and executive…
  • Jun 17

    The Ontario Court Revisits Fairness Opinion

    The Ontario Court Revisits Fairness Opinion
    By Graham Gow, Jonathan Grant, Andrew Parker and Matthew Cumming As we described in a previous blog post, the Ontario Court released a decision in March (Champion Iron Mines Limited) in which it held that a fairness opinion that does not…
  • May 22

    More on “Golden Leash” Arrangement

    More on “Golden Leash” Arrangement
    Institutional investor organization urges SEC to require disclosureBy Deandra Schubert and Shane C. D'Souza The debate about so-called “golden leash” arrangements has picked up again. The Council of Institutional Investors…
Rank this Week: 1663

Canadian Appeals Monitor

Canadian Appeals Monitor

Covers upcoming and decided appeals of interest to Canadian businesses and professions. By McCarthy Tétrault LLP

http://www.canadianappeals.com
Rank this Week: 1822

Knudsen Law Firm Blog

Knudsen Law Firm Blog

Covers legal issues in Nebraska.

http://www.knudsenlaw.com/our-blog/
  • Jul 28

    New Executive order prohibits LGBT discrimination by federal contractor

    New Executive order prohibits LGBT discrimination by federal contractor
    Last week,  President Obama issued an Executive Order prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity. Federal contractors or federally-assisted contractors and subcontractors…
  • Jul 28

    Updates to F-Tags in State Operations Manual

    Updates to F-Tags in State Operations Manual
    The Centers for Medicare and Medicaid Services (CMS) has made revisions to twenty F-Tags in the State Operations Manual (SOM).  The changes reflect the Survey and Certification (S&C) policy memos issued from October 2003 through May…
  • Jul 8

    Auto-enrollment for ACA Consumers Proposed

    Auto-enrollment for ACA Consumers Proposed
    The Department of Health and Human Services recently proposed a rule whereby those who signed up for insurance coverage through the Affordable Care Act’s State and Federal exchanges would be automatically re-enrolled for coverage in…
Rank this Week: 4152

Compliance Building

Compliance Building

Covers compliance and business ethics. By Doug Cornelius.

http://www.compliancebuilding.com
  • 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…
  • Jul 25

    Compliance Bricks and Mortar for July 25

    Compliance Bricks and Mortar for July 25
    These are some of the compliance-related stories that recently caught my attention. What an Employment Lawyer Can Learn From Minecraft (or Not) by Daniel Schwartz in the Connecticut Employment Law Blog Minecraft is teaching a whole generation…
Rank this Week: 348

PVW Tax & Business Law Blog

PVW Tax & Business Law Blog

Covers issues that concern business entities, taxation, and employment law. By Parsonage Vandenack Williams LLC.

http://www.pvwtaxandbusinesslaw.wordpress.com/
  • Jul 28

    What Royalties Are Owed to a Franchisor?

    What Royalties Are Owed to a Franchisor?
    A Video FAQ with Mark A. Williams. A franchisor is only owed the royalties that are set forth in your franchise agreement. Typically those royalties are going to be a percentage of sales (gross sales that you make). If you…Read more…
  • Jul 28

    Nebraska Secretary of State’s Office Will Now Accept Amended Biennial Reports at Any Time

    Nebraska Secretary of State’s Office Will Now Accept Amended Biennial Reports at Any Time
    Effective July 18, the Nebraska Secretary of State’s office will allow Nebraska LLCs to correct or amend their biennial reports at any time. As a result, LLCs will be able to update public records containing their business addresses…
  • Jul 23

    What Happens When My Franchise Agreement Terminates?

    What Happens When My Franchise Agreement Terminates?
    A Video FAQ with Mark A. Williams. When your franchise agreement terminates you have to stop doing business. That is the first and foremost thing. Whatever the brand or system that came with that franchise, you need to stop doing…Read…
Rank this Week: 3433