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ProfessorBainbridge.com

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

http://www.professorbainbridge.com/professorbainbridgecom/

May 22
A Weiner tweet

A Weiner tweet

How Long Can Weiner Go? (I got a million of 'em.)pjmedia.com/vodkapundit/20… — Stephen Green (@VodkaPundit) May 22, 2013 [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
May 22
New article by yours truly

New article by yours truly

Stephen M. Bainbridge, "The New Investor Cliffhanger" uclalawreview.org/?p=4584 — UCLA Law Review (@UCLALawReview) May 22, 2013 [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
May 22
Catholic Charities collecting tornado disaster relief fund

Catholic Charities collecting tornado disaster relief fund

Catholic Charities of Oklahoma City announces that: In response to the rash of tornadic activity that central Oklahoma has suffered over the past 48 hours, including the communities of Carney, Moore... [[ This is a content summary only. Visit…

Rank this Week: 76

Gettins' Law

Covers business and franchising law. By Mary Beth Gettins.

http://gettinslaw.com/?page_id=7

May 22
HIPAA Solution

HIPAA Solution

Privacy and Security: Healthcare Providers Preparing for the Perfect Storm. I was approached recently by a Dental Practice. The practice was recently purchased from a retiring dentist. As part of assuming the practice, the new Dentist wished…
May 2
Handling New Deals and Closing Old Busine

Handling New Deals and Closing Old Busine

Over the last several months we have been posting about updating the franchise disclosure document. For many franchisors, the time to update the franchise disclosure document was April 30th. With the deadline for…
Apr 24
Franchisor not liable for Franchisee!

Franchisor not liable for Franchisee!

Copyright (c) 123RF Stock Photos What happens? Consumer trips and falls at a franchise store. Home owner complains that the franchisee’s work is shoddy and wants his money back. Franchisee’s employee alleges a…

Rank this Week: 1961

Protect Your Rights

Covers North Carolina contract and tort law. By Maginnis Law.

http://www.maginnislaw.com

May 22
Cary Franchise Attorney – Overview of North Carolina Franchise Law

Cary Franchise Attorney – Overview of North Carolina Franchise Law

There are significant benefits to operating a franchise. Franchisors use other people’s money to expand the business. Franchise fees and ongoing royalties allow franchisors to grow without sacrificing control. The influx of capital…
May 22
Civil Battery and Self-Defense in North Carolina | Assault Personal Injury Attorney

Civil Battery and Self-Defense in North Carolina | Assault Personal Injury Attorney

There are many types of “personal injury” cases and nearly all involve negligent, as opposed to intentional, conduct. The main exception is a civil battery claim. To prove a personal injury battery claim under North…
May 21
Cary, Apex Unemployment Benefits Attorney for Small Businesse

Cary, Apex Unemployment Benefits Attorney for Small Businesse

For business owners who have elected to terminate an employee, and that employee files for unemployment, there is often some concern about the impact on their business if unemployment benefits are charged to the company account with the…

Rank this Week: 458

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/

May 22
Mercantilism In International Finance

Mercantilism In International Finance

In a trade-in-services dispute that looks quite a bit like pre-WTO trade in goods disputes, Indonesia is conditioning the sale...
May 20
Buffett Symposium At Concurring Opinion

Buffett Symposium At Concurring Opinion

Coinsiding with Con-Op's Larry Cunningham's book of essays on Warren Buffett, said blog has put together a pretty stellar set...
May 17
The IRS Scandal: Does It Fit With The IRS Weltanschauung?

The IRS Scandal: Does It Fit With The IRS Weltanschauung?

This is not the place to go for careful consideration of tax policy, but we do know something here about...

Rank this Week: 113

William Carleton, Counselor @ Law

Covers legal and investment issues facing emerging tech companies.

http://www.wac6.com/wac6/

May 22
Same-sex marriage and the accredited investor standard

Same-sex marriage and the accredited investor standard

The accredited investor standard is effectively lower for married couples. To the extent same-sex couples are denied the right to marry, this means the accredited investor standard discriminates on the basis of sexual orientation.
May 21
Boldly embracing one's vowel-deficient way

Boldly embracing one's vowel-deficient way

I saw somebody on Twitter quote the comedian Albert Brooks, to the effect that Yahoo should next spend some money to buy a vowel (Tumblr being a second, prominent acquisition of a company that lacked the letter "e" in its...
May 20
House bill to impose a deadline on SEC JOBS Act rulemaking is narrower than you might think

House bill to impose a deadline on SEC JOBS Act rulemaking is narrower than you might think

The new bill speaks only to the new Reg A authorized by the JOBS Act, and not the other rulemaking required by the JOBS Act before other reforms go into effect.

Rank this Week: 67

DealBook

Covers mergers and acquisitions, investment banking, IPOs, private equity, hedge funds, venture capital and law. A Financial News Service of The New York Times.

http://dealbook.blogs.nytimes.com/?=rss2

May 22
Wall Street’s A-List Turns Out to Fight Skin Cancer

Wall Street’s A-List Turns Out to Fight Skin Cancer

The Leveraged Finance Fights Melanoma benefit at Rockefeller Center's garden on Tuesday night attracted a star-studded Wall Street crowd that raised more than $1.2 million to help fight skin cancer.
May 22
Indonesia Links Ownership of Banks to More Access Elsewhere

Indonesia Links Ownership of Banks to More Access Elsewhere

Indonesia will insist on greater access to the financial systems of Singapore and other countries as a condition for approving the purchase of local banks by foreign financial institutions.
May 22
Clearwire Approves Higher Bid From Sprint

Clearwire Approves Higher Bid From Sprint

The board of Clearwire has approved a revised offer from Sprint Nextel to acquire the 50 percent stake in the company it does not own for $3.40 a share.

Rank this Week: 7

International Association of…

International Association of Franchisees and Dealers Blog

Covers franchise law issues.

http://www.franchise-info.ca/

May 22
Does Your Franchisor Make This Branding Mistake? - Suppliers and Consultant

Does Your Franchisor Make This Branding Mistake? - Suppliers and Consultant

For over 60 years we have thought of and configured franchise "concepts" as cookie cutter look alike replications - capitalizations upon so imprinting an image upon the public mind that instant brand recognition occurs in the mind…
May 22
Build a Franchise Sales Process You Can Be Proud Of - Suppliers and Consultant

Build a Franchise Sales Process You Can Be Proud Of - Suppliers and Consultant

For almost 25 years, I have been selling franchises - usually for capital intensive projects. I have always used a sales process, instead of relying upon magical phrases like: "Be Your Own Boss", or "In Business for Yourself…
May 21
How You Can Keep it Simple & Make It Work - Suppliers and Consultant

How You Can Keep it Simple & Make It Work - Suppliers and Consultant

Recently a Telephone Doctor client said to me, "Nancy, congratulations. Some people take a simple idea and complicate it; you have taken a simple idea and kept it simple." We don't believe you should scratch your head and wonder…

Rank this Week: 376

Campanella Law Blog

Covers recent court decisions, pending legislation, real estate updates and business matters.

http://campanellalawfirm.com/blog/

May 22
JANUARY 2014 TO BRING MORE CHANGES FOR MORTGAGE LENDING RULES – SELF-EMPLOYED BEWARE?

JANUARY 2014 TO BRING MORE CHANGES FOR MORTGAGE LENDING RULES – SELF-EMPLOYED BEWARE?

Unless you’re into reading the minutia of federal legislation, you are probably like most consumers and are unaware of a new mortgage lending rule that is slated to go into effect in January 2014. Born of the Dodd-Frank Wall Street…
May 9
DOES YOUR “SOFT TISSUE” INJURY SATISFY NEW YORK’S SERIOUS INJURY THRESHOLD?

DOES YOUR “SOFT TISSUE” INJURY SATISFY NEW YORK’S SERIOUS INJURY THRESHOLD?

For those readers familiar with my articles, you might recall a previous piece in which I discussed New York State’s serious injury threshold law. In part, the article discussed how New York, years ago, implemented legislation intended…
Apr 26
EMPLOYER/EMPLOYEE RELATIONSHIPS ARE LIKE DATING? THE DIRTY LITTLE SECRET OF RESTRICTIVE COVENANTS

EMPLOYER/EMPLOYEE RELATIONSHIPS ARE LIKE DATING? THE DIRTY LITTLE SECRET OF RESTRICTIVE COVENANTS

When someone is starting out in a new job, one of the last things on his mind is what happens if and when things don’t work out with that employer. Things are all shiny and new, and most people have … Continue reading →

Rank this Week: 1771

San Jose Business Lawyers Blog

Covers business transactions, start-ups, and mergers. By Structure Law Group, LLP.

http://www.sanjosebusinesslawyersblog.com/

May 22
I Gave It All To You, So Why Don't You Like Me: Post-Closing Disputes in Mergers and Acquisition

I Gave It All To You, So Why Don't You Like Me: Post-Closing Disputes in Mergers and Acquisition

As a veteran M & A lawyer in San Jose, where deal making has never gone out of style, I have been though my share of mergers and acquisitions. For business counsel, the closing of a deal is one of the times I get to spike the ball in the…
May 13
Recent California Tax Law Change

Recent California Tax Law Change

Some tax law changes recently went into effect that that will have an impact on both individuals and businesses in San Jose and throughout the State: Yet Another Gas Tax Increase On February 28th the Board of Equalization approved a 3.5 cent…
Apr 23
Lender Liability After the "Riverisland" Ruling - A Time To Assess Lending Procedures?

Lender Liability After the "Riverisland" Ruling - A Time To Assess Lending Procedures?

In the wake of the California Supreme Court's Riverisland ruling concerning lender liability, lenders in the San Francisco Bay Area and Silicon Valley may want to evaluate and consider modifying their current lending procedures. As a San…

Rank this Week: 2118

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

May 22
Immigration Issues Dos and Don’ts for Job Interview

Immigration Issues Dos and Don’ts for Job Interview

There are many subjects that require care when conducting a job interview. Immigration is definitely one of them. Given the increased awareness and sensitivity to immigration status issues, employers need to watch their questions. Although…
May 20
Keep an Eye Toward an Appeal

Keep an Eye Toward an Appeal

Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal. Why is it so important to pay attention to the record during trial? It all comes down to a major…
May 17
Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

Do you own a house with someone and don’t want to register as domestic partners, but you still want an exclusion from a change in ownership for property tax purposes when you die? Now you can. Here’s how it works. Under Rev &…

Rank this Week: 853

ContractsProf Blog

By Texas Wesleyan University Law Professor Franklin G. Snyder, with Contributing Law Professors Miriam A. Cherry, Meredith R. Miller, Keith A. Rowley, and D.A. Jeremy Talman

http://lawprofessors.typepad.com/contractsprof_blog/

May 22
Boilerplate Symposium IX B: Kim Krawiec on Contracts as Disclosure, Part II

Boilerplate Symposium IX B: Kim Krawiec on Contracts as Disclosure, Part II

This is the second part of the ninth in a series of posts reviewing Margaret Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. Kimberly D. Krawiec is the Kathrine Robinson Everett Professor of Law at the...
May 22
Boilerplate Symposium IX A: Kim Krawiec on Contracts as Disclosure, Part I

Boilerplate Symposium IX A: Kim Krawiec on Contracts as Disclosure, Part I

This is the first part of the ninth in a series of posts reviewing Margaret Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. Kimberly D. Krawiec is the Kathrine Robinson Everett Professor of Law at the...
May 21
Weekly Top Tens from the Social Science Research Council

Weekly Top Tens from the Social Science Research Council

RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal March 22, 2013 to May 21, 2013 RankDownloadsPaper Title 1 340 The Fiduciary Obligations of Financial Advisors…

Rank this Week: 240

DealLawyers.com Blog

Covers mergers & acquisitions. From editor Broc Romanek, who is also editor of TheCorporateCounsel.net.

http://www.deallawyers.com/Blog/

May 22
NetSpend: Delaware Chancery Criticizes Single-Buyer Negotiating, Use of DADW & Revlon Process, But Denies Injunction

NetSpend: Delaware Chancery Criticizes Single-Buyer Negotiating, Use of DADW & Revlon Process, But Denies Injunction

NetSpend: Delaware Chancery Criticizes Single-Buyer Negotiating, Use of DADW & Revlon Process, But Denies Injunction Here's news from Greenberg Traurig's Cliff Neimeth: Vice Chancellor Glasscock's decision yesterday in Koehler v. Netspend…
May 20
Safe Harbor: Del Monte in a Minor Key

Safe Harbor: Del Monte in a Minor Key

Safe Harbor: Del Monte in a Minor Key Here is an article from "The Deal": Corporate directors and their outside advisers would seem to have fulfilled their fiduciary duties to shareholders handsomely by agreeing to sell a company…
May 14
In re Plains Exploration: A Revlon Review & the Kitchen Sink

In re Plains Exploration: A Revlon Review & the Kitchen Sink

In re Plains Exploration: A Revlon Review & the Kitchen Sink John Grossbauer of Potter Anderson notes: In In re Plains Exploration & Production Co. Shareholder Litigation, Delaware Vice Chancellor Noble rejected claims for breach of…

Rank this Week: 771

43(B)log

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

http://tushnet.blogspot.com/

May 22
Fordham conference book published

Fordham conference book published

Passing this announcement along from the publisher, including a discount offer: Intellectual Property Law and Policy Volume 12 Edited by Hugh C Hansen PRAISE FOR THE SERIES "This must be one of the most enjoyable and…
May 22
Being fooled by false "sale" ads confers standing despite receiving advertised price

Being fooled by false "sale" ads confers standing despite receiving advertised price

Hinojos v. Kohl’s Corp., No. 11-55793 (9th Cir. May 21, 2013) Judge Reinhardt began with some scene-setting: Most consumers have, at some point, purchased merchandise that was marketed as being “on sale” because…
May 22
allegations of patent infringement protected by Noerr-Pennington doctrine

allegations of patent infringement protected by Noerr-Pennington doctrine

Sliding Door Co. v. KLS Doors, LLC, 2013 WL 2090298 (C.D. Cal.) Sliding Door sued defendants alleging patent infringement; defendants counterclaimed for, among other things, false advertising and unfair competition. Sliding Door made…

Rank this Week: 17

Canadian Appeals Monitor

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

http://www.canadianappeals.com

May 22
The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)

The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)

By Hovsep Afarian Can a party who has failed to consummate a transaction get back a “deposit”? The British Columbia Court of Appeal considered this issue once again in the recent case of Amiri v. One West Holdings Ltd., 2013…
May 21
Brown v. Canadian Imperial Bank of Commerce: A Nail in the Coffin for “Misclassification” Overtime Class Actions or Class Counsel Growing Pains?

Brown v. Canadian Imperial Bank of Commerce: A Nail in the Coffin for “Misclassification” Overtime Class Actions or Class Counsel Growing Pains?

By Kosta Kalogiros In Brown v. Canadian Imperial Bank of Commerce, 2013 ONSC 1284, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, “misclassification” overtime class-actions (i.e. class…
May 21
This Week at the SCC (17/05/2013)

This Week at the SCC (17/05/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Brandon Kain Cases Heard The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions,…

Rank this Week: 648

Philadelphia Business Lawyer Blog

Published By Danziger Shapiro & Leavitt, P.C.

http://www.philadelphiabusinesslawyerblog.com/

May 22
PROPOSED BILL IN NEW JERSEY IF PASSED WILL INVALIDATE COVENANTS NOT TO COMPETE IN EMPLOYMENT CONTRACTS - TIME IS NOW IF YOU WANT EMPLOYEES TO SIGN RESTRICTIVE COVENANTS

PROPOSED BILL IN NEW JERSEY IF PASSED WILL INVALIDATE COVENANTS NOT TO COMPETE IN EMPLOYMENT CONTRACTS - TIME IS NOW IF YOU WANT EMPLOYEES TO SIGN RESTRICTIVE COVENANTS

Last month the New Jersey Legislature introduced Assembly Bill 3970 that if passed will invalidate any restrictive covenant in an employment contract if the affected employee was eligible to receive unemployment compensation benefits. The…
May 16
NEW M&A TAX RULE EFFECTIVE MAY 15, 2013 FAVORS INDIVIDUALS

NEW M&A TAX RULE EFFECTIVE MAY 15, 2013 FAVORS INDIVIDUALS

Yesterday, on May 15, 2013, a new regulation went into effect under 336(e) of the Internal Revenue Code that was designed to minimize an individual's tax burden in a M&A transaction. Essentially, the Internal Revenue Service has provided…
May 8
BEST PRACTICE TIP: CRIMINAL BACKGROUND CHECKS OF POTENTIAL EMPLOYEES ONLY UNDER CERTAIN LIMITED CONDITIONS

BEST PRACTICE TIP: CRIMINAL BACKGROUND CHECKS OF POTENTIAL EMPLOYEES ONLY UNDER CERTAIN LIMITED CONDITIONS

Companies today that routinely perform criminal background checks as part of their hiring process run the very real danger of running afoul of the Fair Credit Reporting Act (FCRA) and other federal and state statutes. Generally speaking, an…

Rank this Week: 2439

Indian Corporate Law

Revies Indian corporate and business law. By Umakanth V.

http://indiacorplaw.blogspot.com/

May 22
SEBI Clarifies on Schemes of Arrangement

SEBI Clarifies on Schemes of Arrangement

Following SEBI’s circular of February 4, 2013 imposing stringent requirements for oversight of schemes of arrangement, there were certain issues that required clarification (discussed here and here). Now, by way of another…
May 20
Public Shareholding Norms: Consequences of Non-Compliance

Public Shareholding Norms: Consequences of Non-Compliance

The June 2013 deadline for compliance by listed companies with the minimum public shareholding of 25% is looming closer. The deadline for compliance by public sector (government) listed companies to comply with the 10% minimum…
May 20
Madras High Court on SEBI Circular for Scheme of Arrangement

Madras High Court on SEBI Circular for Scheme of Arrangement

A few months ago, I had discussed SEBI’s circular of February 4, 2013, which imposes more stringent oversight by SEBI and the stock exchanges on different types of schemes of arrangement. Shortly thereafter, our guest contributor…

Rank this Week: 385

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

May 22
SRP Mid-Proxy-Season Results: 19 Boards Declassified, 13 Precatory Declassification Proposals Passed

SRP Mid-Proxy-Season Results: 19 Boards Declassified, 13 Precatory Declassification Proposals Passed

Editor’s Note: Lucian Bebchuk is the Director of the Shareholder Rights Project (SRP), Scott Hirst is the SRP’s Associate Director, and June Rhee is Counsel at the SRP. The SRP, a clinical program operating at Harvard Law School,…
May 22
The Case for an Unbiased Takeover Law

The Case for an Unbiased Takeover Law

Editor's Note: The following post comes to us from Luca Enriques, Nomura Visiting Professor of International Financial Systems at Harvard Law School and Professor of Business Law at LUISS University (Rome), Ronald J. Gilson, Charles J. Meyers…
May 22
Exit Consents in Restructurings – Still a Viable Option?

Exit Consents in Restructurings – Still a Viable Option?

Editor's Note: The following post comes to us from David J. Billington, partner focusing on international financing transactions and restructuring transactions at Cleary Gottlieb Steen & Hamilton LLP. This post is based on a Cleary…

Rank this Week: 126

Government Contracts Legal Forum

Covers government contract issues including contract formation, strategies, bid protests and contract interpretation. By Crowell Moring.

http://www.governmentcontractslegalforum.com/

May 22
Department of Defense Releases Proposed “Counterfeit Electronic Part” Acquisition Regulation

Department of Defense Releases Proposed “Counterfeit Electronic Part” Acquisition Regulation

On May 16, 2013, the Department of Defense (“DoD”) published long awaited proposed regulations regarding efforts contractors must take to prevent the entry of counterfeit electronics into the DoD supply chain. As previously…
May 15
Virginia Law Questions the Enforceability of Teaming Agreement

Virginia Law Questions the Enforceability of Teaming Agreement

When pursuing government work, contractors frequently team together and combine resources in order to create the most appealing proposal. These arrangements are often memorialized in teaming agreements that set forth terms, including but not…
May 14
GAO Implies Presumption of Price Realism Evaluation in Fixed-Price Solicitation

GAO Implies Presumption of Price Realism Evaluation in Fixed-Price Solicitation

Fixed-price contracts allow the government to purchase goods and services for set prices and allocate the cost risk of performance to the contractor—if the contractor offers to perform the work for too low of a price, then it may reap…

Rank this Week: 318

Florida International Law Blog

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

http://boyerlawfirmblog.com/

May 22
Conditions of a Contract

Conditions of a Contract

Conditions of a contract can be categorized by two methods: the effect on the duty to perform and the way in which they were created. Conditions that are based on their effect on the duty to perform are: Condition precedent: If the condition…
May 21
Tips For E-Commerce Businesse

Tips For E-Commerce Businesse

E-commerce and virtual storefronts are a booming industry that is only expected to grow. E-commerce was a $40 billion business in 2012, and that number is expected to grow more than 10 percent by 2015, according to a report by Transport…
May 20
How can I get Permanent Residence in the US?

How can I get Permanent Residence in the US?

Although there are many changes being debated about immigration reform, there are currently only a few ways to get a visa that could lead to permanent residence in the US: investing in a business, having a family member who is a U.S. citizen…

Rank this Week: 855

The Race to the Bottom

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

http://www.theracetothebottom.org/home/

May 22
Public Benefit Corporations in Colorado: What Will A Public Benefit Corporation Accomplish?

Public Benefit Corporations in Colorado: What Will A Public Benefit Corporation Accomplish?

Colorado has adopted, effective April 1, 2014, the public benefit corporation act of Colorado (the “PBCA”) that is similar to legislation being considered in Delaware, but completely different from the model benefit corporation…
May 21
Public Benefit Corporations in Colorado: Unanswered Question

Public Benefit Corporations in Colorado: Unanswered Question

Colorado has adopted, effective April 1, 2014, the public benefit corporation act of Colorado (the “PBCA”) that is similar to legislation being considered in Delaware, but completely different from the model benefit corporation…
May 21
Public Benefit Corporations in Colorado: Why A Public Benefit Corporation Rather Than A Non-PBC?

Public Benefit Corporations in Colorado: Why A Public Benefit Corporation Rather Than A Non-PBC?

Colorado has adopted, effective April 1, 2014, the public benefit corporation act of Colorado (the “PBCA”) that is similar to legislation being considered in Delaware, but completely different from the model benefit corporation…

Rank this Week: 65

TheCorporateCounsel.net Blog

Covers corporate and securities law. By Broc Romanek.

http://www.thecorporatecounsel.net/Blog/

May 22
Status of SEC's Political Contribution Disclosure Rulemaking: Not Yet (& Maybe Never)

Status of SEC's Political Contribution Disclosure Rulemaking: Not Yet (& Maybe Never)

Status of SEC's Political Contribution Disclosure Rulemaking: Not Yet (& Maybe Never) Each time I see an article from the mass media indicating that an imminent proposal from the SEC on political contribution disclosure rules, I tweet…
May 21
The Battle Over JPMorgan's CEO/Chair Split Proposal: The Gloves Are Off!

The Battle Over JPMorgan's CEO/Chair Split Proposal: The Gloves Are Off!

The Battle Over JPMorgan's CEO/Chair Split Proposal: The Gloves Are Off! Today is the vote for what looks to be the most contentious battle of the proxy season - at least if the metric is ink spilt - here is...
May 20
Corp Fin Issues 15 New & Revised CDIs: Spring Cleaning

Corp Fin Issues 15 New & Revised CDIs: Spring Cleaning

Corp Fin Issues 15 New & Revised CDIs: Spring Cleaning Last week, Corp Fin issued a batch of 15 new and revised Compliance & Disclosure Interpretations in both the '33 and '34 Act contexts. Sort of a hodge podge. Here...

Rank this Week: 398

Business Blog

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

http://www.businesslawnews.com/

May 22
Is Your New York Business Prepared to Stop a Data Breach?

Is Your New York Business Prepared to Stop a Data Breach?

Late last month, hackers sent a fake tweet from the Associated Press' Twitter account referencing an explosion at the White House. The tweet caused the Dow Jones Industrial Average to plunge more than 100 points within seconds. This latest…
May 21
New York City Businesses Must Provide Mandatory Sick Leave

New York City Businesses Must Provide Mandatory Sick Leave

Businesses in New York City will soon have to provide paid sick days to employees under legislation recently passed by the New York City Council. While Mayor Michael Bloomberg does not support the measure, it passed by a…
May 20
Supreme Court Sides With Monsanto

Supreme Court Sides With Monsanto

The U.S. Supreme Court recently sided with Monsanto Co. in a closely watched case involving patented soybean seeds. The Court concluded that an Indiana farmer could not copy patented seeds through planting and harvesting without…

Rank this Week: 456

California Corporate & Securities…

California Corporate & Securities Law

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

http://www.calcorporatelaw.com/

May 22
Sealing A Contract May Mean Nothing Or 20 Years!

Sealing A Contract May Mean Nothing Or 20 Years!

The California Corporations Code endows corporations with certain rights, including the right to “adopt, use and alter” a seal. Cal. Corp. Code § 207(a). The Corporations Code does not define a “seal”…
May 21
Ever Wonder What Money Is? California Has Some Answers And I Have Some Question

Ever Wonder What Money Is? California Has Some Answers And I Have Some Question

Yesterday’s post discussed virtual currencies (e.g., Bitcoin) and the General Corporation’s law prohibition on issuing or putting into circulation money. But what exactly is money? The General…
May 20
Bitcoin And The Corporations Code

Bitcoin And The Corporations Code

I’ve been seeing an increasing number of references to Bitcoin and other forms of virtual or crypto currencies in the news. For example, Jeffrey Sparshott and Robin Sidel of the Wall Street Journal reported last…

Rank this Week: 263

InhouseBlog

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

http://www.inhouseblog.com

May 21
Telling the FBI Your Company Has Been Hacked

Telling the FBI Your Company Has Been Hacked

As cyber attacks against U.S. companies continue to rise, the government is asking private industry to share information about incursions. So what can and should companies expect when they ring up the government and report a problem?The post…
May 20
Your Outside Counsel Needs Professional Telepathy

Your Outside Counsel Needs Professional Telepathy

Trevor Faure, Global Leader of Legal Services for Ernst & Young, tells Bloomberg Law's Lee Pacchia that general counsels at large corporations are looking for four things from the law firms which represent them: professional telepathy,…
May 20
Building international legal teams – Hear from Four GC

Building international legal teams – Hear from Four GC

As the business community becomes increasingly internationally driven, more and more legal departments are looking to grow their teams in other countries.The post Building international legal teams – Hear from Four GCs appeared on…

Rank this Week: 207

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/

May 21
Thomas Sowell’s Uncommon Knowledge

Thomas Sowell’s Uncommon Knowledge
May 20
Never Leave the Playground

Never Leave the Playground
May 19
The message of “Lives of Others”

The message of “Lives of Others”

Rank this Week: 156

SullivanLawNet

Legal news and analysis, with an emphasis on international and domestic intellectual property developments. By Shawn Sullivan.

http://www.sullivanlaw.net

May 21
Senate Tax Report Details Apple’s Offshore Profit-Shifting Tactic

Senate Tax Report Details Apple’s Offshore Profit-Shifting Tactic

The report of the U.S. Senate Permanent Subcommittee on Investigations on Apple Inc.’s international tax strategy sheds light on how the company has exploited to maximum effect a number of gaps in the web of national tax jurisdictions.…
May 21
Beware Trademark Invoice Scam

Beware Trademark Invoice Scam

Today a friend asked me about two invoices his company recently paid for “trademark registration” by very official-sounding entities in the Czech Republic and the Slovak Republic. He essentially wanted to know how frequently the…
May 2
Plant Variety Rights Case: Court Orders Claimant to Return Seized Item

Plant Variety Rights Case: Court Orders Claimant to Return Seized Item

In an opinion issued April 25, 2013, a Dutch court in the city of Roermond found no basis for plant variety rights infringement claims brought by the Anti-Infringement Bureau for Intellectual Property Rights on Plant Material (AIB), a…

Rank this Week: 179

Chicago Business Litigation Lawyer…

Chicago Business Litigation Lawyer Blog

Covers class action litigation, fraud, consumer law and shareholder disputes. By DiTommaso Lubin.

http://www.chicagobusinesslitigationlawyerblog.com/

May 21
Chicago Tribune Settles Class Action Alleging Subscribers Overcharged

Chicago Tribune Settles Class Action Alleging Subscribers Overcharged

Once a subscriber gives a company their credit/debit card or bank information to charge subscription fees, some companies will take advantage of that to raise their fees without notifying their subscribers. Such is allegedly the case with the…
May 20
Sketchers Settles Class Actions Alleging That its Shape-Ups Don't Really Help Consumers Get in Shape

Sketchers Settles Class Actions Alleging That its Shape-Ups Don't Really Help Consumers Get in Shape

Many people are on the look-out for a quick fix to lose weight and get in shape. It is therefore no surprise that hundreds of thousands of people took advantage of Skechers's offer when they introduced shoes that claimed to help people lose…
May 17
Claim for Fraud in the Sale of a Business Requires Proof of Both Reasonable and Justifiable Reliance on a Misrepresentation - Walid v. Irene Couture

Claim for Fraud in the Sale of a Business Requires Proof of Both Reasonable and Justifiable Reliance on a Misrepresentation - Walid v. Irene Couture

A couple who bought a retail business in New Jersey filed suit for fraud, alleging that the seller materially misrepresented the business’ revenues. After a bench trial, the lower court ruled for the defendants in Walid v. Yolanda for…

Rank this Week: 389

CFTC Law

Covers futures, commodities and forex regulation. By Shipkevich Law Firm.

http://www.cftclaw.com/

May 21
CFTC Reviewing Over 1 Million E-mails in ISDAfix Interest-rate Swaps Investigation

CFTC Reviewing Over 1 Million E-mails in ISDAfix Interest-rate Swaps Investigation

CFTC Reviewing Over 1 Million E-mails in ISDAfix Interest-rate Swaps InvestigationCFTC investigators are reviewing over one million e-mails and instant messages as part of an investigation into possible price manipulation of ISDAfix…
May 20
SEF Rules Approval Leads to Early December Projection for Transacting all Standardized Swaps on SEF

SEF Rules Approval Leads to Early December Projection for Transacting all Standardized Swaps on SEF

SEF Rules Approval Leads to Early December Projection for Transacting all Standardized Swaps on SEFsWith the CFTC’s approval of the SEF rules last Thursday, swap users and would-be SEFs are targeting early December as the time when all…
May 20
SEF Rules Approval Leads to Early December Projection for Transacting all Standardized Swaps on SEF

SEF Rules Approval Leads to Early December Projection for Transacting all Standardized Swaps on SEF

SEF Rules Approval Leads to Early December Projection for Transacting all Standardized Swaps on SEFsWith the CFTC’s approval of the SEF rules last Thursday, swap users and would-be SEFs are targeting early December as the time when all…

Rank this Week: 195

Australian Regulatory Compliance…

Australian Regulatory Compliance Review

Covers legal and regulatory impacts on Australian businesses. By David Jacobson.

http://www.djacobson.com/australian_regulatory_rev/

May 21
Review of the Franchising Code of Conduct

Review of the Franchising Code of Conduct

We've Moved! Update your Reader Now. This feed has moved to: http://www.langes.com.au/australian_regulatory_compliance/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
May 20
AML/CTF customer due diligence review

AML/CTF customer due diligence review

We've Moved! Update your Reader Now. This feed has moved to: http://www.langes.com.au/australian_regulatory_compliance/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
May 20
ASIC reviews charitable investment fundraiser

ASIC reviews charitable investment fundraiser

We've Moved! Update your Reader Now. This feed has moved to: http://www.langes.com.au/australian_regulatory_compliance/feed/ Update your reader now with this changed subscription address to get your latest updates from us.

Rank this Week: 186

North Carolina Business Litigation…

North Carolina Business Litigation Report

Reports on judicial decisions of significance to business and shareholders. By Mack Sperling of Brooks Pierce LLP.

http://www.ncbusinesslitigationreport.com/

May 21
Business Court Sanctions Parties For Disobeying Discovery Order

Business Court Sanctions Parties For Disobeying Discovery Order

When you think of sanctions, your mind probably goes to Rule 11 of the Rules of Civil Procedure. But what about Rule 37(b)(2)? It says that: if a party . . . fails to obey an order to provide or permit discovery, . .…
May 7
Claims For Legal Malpractice Aren't Assignable In North Carolina

Claims For Legal Malpractice Aren't Assignable In North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker PLLC, the…
May 1
Fourth Circuit Takes A Narrow View On Recovery Of E-Discovery Cost

Fourth Circuit Takes A Narrow View On Recovery Of E-Discovery Cost

You've undoubtedly prevailed in a federal case -- either at summary judgment or after a trial -- and you have probably struggled with what you are entitled to recover as costs under 28 U.S.C. §1920. And recently, your client,…

Rank this Week: 1159

Business Brawls Blog

Covers business litigation issues. By Kaufman Law.

http://www.businessbrawls.com/blog

May 21
Is a settlement agreement an enforceable contract?

Is a settlement agreement an enforceable contract?

A settlement agreement and a contract are synonymous. So the question is really, is there a contract to settle the case? What are the elements of contract? Offer, yep. I will dismiss my case if you dismiss yours and…
May 14
When You Should Appeal

When You Should Appeal

Some attorneys like to appeal every case that the client can afford to pay for. Others don’t agree and file an appeal only when they see clear error. I don’t agree that there is a blanket rule for appeals. It…
May 7
Zealous Representation? Or Deliberate Overkill?

Zealous Representation? Or Deliberate Overkill?

Sometimes you run into lawyers and clients who just don’t seem to have any idea of proportionality. I won’t name names, but a couple of national firms are that way. So they might take case worth a few thousand and…

Rank this Week: 1319

Antitrust & Competition Policy…

Antitrust & Competition Policy Blog

Edited by Professors D. Daniel Sokol and Shubha Ghosh.

http://lawprofessors.typepad.com/antitrustprof_blog/

May 21
Buyer Power in Conglomerate Acquisition

Buyer Power in Conglomerate Acquisition

Posted by D. Daniel Sokol Daniel Greene, Georgia State University - Department of Finance, Omesh Kini, Georgia State University and Jaideep Shenoy, Tulane University - Department of Finance discuss Buyer Power in Conglomerate Acquisitions.…
May 21
When the State Harms Competition ― The Role for Competition Law

When the State Harms Competition ― The Role for Competition Law

Posted by D. Daniel Sokol Eleanor M. Fox, New York University School of Law and Deborah Healey, University of New South Wales (UNSW) - Faculty of Law offer an interesting new work When the State Harms Competition ― The Role...
May 21
7th International IMEDIPA Conference on Competition Law and Policy

7th International IMEDIPA Conference on Competition Law and Policy

Posted by D. Daniel Sokol 7th International IMEDIPA Conference on Competition Law and Policy Friday, June 7, 2013 at 9:00 AM - Saturday, June 8, 2013 at 5:15 PM (EEST) Athens, Greece IMEDIPA invites you to its 7th International Conference...

Rank this Week: 11

New Jersey Attorney Law Review…

New Jersey Attorney Law Review Blog

Reviews published and unpublished civil law decisions of importance issued by the New Jersey Appellate Division and New Jersey Supreme Court. By Glenn Reiser.

http://newjerseylawreview.blogspot.com/

May 21
New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

In an unpublished decision issued on May 21, 2013, a New Jersey appeals court held that a landlord was not entitled to evict his residential tenant, an 89-year old blind man with diabetes, because of the tenant's refusal to sign a new…
May 16
What is Wrong With Our Judicial System?

What is Wrong With Our Judicial System?

I couldn't find a better example to illustrate the problem with our judicial system. In a recently unpublished decision of the New Jersey Appellate Division, Hernandez v. North Jersey Neurosurgical Associates, Superior…
Feb 13
When is a Case Really Settled?

When is a Case Really Settled?

It is not too difficult to Imagine the following scenario. There is bitter litigation between 2 or more parties that has dragged on for several years. Each side is represented by legal counsel, and each has spent…

Rank this Week: 1303

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/

May 21
Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Electronic Arts, Inc., makes video games, including the NCAA Football series. EA put an avatar of Ryan Hart, an ex-quarterback at Rutgers, in the series. Hart sued EA for "violating his right of publicity as recognized under New Jersey…
May 20
WSJ Equates Filing Empty Seats with Court-Packing

WSJ Equates Filing Empty Seats with Court-Packing

About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic…
May 15
$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit

$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit

A Houston jury awarded Wellogix $94.4 million for Accenture's misappropriation of trade secrets in software that helped oil and gas companies track and manage costs of drilling wells. The judge cut the award to what Wellogix asked for --…

Rank this Week: 296

Business and Corporate Disputes

Features litigation information and insight for business owners, corporate management, directors, officers, members, managers, and shareholders. By Matt McKinney.

http://corporatedispute.com

May 21
Iowa Law Protects LLC’s Owners From Personal Liability

Iowa Law Protects LLC’s Owners From Personal Liability

A February 27, 2013 Iowa Court of Appeals opinion serves as yet another real-world example of how and why taking the time to set up a formal entity – in this case an Iowa LLC – can benefit and provide protection ……
May 18
PART II – 2013 Law Eliminates Statutory Authority to Recover Attorneys’ Fees in Derivative Litigation

PART II – 2013 Law Eliminates Statutory Authority to Recover Attorneys’ Fees in Derivative Litigation

PART II – 2013 Changes to the Iowa Business Corporation Act. This post addresses yet another substantive change to Iowa law – as adopted by the 2013 legislature – and which relates to the ability to recover reasonable…
May 17
PART I – A Director’s Fiduciary Duty to Question and Disclose Information?

PART I – A Director’s Fiduciary Duty to Question and Disclose Information?

PART I – 2013 Changes to the Iowa Business Corporation Act. This post is the first in a series of posts that will address several changes to the Iowa Business Corporation Act (Iowa Code Chapter 490) as approved by the … Continue…

Rank this Week: 370

New Jersey Lawyers Blog

Covers New Jersey business, labor and employment, estate planning and consumer law. By McLaughlin & Nardi, LLC.

http://www.newjerseylawyersblog.com/

May 21
Elder Care Planning

Elder Care Planning

There are many things mature persons need to plan for. An often overlooked area which requires careful planning is potential long-term care. More than half of people sixty five and over will require some form of long-term care. The…
May 16
The Value of a Buy-Sell Agreement

The Value of a Buy-Sell Agreement

Every owner of a closely held small business should have an up to date buy-sell agreement. A buy-sell agreement is a written agreement between business owners. The purpose of the agreement is to ensure that the current owners are…
Apr 19
Accident Check List - Steps You Should Take Following a New Jersey Accident

Accident Check List - Steps You Should Take Following a New Jersey Accident

Everyone should do their best to avoid accidents that lead to injuries such as car, bus, motorcycle, or trucking accidents, a slip and fall accident, or a work related accident - but some accidents cannot be avoided. Once you get into an…

Rank this Week: 617

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/

May 21
How should a Strata Deal with the Owner from Hell? - Part 3

How should a Strata Deal with the Owner from Hell? - Part 3

Posted by Peter RobertsIn my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell. For a period of years, the Jordisons continually behaved…
May 1
Is it a Fixture or is it a Chattel?

Is it a Fixture or is it a Chattel?

Posted by Peter RobertsLandlords, tenants and law students all wrestle over what it means to be a fixture as opposed to a chattel. It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance…
Apr 23
BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

Posted by Ron SkolroodIn October 2011 I wrote about the BC Supreme Court decision in Federation of Law Societies of Canada v. Canada (Attorney General), 2011 BCSC 1270 in which the Court held that provisions of the federal Proceeds of Crime…

Rank this Week: 2406

Seattle Business Attorney

Covers business law for Seattle area businesses. By Collin Roberts,

http://seattlebusinesslaw.wordpress.com/

May 21
Washington State to Regulate Fund Manager

Washington State to Regulate Fund Manager

The world is changing for venture funds and similar funds in Washington State, and not necessarily for the better. It used to be the case that managers of venture or other private funds did not need to file anything with ……
Apr 3
Who Owns the “Dunk City” Trademark?

Who Owns the “Dunk City” Trademark?

After hiring away Florida Gulf Coast head coach Andy Enfield Monday night with a hefty sum of cash, USC also pirated the Ft. Myers school’s now-famous “Dunk City” moniker. “Please welcome Andy Enfield to the Trojan…
Mar 29
LLC Capital Call

LLC Capital Call

Doug Batey of Stoel Rives writes a phenomenal blog regarding all things LLC. He wrote an article recently about a case coming out of Oregon in which LLC Members had a dispute over the legitimacy of requiring capital calls that ……

Rank this Week: 3958

Suits by Suits

Covers disputes between companies and executives. Published by Zuckerman Spaeder LLP.

http://www.suitsbysuits.com/

May 21
Against the Odds, High Court Will Hear Whistleblower Case

Against the Odds, High Court Will Hear Whistleblower Case

Yesterday, the Supreme Court announced that it will hear the case of Jackie Hosang Lawson and Jonathan Zang, two former Fidelity employees who seek to reverse the dismissal of their Sarbanes-Oxley whistleblower claims. In this post last…
May 17
The Inbox - May 17, 2013

The Inbox - May 17, 2013

May flowers are blooming, and so is the Suits by Suits news: CEO dismissals hit a 10-year high in 2012, according to The Corporate Board’s study of CEO succession practices. Matteo Tonello of the Corporate Board published this…
May 15
Supreme Court Considering Whether to Accept Sarbanes-Oxley Whistleblower Case

Supreme Court Considering Whether to Accept Sarbanes-Oxley Whistleblower Case

Only a handful of employment cases make it all the way to the Supreme Court’s august chambers at One First Street. That’s largely because the Court has discretion whether or not to review cases decided by lower courts of…

Rank this Week: 544

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/

May 21
Court Of Chancery Upholds Caremark Complaint

Court Of Chancery Upholds Caremark Complaint

In re China Agritech Inc. Shareholder Derivative Litigation, C.A. 7163-VCL (May 21, 2013) One of the harder aspects of practicing Delaware corporate law is dealing with all the decisions. This is an excellent summary of current Delaware…
May 17
Court Of Chancery Explains Exculpation Clause

Court Of Chancery Explains Exculpation Clause

Anvil Holding Corporation v. Iron Acquisition Corporation, C.A. 7975-VCP (May 17, 2013) Many acquisition agreements contain provisions that are intended to limit the buyer's remedies. This decision explains what language to use to…
May 16
Is the Court of Chancery Reforming Merger Litigation?

Is the Court of Chancery Reforming Merger Litigation?

Authored by Edward M. McNally This article was originally published in the Delaware Business Court Insider | May 15, 2013 There is an uproar going on about the practice of filing suit over every merger announced for a publicly…

Rank this Week: 928

Business Law Post

Covers corporate law, securities law, intellectual property, and social entrepreneurship. By Arina Shulga.

http://www.businesslawpost.blogspot.com/

May 21
Can For-Profit Businesses Use Unpaid Interns in New York?

Can For-Profit Businesses Use Unpaid Interns in New York?

Even though I have previously written about it, I keep getting many questions regarding whether unpaid interns can work for a for-profit business. My conclusion is YES BUT… it can be risky for the business. In New York, interns can…
May 18
Crowdfunding Update

Crowdfunding Update

We are still patiently waiting for the SEC to develop rules implementing the crowdfunding provisions of the JOBS Act. While we are waiting, the industry prepares for the crowdfunding transactions. Recently, two interesting articles about…
May 12
Who Owns #Hashtags?

Who Owns #Hashtags?

Proliferation of social media continues to stretch the boundaries of the law and its definitions. It prompts us to apply the proven legal concepts to new technological and social phenomena with no clear and well-defined answers.A good…

Rank this Week: 583

Nonprofit Law Prof Blog

Covers federal and state laws and cases affecting non-profits. By Professors David A. Brennan and Darryll K. Jones.

http://lawprofessors.typepad.com/nonprofit/

May 21
Vulnerability blinds patients of phony nonprofit health clinic

Vulnerability blinds patients of phony nonprofit health clinic

A few weeks ago, a federal judge in California sentenced 58 year-old Christine Daniel to 14 years in federal prison. Daniel, a former doctor and Pentecostal minister, ran a health clinic used to offer Daniel’s “herbal treatments.”…
May 20
New Jersey mayor calls nonprofits to pay more in taxe

New Jersey mayor calls nonprofits to pay more in taxe

In his state of the township speech, Lawrence, New Jersey Mayor Jim Kownacki suggested the city’s weak budget is partially attributable to the fact that it loses $287 million in property taxes because of local nonprofit property tax…
May 17
Follow Up: Section 501(c)(4) criminal issue

Follow Up: Section 501(c)(4) criminal issue

Just to follow up on my post from earlier this week, at this point there seem to be two leading contenders for the criminal issues involved in the Section 501(c)(4) investigation: 1. Unauthorized disclosure and use of taxpayer information,…

Rank this Week: 172

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/

May 21
Another Supreme Court Habeas Reversal

Another Supreme Court Habeas Reversal

In Metrish v. Lancaster, a unanimous Supreme Court reversed the Sixth Circuit’s decision that Michigan courts violated due process when they took away a defendant’s diminished-capacity defense before his second trial, after having…
May 15
Cutting Back on Extensions of Time Not a Unique Phenomenon to Sixth Circuit

Cutting Back on Extensions of Time Not a Unique Phenomenon to Sixth Circuit

We recently reported on the Sixth Circuit’s practice of curtailing extensions of time and not granting them as freely as in the past. Thus far, the reports related to that are largely anecdotal and there is no formal policy change…
May 14
The Trend Toward The Use of Summary Disposition

The Trend Toward The Use of Summary Disposition

We have previously reported on the Sixth Circuit’s caseload and the trend toward the use of unpublished opinions. We’ve discussed that the number of published decisions per judge, the opinions that are the most important to…

Rank this Week: 869

Asset Protection Law Journal

Covers asset protection laws. By Kenneth J. Laino.

http://www.assetprotectionlawjournal.com

May 21
Trusts Require Flexibility

Trusts Require Flexibility

Asset protection planning (and estate planning) frequently involves the use of one or more trusts. Possibilities include an offshore trust, Domestic Asset Protection Trust, irrevocable life insurance trust and various other kinds of…
May 16
Medical Malpractice Claim Can Take Both an Emotional and Financial Toll

Medical Malpractice Claim Can Take Both an Emotional and Financial Toll

In a post on February 8, 2012 I referred to an excellent article by Pauline W. Chen, M.D. She described how involvement in a medical malpractice action can negatively impact a physican’s way of practicing medicine. Dr. Chen…
May 6
You Can Lose A Fortune If You Ignore Your Estate Planning

You Can Lose A Fortune If You Ignore Your Estate Planning

A fascinating article by Julie Satow in the April 28, Sunday New York Times describes a New Yorker whose entire $40 million estate will likely go to the government because he died without a will. This case is somewhat unique because…

Rank this Week: 1746

Compliance Building

Covers compliance and business ethics. By Doug Cornelius.

http://www.compliancebuilding.com

May 21
SEC Warns About Exemptive Order Compliance

SEC Warns About Exemptive Order Compliance

The SEC’ Division of Investment Management issued new guidance to reminds firms to comply with conditions and representations in exemptive orders. The guidance suggests that firms “adopt and implement policies and procedures…
May 20
SEC’s Compliance Outreach Program

SEC’s Compliance Outreach Program

I was able to attend the Boston stop on the SEC’s Compliance Outreach Program. Michael Garrity, the Associate Director of the Boston Examination Program kicked off the program, by highlighting some examination statistics. There are 1200…
May 17
Compliance Bricks and Mortar for May 17

Compliance Bricks and Mortar for May 17

These are some of the compliance-related stories that recently caught my attention. White: SEC’s No. 1 priority is more adviser examinations By Mark Schoeff Jr. in Investment News The Securities and Exchange Commission’s top…

Rank this Week: 897

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