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... and control at many companies has merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but because of ... voting common equity, and even its non-voting preferred shares, in favor of frozen options. Frozen options would be designed such that the government would never be permitted to exercise them, and accordingly never be permitted to exercise the voting or ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
27 Jul, 2008 3:27 pm by Andis Kaulins
... punitive, or exemplary, damages are available only for oppressive, arbitrary, or unconstitutional action by government servants; injuries designed by the defendant to yield a larger profit than the likely cost of compensatory damages; and conduct for which punitive ... the due process problems involved in punitive damages awards and the kind of subjective non-normative chaos that still prevails in the courts - at all levels - in the awarding of exorbitant punitive damages awards in fact situations, ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
22 May, 2007 2:29 pm
... for less than reasonably equivalent value. Moreover, it reaches any transaction that lacks economic substance and that is designed merely to make it hard for creditors to monitor the debtor. The distinctive shape of fraudulent transfer law in the ... with more than five times as much debts as other entrepreneurs in the bankruptcy sample. *** David Mordkoff: "From Bonehead to Chaos: The Demise of the Right to Strike in the Airline Industry" (Abstract ID: 977581): This paper chronicles the demise of ...
Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/
3 Feb, 2008 10:42 pm by Naureen Amjad
... , employees and even creditors.[27] It is this team which the board, as a "mediating hierarchy," is designed to protect, and not the shareholders interests alone. Such a theory dispels the board as ... leaving shareholders owning perhaps ten percent of the company, without much to show. Such chaos may cause shareholders to remove themselves from the "team" and seek higher opportunity costs ... ] Del. Code Ann. tit. 8, § 109(a). [6] AFSCME v. AIG, Inc., 2006 WL 2667941 (2d Cir. 2006). [7] No-Action Letter ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
1 Nov, 2007 1:32 pm
... (over 3000) than there are PMAs. For all intents and purposes Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), killed preemption in the §510k situation. ... time after time since first losing this issue in Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992): (1) that the term "requirements" generally should be ... allowing States to go forward independently with proceedings designed to determine whether the FDA-mandated product design is defective is an invitation to chaos. WLF br. at 19. See generally ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
25 Nov, 2008 7:50 pm
... their brands because they do not want to relinquish control and decision making authority when it comes to their designs, especially when that authority rests in the hands of bankers whose top focus is to turn a big profit and get out quickly. ... investment in the fashion industry ultimately shakes out in 2009 remains to be seen; however, it seems that amidst the financial "chaos" that plagues private equity investment, there is real opportunity for strategic buyers to grow their portfolios and a ...
Fashion & Apparel Law Blog - http://www.fashionapparellawblog.com/
8 Nov, 2007 1:04 pm
... ve even convinced a couple of courts to go along with them on that. Jackson v. Pfizer, Inc., 432 F.Supp.2d 964, 968 n. 3 (D. Neb. ... . State law is also preempted if it interferes with the methods by which a Federal law is designed to reach its goals. Additionally, a federal agency acting within the scope of its congressionally delegated ... own labeling requirements for drugs and medical devices, there would be regulatory chaos for these two industries that are so vital fo the public health and FDA's ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
25 Aug, 2008 1:36 pm by Brian Cuban
... and Stewart last year. My impression was that regardless of talent, it was difficult for them to function in an environment whose structure was defined by chaos. Sears still has some some talent hanging on in the likes of head of Kmart retail chief Don Germano and SVP ... pre-bankruptcy Kmart form has engaged in across the boards Midnight Madness sales and other sales gimmicks designed to rid Sears of an enormous amount of excess inventory. Sears has been in continuous mark-down mode ever since. ...
Brian Cuban's Blog - http://briancuban.com
4 Feb, 2008 11:20 am by JD Hull
... secret that lawyers everywhere are now officially permitted to start writing full sentences with full thoughts with simple words designed to express and hold the reader's attention. Legalese is medieval and your clients hate it. Read at Legal ... : Does the ADA (Americans With Disabilities Act) Need 'Restoration'?" Randy Braun at Juz the Fax tells us the Second Circuit Says "No" To Conditional Overtime. In Chao v. Gotham City Registry, Inc. (06-2432-CV - Decided: January 24, 2008), the U.S. Court of ...
What About Clients? - http://www.whataboutclients.com/
7 Jul, 2008 10:51 pm
In JANA Master Fund v. CNET Networks, Inc., 2008 WL 660556 (Del. Ch. Mar. 13, 2008), aff'd, 2008 WL 2031337 (Del. ... include the shareholder proposal in its own proxy materials." This, in turn, suggested that the notice proposal was designed to "govern shareholder proposals under Rule 14a-8 rather than to operate ... suggests that careful drafting of notice bylaws can effectively limit the potential for this proxy chaos. Failure to draft carefully, however, can have the opposite effect; it can render ...
Corporate Securities Law Blog - http://www.corporatesecuritieslawblog.com/
15 Oct, 2007 4:47 am by Andis Kaulins
... by LawPundit - of course, KSR is cited as KSR Int'l Co. v. Teleflex Inc., 127 S. Ct 1727, 1743-44 (2007) (addition of a well-known ... themselves could not be patented, even if they had special humanly designed "watermarks" attached to them. As written in the majority opinion by Circuit Judge Gajarsa concerning ... system of individual "signal licensing" would develop, making the already extensive current chaos in patent and copyright law look like a cakewalk. It is of course clear to this observer ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
24 Jan, 2008 7:54 am
... indicates that this is a matter of first impression and answers the question in the affirmative. The case, Chao v. Gotham Registry, Inc. (available here) is ostensibly about a decision denying a contempt order against an employer. While the ... abide by the Act quickly proved expensive. After seeking advice of counsel, the staffing agency adopted a policy designed to check unauthorized overtime or, failing that, insulate itself from claims for time and one-half compensation for unauthorized hours. ...
Connecticut Employment Law Blog - http://www.ctemploymentlawblog.com/
2 Jun, 2008 7:45 pm by Monica Bay
... expected to double by next year, according to the 2007 Socha-Gelbmann Electronic Discovery Survey, there's a lot of chaos as organizations try to select and use the sophisticated new technology that is necessary to conduct discovery in almost any litigation. Many ... trial lawyers are eager to delegate anything to do with e-discovery. They are relying upon vendors, consultants and designated staff attorneys "to provide the magic wand to make it happen properly," he says. "Generally, every firm has ...
The Common Scold - http://commonscold.typepad.com/commonscold/
30 Oct 7:26 pm by thelawprofessor
... one-time special offer giving you $120 off the upgrade price but will expire on Friday October 30, 2009. Customers arrived at the newly designed vBulletin web site, sporting a confident Superman-like mascot tearing open his buttoned-down shirt to reveal a "V" on his ... don't see the cost "savings" - do you? Part III: Successful Execution As if the pricing confusion didn't cause enough chaos, vBS didn't show any vBulletin 4 product to customers who were expected to pay as much as $210 to upgrade. ...
The Law Professor - http://www.thelawprofessor.com
         
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