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12 Feb 2008, 4:59 am
The "Forthright Negotiator Principle" From Kevin Miller of Alston & Bird: For those unfamiliar with the "Forthright Negotiator Principle" referred to in the URI decision, I came across the following in re-reading the In re: IBP, Inc. [read post]
11 Feb 2008, 4:45 am
A New York (and Bankruptcy) Market MAC Case: Solutia Seeks Specific Performance or $2.25 billion With our "MAC Clauses: All the Rage" webcast coming up next week, Kevin Miller of Alston & Bird notes a new case: Recently we have seen a number of cases in which buyers have alleged that they are not obligated to close an M&A transaction because of a MAC or MAE. [read post]
3 Feb 2008, 1:00 pm
McGinnis (or Netsmart Through the Looking Glass) From Kevin Miller of Alston & Bird: A couple of weeks ago, Vice Chancellor Lamb of the Delaware Chancery Court ruled on a Motion to Schedule a Preliminary Injunction Hearing and for Expedited Discovery. [read post]
30 Jan 2008, 5:18 am
Plumtree From Kevin Miller of Alston & Bird: In a recent Delaware Chancery Court decision - Globis Partners v. [read post]
27 Jan 2008, 9:00 pm
Next, on the East Coast last week, Rowan County District Court Judge Kevin Eddinger found a lawyer in contempt for having read Maxim in his courtroom, saying: "The contemnor's (Paris) conduct interrupted the proceedings of the court and impaired the respect due its authority. [read post]
31 Dec 2007, 11:46 am
State of Indiana (NFP) Clyde Miller v. [read post]
12 Dec 2007, 12:43 am
Ted Poe (PDF 27.7 KB)Letter Requests Information Regarding the Reported Rape of an Individual by Security Contractors Employed by Halliburton12/11/2007
Letter to Attorney General Michael Mukasey From Senate Judiciary Chairman Patrick Leahy and Ranking Member Arlen Specter (PDF 688 KB)Letter Asks About the Justice Department's Knowledge of the Central Intelligence Agency's Possession and Subsequent Destruction of Videotapes Showing Interrogations of Detainees12/11/2007
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6 Dec 2007, 3:51 am
More on URI's Request for Specific Performance Back on Monday, I blogged some analysis from Kevin Miller of Alston & Bird about why deference is not generally appropriate when granting extraordinary permanent relief such as specific performance. [read post]
4 Dec 2007, 9:07 pm
Kevin Miller, an excellent M&A lawyer at Alston & Bird, has a post up on DealLawyers.com concerning the possibility of specific performance being ordered in the URI case. [read post]
3 Dec 2007, 6:16 pm
URI's Request for Specific Performance: The Elephant in the Room From Kevin Miller of Alston & Bird: With the recent spate of busted buyouts, the legal and financial community - as well as the press - have devoted significant time to dissecting the relevant provisions of the relevant merger agreements and other transaction documents. [read post]
29 Nov 2007, 1:03 pm
A very cool interactive tutorial on how it is done (via Kevin, M.D.), and if you want the real thing instead of virtual, go here.And as a follow-up to the marathon Blawg Review, one last video: [read post]
20 Nov 2007, 7:59 am
Nation-leading I-A (FBS) rusher Kevin Smith gained 219 yards for 2,164 yards in 2007, passing Matt Forte of Tulane with 2,127 yards. [read post]
14 Nov 2007, 8:54 pm
" When asked this by a youngster on the stump last week, John Howard was left non-plussed (though presumably if he'd thought about it he would have said Keith Miller). [read post]
2 Nov 2007, 5:48 am
And so, following up, a Houston Chronicle article discusses a lot of doctors angry at the state's medical board for its aggressive investigations, which started when Texas also granted some immunity for negligent conduct with its tort "reform" (via Kevin, M.D.). [read post]
2 Nov 2007, 4:02 am
Lies, Damn Lies & Statistics: Sufficiency of Statistical Correlation for Books and Records Inspections From Kevin Miller of Alston & Bird: In a recent decision - Louisiana Muncipal Police Employee's Retirement System v. [read post]
29 Oct 2007, 6:36 am
Tennesseeat LA Monroe- 4 1/234-3143-40WWJoe Craddock 22 of 29 for 401 yardsRutgersat Connecticut+324-2319-38LLRed Zone defenseis the differenceTulsaat Tulane- 6 1/240-3749-25WWTulsa offense goodbut defense weak Florida Stateat Boston College+ 6 1/230-2727-17WWNumber 2 team loses again Illinois atMinnesota- 1138-2144-17WWIllini punt only onceOregon Stateat USC+ 1520-373-24WW9 sacks by USC but no score in 2nd half Texas A&M atOklahoma+ 20 1/214-4414-42WWSam Bradfordthrows for 5 TDs South… [read post]
26 Oct 2007, 6:03 am
Video link from Street Anatomy via Kevin, M.D. [read post]
24 Oct 2007, 5:39 am
From Kevin Miller of Alston & Bird: The definition of an MAE in the SLM merger agreement has a carveout for changes in Applicable Law - but there also is a carveout to the carveout for changes in Applicable Law relating to the education finance industry that are in the aggregate more adverse to the Company and its subsidiaries taken as a whole then those disclosed in SLM's 10-K. [read post]
23 Oct 2007, 1:13 pm
" Join us on December 6th for a webcast - "The Latest on Fairness Opinions" - to hear these experts as they explore the latest trends and developments in this area (not just limited to FINRA's rulemaking): - Kevin Miller, Partner, Alston & Bird LLP - Dan Schleifman, Managing Director and Chairman of the Investment Banking Committee â [read post]
23 Oct 2007, 11:01 am
Tina Lewis, Kevin P. [read post]
