Results 1-10 of 290
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Avoiding Subpar Coverage for Subprime Claims
May 15, 2008
A February 11, 2008 report by insurance analyst Advisen Ltd. forecasts the expected value of loss to directors’ and officers’ liability (D&O) insurers from subprime-related securities class actions to be $3.6 billion dollars.
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Prospect of Increased Transparency for Sovereign Wealth Funds
May 14, 2008
During these challenging times for the financial services industry, a new source of capital has arisen and has made a number of major investments in the financial services sector. These new players are the Sovereign Wealth Funds (‘‘SWFs’’). Over recent months there has been significant attention focused on SWFs given the investment by several of these funds in leading financial institutions. Published in BNA's Banking Report is Michael Bleier's article entitled, "Prospect of Increased Transparency for Sovereign Wealth Funds." A pdf of the full text is attached.
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An Apology Revisited: Intercompany Licensing of Intangibles In an Age of Tax Amnesties, Capitulation, and Judicial Confusion
May 13, 2008
In recent years, more and more states have adopted aggressive strategies to reverse the state tax effects of intercompany licensing of intangibles, including economic nexus rules, add-back statutes, mandatory combined reporting, modified apportionment rules, and other administrative or statutory ‘‘fixes.’’
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Public Policy Concerns Regarding Enforcement of Foreign International Arbitral Awards in the Middle East
May 12, 2008
A crowd of international and regional conventions has emerged to address the problems created by globalization and international commerce. States increasingly acknowledge the importance of rapid and equitable resolutions to cross-border business disputes. Although it has been said that the “Islamic Middle East has not fully embraced” the modern arbitral system, a more positive view contends that this attitude toward international arbitration is “pro-gressively reversing.”
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Anti-SLAPP Appeal Angst
May 01, 2008
Under the "anti-SLAPP statute," Code of Civil Procedure Section 425.16, a defendant who has been sued for engaging in constitutional speech or petition rights in connection with a public issue may obtain an order striking the complaint unless the plaintiff establishes a probability of prevailing on the merits.
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How to Defend a Consumer Class Action Without Breaking the Bank
April 30, 2008
Partners, Henry Pietrkowski, Gary Caplan, and David Smith authored an article entitled, "How To Defend A Consumer Class Action Without Breaking The Bank," which was published in the Winter 2008 edition of the ABA Committee on Corporate Counsel's In-House Litigator newsletter.
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Competition Law and Policy Developments in China
April 21, 2008
This article was prepared for a panel presentation which Sharon Mann made on China's anti-monopoly law
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When May A Court Interfere With A Class Action Settlement?
April 17, 2008
Federal courts can and do use their power under the All Writs Act, 28 U.S.C. § 1651, to protect class action settlements. This Article examines the circumstances under which a court may and may not use that power to thwart class-action settlement efforts.
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A small but important matter
April 11, 2008
In November 2007, the Office of Fair Trading published revised guidance on the application of the de minimis exception under the UK mergers regime. The OFT has since applied the exception on a number of occasions, in some cases seemingly departing from the revised guidance.
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Bankruptcy Penalties for Misconduct Don’t Pass To Transferee
April 10, 2008
A ruling by a federal court in New York was entered recently that has the potential to severely impact the $500 billion a year distressed debt market.