ESOPs Create Exit Strategy
June 9, 2010
Is the lure of retirement calling your name, but you are not quite sure how to sell your company to get your fair market value? You would be remiss if...
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Analysis of Today's In re Bilski Decision from the Supreme Court: Its Impact on Patents from Business Methods to Biotechnology
June 28, 2010
Program Materials...
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Corporate Governance At-A-Glance
June 25, 2010
NASDAQ Listing and Hearing Review Council Issues Report on Corporate Governance
Delaware Chancery Court Imposes Entire Fairness Standard on Debt...
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Supreme Court Curtails Securities Suits By Foreign Plaintiffs
June 2010
The United States Supreme Court yesterday held that Section 10(b) of the Securities Exchange Act provides no cause of action to plaintiffs who purchase non-U.S.-listed...
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U.S. Supreme Court Narrows "Honest Services" Fraud Statute
June 2010
In Skilling v. U.S ., No. 08-1394, the Supreme Court vacated the Fifth Circuit’s ruling affirming former Enron executive Jeffrey Skilling’s conviction under the...
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Washington Health Care Update
June 25, 2010
Congressional Committee Holds Hearing on MedPAC's June 2010 Report to Congress: "Aligning Incentives in Medicare"
On June 23, 2010, the U.S. Congress Committee...
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Attacking Venue in Shareholder Derivative Suits
June 25, 2010
Directors and officers sometimes face the daunting prospect of defending shareholder derivative lawsuits in distant venues away from the company’s home forum....
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National Historic Preservation Act: Overcoming the Obstacle of Developing Renewable Energy Projects
June 25, 2010
As a developer or supporter of the development of renewable energy, you have a special interest in the National Historic Preservation Act (NHPA). This is "special"...
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SEC Claws “Innocent” Officers
June 2010
Broadly applying Section 304 of the Sarbanes-Oxley Act of 2002, the SEC filed a civil suit seeking to "claw back" compensation from Maynard L. Jenkins, the...
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Caution: New IRS Procedures Allow Whistleblowers to Gain Access to a Taxpayer’s Confidential Information
June 2010
The Internal Revenue Service (“IRS”) has released new and updated sections of the Internal Revenue Manual (“I.R.M.”) that explain how the...
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The Federal Circuit Confirms that the Bar for Proving Deceptive Intent in False Patent Marking Cases is “Particularly High”
June 2010
Under the false marking statute, it is an offense to falsely mark an “unpatented” article as patented, to falsely mark an article as covered by a pending patent...
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Requirement for Federal Contractors to Post Notice of Employee NLRA Rights Takes Effect
June 21, 2010
Effective June 21, 2010, all non-exempt federal contractors and subcontractors are required to post notices advising employees of their rights under the National Labor...
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Washington Health Care Update
June 18, 2010
Physician Payment Legislation Fails Vote, Resulting in Further Amendment
On June 16, 2010, Senate Finance Committee Chairman Max Baucus (D-Mont.) proposed an amendment...
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Fifth Circuit Holds That Determination Of A Debtor's COMI Or Establishment Must Be Made As Of The Time Of Chapter 15 Recognition
June 2010
In the case of Lavie v. Ran ( In re Ran ), No. 09-20288, 2010 WL 2106638, (5th Cir. May 27, 2010), the United States Court of Appeals for the Fifth Circuit affirmed a...
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Supreme Court Rules 2-Member NLRB Decisions Invalid
June 2010
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Because of vacancies on the five-member Board, from January 1, 2008, until the recent appointment of two new members, all decisions issued by the National Labor Relations...
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