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By Kenneth Blohm, Jeffrey Kayes, Haim Zaltzman
Recent initial public offerings bring hope of improved liquidity for venture capital investments. But venture capitalists (VCs) and the companies they incubate continue to face turbulent economic conditions in 2010.
By Brian Cartwright, Alexander Cohen, Kirk Davenport II, John Huber, Ian Schuman
On November 3, 2004, the Securities and Exchange Commission (the "SEC") proposed a series of new rules that would reform the registration, communication and offering processes under the Securities Act of 1933 ("the Securities Act"). The current proposals are incremental, building on the integrated disclosure system and shelf registration through increased reliance on the periodic and current reports filed by public companies under the Securities Exchange Act of 1934 (the "Exchange Act".)
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By Steven Atlee, Beth Hummer
On November 2, 2004, Californians voted overwhelmingly in favor of curbing abuses related to the state’s Unfair Competition Law (commonly referred to as the UCL or Section 17200). Proposition 64 adds standing requirements for private enforcement of consumer lawsuits, requiring the plaintiff to have suffered injury or lost property as a result of the challenged business practice. It also requires any plaintiff who purports to sue on behalf of others to follow California class action procedures, w
An October 5, 2004 ruling in the chapter 11 case of Owens-Corning suggests lenders should look again at an old issue, the substantive consolidation of affiliated entities. In Owens-Corning, the substantive consolidation of the holding company with its subsidiaries eliminated the structural seniority of bank lenders which had obtained guarantees from many of the subsidiaries to support credit provided to the holding company.
By Alexander Cohen, D. Jamal Qaimmaqami
This update summarizes the key provisions of the U.S. Sarbanes-Oxley Act of 2002 (the "Sarbanes-Oxley Act," "Sarbanes-Oxley," or the "Act"), and the U.S. Securities and Exchange Commission’s (the "SEC") rules under the Act relevant to foreign private issuers (a term that covers most non-U.S. issuers, other than foreign governments). It is current through September 1, 2004.
By Alexander Cohen, D. Jamal Qaimmaqami
This update summarizes the key provisions of the U.S. Sarbanes-Oxley Act of 2002 (the "Sarbanes-Oxley Act," "Sarbanes-Oxley," or the "Act"), and the U.S. Securities and Exchange Commission’s (the "SEC") rules under the Act relevant to foreign private issuers (a term that covers most non-U.S. issuers, other than foreign governments). It is current through September 1, 2004.
The Paris Court of First Instance recently rendered two decisions in similar cases involving the non-profit organization Greenpeace and the petroleum industry company Esso (in the first case) and the nuclear industry company Areva (in the second case).
The proliferation of technology that enables monitoring of computer users’ actions online and collection of their personal information has given rise to public concerns about protecting individuals’ privacy rights. At the center of the debate about such technology is software that is pejoratively referred to as "spyware," though there is vast disagreement on what "spyware" means.
Despite a formidable history and a number of recent successes, the Securities and Exchange Commission continues to receive criticism from Congress, the public and the press for failing to move quickly to detect and prevent the series of crises that have confronted the securities markets. In a recent speech to the District of Columbia Bar Association, Stephen M. Cutler, the Director of the Division of Enforcement, outlined some changes at the Commission designed to meet this criticism.
By Timothy Ehrlich
On February 12, 2004, the U.S. Federal Communications Commission (FCC) took the first steps towards clarifying the scope of regulations to be imposed by the Federal government on Internet-Protocol (IP) enabled services such as Voice-Over-IP (VOIP).
The purpose of this article is to answer some of the most frequently asked questions about second lien financings. These financings have become increasingly popular over the last year or so, and we think they offer a financing alternative that will remain on the menu for years to come.
What are the Legal Issues Limiting the Scope of the Collateral Package in Second Lien Bond Deals?
As almost everyone with an e-mail account knows, the volume of unsolicited commercial e-mail ("UCE," more commonly referred to as "junk e-mail" or "spam") transmitted through the Internet has increased dramatically over the last two years. Analysts estimate that more than 261 billion junk e-mail messages were received by Internet users in 2002 - an 86 percent increase over the number of messages received the previous year.
On November 4, 2003, the Securities and Exchange Commission approved long-anticipated modifications to the corporate governance listing standards of both the New York Stock Exchange and the Nasdaq National Market.