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By Henry Lesser
The tender offer is an acquisition structure frequently identified with hostile takeover bids because it does not require a negotiated acquisition agreement approved by the target's board of directors.
By Jeffrey Shohet
The Federal Trade Commission has announced that Valassis Communications, a public company, has settled charges that it used its quarterly earnings call to attempt to collude with its only competitor.
By Lisa Prager, Joshua Holzer
After March 9, 2006, Section 402 of the Act amended IEEPA by increasing the penalties for both civil and criminal violations. Now, each willful violation of a license, order, or regulation issued under IEEPA carries with it a possible maximum civil penalty of $50,000, up from the previous level of $10,000.
By Barry Heller, John Dwyer
When a party contests the enforceability of an agreement containing an arbitration clause, should the issue be determined by an arbitrator or a court?
By John Tifford
The Federal Trade Commission will shortly publish in the Federal Register a Notice of Proposed Rulemaking for the FTC’s long-awaited business opportunity rule (Bus Opp Rule). The Bus Opp Rule, if and when promulgated, will replace the business opportunities coverage under the current and proposed amended Franchise Rule.
By Steven Shimberg
Throughout the world, dedicated teams of scientists and engineers at companies large and small are making remarkable progress as they work to realize the potential of nanotechnology. As companies invest resources in the development of this promising technology, they should not ignore the need to navigate around the legal and policy potholes that will become larger and more significant with each new success in the laboratory.
By Dov Grunschlag
The federal Computer Fraud and Abuse Act (CAFA), the "anti-hacker" law, prohibits the unauthorized transmission of a program, information, code, or command intended to impair the integrity or availability of data on a computer.
By Alisa Bergman
On March 15, 2006, the Federal Trade Commission (Commission or FTC) published its decision to retain its Children’s Online Privacy Protection Rule (Rule) in its current form. This decision followed a review of the Rule in which the public was invited to comment
By John Veroneau
Asian investors in America, beware: The U.S. Congress is mulling tighter controls on foreign direct investment. This time, it’s serious.
By John Veroneau, Katherine Mueller
China’s World Trade Organization (WTO) accession agreement includes two safeguards that allow WTO members, under certain conditions, to restrict the quantity of imports specifically from China. One safeguard—limited to textile and apparel products— has been used by both the United States and the European Union in recent years.
By Paul Novak, Leeann Kelly-Judd, Edward Levin
Under the Uniform Commercial Code (the UCC) in effect before July 1, 2001 (the Old UCC), financing statements filed in Maryland were effective for 12 years. Secured parties that filed financing statements in Maryland under the Old UCC would not have needed to continue those filings for 12 years.
By David Colker
In Swallows Holding Ltd. v. Commissioner of Internal Revenue Service, 126 TC No. 6 (January 26, 2006) the Internal Revenue Service (IRS) attempted to disallow all deductions claimed on certain late filed tax returns by a foreign corporation because the returns were filed after the expiration of the 18-month grace period set forth in Treasury Regulation 1.882-4(a).
By Deborah Gutfeld, John McJunkin
More than three months have passed since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the BAPCPA) became effective. Now that several significant Chapter 11 cases have been filed which are subject to its provisions, it is perhaps the time to take a close look at the ways the new law may impact certain types of creditors and also the changes for international insolvencies.
By Michael Santa Maria, Kevin Maher
A new law has been enacted in Mexico that has significantly changed the provisions of Article 142 of the Mexican Industrial Property Law locally known as MIPL, which is the primary law specifically governing franchising in Mexico. By decree published on January 25, 2006, which became effective January 26, 2006, Article 142 now not only sets forth the broad parameters for disclosure and possible registration of Franchise Agreements in Mexico, but includes relationship law elements that were previ
By David Plewa, Stacy Paz
The IRS has issued final regulations defining the term "statutory merger" or "consolidation" as it is used in Internal Revenue Code (Code) Section 368(a)(1)(A) (an "A Reorganization). The new regulations also affect statutory mergers or consolidations in forward triangular and reverse triangular reorganizations under Code Sections 368(a)(2)(D) and (E).
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