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U.S. Securities Issues In Spin-Offs And Subsidiary IPOs - Part I
When management focuses on maximizing value, it continually reassesses the mix of businesses in the company's portfolio to determine which ones to hold, grow through investment or dispose. Typically, a disposition would be effected by selling the business to a third party. Management should,...
Read MoreBook Review Second Edition Of Critically Acclaimed Litigation Treatise To Be Published November 8
Editor: When was the First Edition of this treatise published? Haig: 1998. Editor: The First Edition received a pretty enthusiastic reception from the legal press, including The Metropolitan Corporate Counsel, didn't it? Haig: Yes, more than 130 favorable book reviews of the First Edition...
Read MoreThe Obligations Of Inside And Outside Counsel Regarding Electronic Discovery
Somewhat lost in the proliferation of articles regarding the scope, manner, and cost of electronic discovery, several court opinions and rules have focused on the obligations of inside and outside counsel in this phase of litigation. Failure to understand and fulfill these obligations can result in...
Read MoreFalse Advertising Litigation: Hear The Train, Clear The Tracks
As with all litigation, false advertising disputes that land in court are the tip of the iceberg.1 Many potential cases are avoided through the efforts of in-house lawyers who counsel the brand groups on a day to day basis, and their colleagues in other "technical" departments who participate in...
Read MoreProject: Corporate Counsel Part II (Compliance Readiness) - Law Firms Recent Trends In Whistleblower Litigation - Part II An Increasing Challenge For Employers And Their Counsel
Part I of this article appeared in the July 2005 issue of The Metropolitan Corporate Counsel. Recent Cases Under Sarbanes-Oxley The Sarbanes-Oxley whistleblower provision, like many similar federal and state whistleblower statutes, is quite broad and, as more than one commentator has noted, open...
Read MoreProject: Corporate Counsel Part I (Unintended Consequences) - Law Firms Recent Trends In Whistleblower Litigation - Part I An Increasing Challenge for Employers and Their Counsel
Introduction In the past five years, the amount of whistleblower litigation has exploded. This may be the result of the publicity associated with Enron and people like Sherron Watkins, the well-publicized whistleblower who exposed the financial "shenanigans" going on down in Texas. It could be...
Read MoreSupreme Court Will Determine The Scope Of The "FDA Exemption" From Patent Infringement In Merck v. Integra
I. Introduction Should all or any of the research done to identify drug candidates and to test them for potential clinical trials be exempt from patent infringement under 35 U.S.C.§ 271(e)(1) (the "FDA exemption")? The Supreme Court has granted a writ of certiorari to review a decision by the...
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