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Ability Of Hedge Funds And Private Equity Funds To Attract Pension Investors Made Easier By The Pension Protection Act Of 2006

The Pension Protection Act of 2006 (the 'Pension Act'), signed into law by President Bush on August 17, 2006, includes important changes for hedge funds and private equity funds. The changes, which became effective immediately upon enactment, modify long-standing regulations of the U.S. Department...

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Zurich American Insurance Company v. ABM Industries, Inc.: Understanding The Complexities Of Business Interruption Coverage

Introduction Business continuity planning dominates corporate risk management. Few elements of such a plan are more important and less understood than business interruption insurance. This article discusses the recent $80,000,000 settlement of business interruption claims made by ABM Industries,...

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Update On The Hedge Fund Registration Rule

Most financial market observers were surprised on Friday, June 23, 2006, when the United States Court of Appeals for the District of Columbia Circuit rendered a decision in Goldstein v. Securities and Exchange Commission that vacated the SEC's "Hedge Fund Rule" - Rule 203(b)(3)-2 of the Investment...

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United States Supreme Court Decides Role Of Court And Arbitrators In Challenges To Validity Of Contracts Containing Arbitration Clauses

The United States Supreme Court has ruled that challenges to the validity of a contract containing an arbitration clause are to be decided by the arbitrator. Conversely, a claim that only the arbitration clause itself is void is to be determined by a court. In so doing, Buckeye Check Cashing, Inc....

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Lowenstein Sandler's Pro Bono Program: Casting A Wide Net

Editor: Would each of you tell us something about your professional experience? Boneberg: I am a member of Lowenstein Sandler's litigation department, and chair of the firm's pro bono committee. My professional experience is in general commercial and corporate litigation, primarily in the federal...

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QUALCOMM Settles Department Of Justice Charges On Its Acquisition Of Flarion

On April 13, 2006, the Antitrust Division of the Department of Justice announced a settlement with QUALCOMM Incorporated and Flarion Technologies, Inc. of claims that QUALCOMM and Flarion violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act") in connection with QUALCOMM's...

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Independent Contractors Now Protected By New Jersey's Whistleblower Law

A recent court decision expands the class of individuals entitled to the protections and remedies of New Jersey's "whistleblower" law, the Conscientious Employee Protection Act ("CEPA") N.J.S.A. 34:19-1 et seq. CEPA protects an employee from retaliatory action when she objects to a practice she...

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