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The Origins And Establishment Of The UK Supreme Court
Editor: Please give our readers some background on the origin of the Supreme Court of the UK. Since it became a part of the legal system as a result of the passage of the Constitutional Reform Act 2005, why has it taken so long to be implemented? Maples: Although its origins arguably go back...
Read MoreFair Is In The Eye Of The Beholder
A recent Delaware Chancery Court case serves as a reminder to private equity sponsors that portfolio company investments need to be carefully structured and documented to reduce the risk that unhappy co-investors could sue them or their board designees in connection with a less than wholly...
Read MoreA Focused Practice In An Ever-Burgeoning Market
Editor: Since we spoke with you in 2005, the firm has opened an office in Beijing as well as Hong Kong. Tell our readers about the reasons for this rapid expansion. Xiang: For Shanghai, which is our first office, the firm arrived at an opportune time since the M&A market was maturing quickly...
Read MoreResponding To Employee Requests For Extended Disability Leave And Heeding EEOC's Stand Against "Inflexible" Policies
The following scenario should be familiar to most readers: The Good Guys Company provides generous benefits to its employees, including six-months of short-term disability leave. Some or all of the leave is paid depending on the employee's tenure with the company, and the employee's job is secure...
Read MoreSupreme Court Rejects "Mixed-Motive" Burden-Shifting Under The ADEA
The U.S. Supreme Court recently held in Gross v. FBL Financial Services, Inc .1that a plaintiff alleging a claim of age discrimination must, in all cases, prove by a preponderance of the evidence that age was the "but-for" cause of the challenged adverse employment action. In other words, the...
Read MoreGetting Your Portfolio Company D&O Insurance Right (The First Time Around)
It would be fair to say that many private equity sponsors don't pay a lot of attention to portfolio company D&O insurance - particularly before the company runs into problems - and leave the job of getting adequate D&O coverage to management of that company. It would also be fair to say...
Read MoreRegistration Of Private Investment Funds And Advisers As Part Of Financial Regulatory Reform
In remarks at the outset of summer on financial regulatory reform, President Obama outlined general proposals for overhauling the regulation of the U.S. financial services industry, which would include requiring all private fund managers to be registered under the Investment Advisers Act of 1940,...
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