A Clear and Present Danger: The Growing Communications Crisis For U.S. Businesses And Their Lawyers

Latest Bad News. Fighting Back. The Lawyer as Great Communicator. The Practical Agenda.

Exchange Fund Transactions:An Advantageous Instrument For Corporate Insiders; A Potential Nightmare For Public Investors

Introduction. Exchange Funds as a Diversification Mechanism for Concentrated Wealth. Section 16(a) Disclosure Requirements. Exchange Fund Transactions Fit the SEC's Definition of "Sale". This Interpretation of a "Sale" Emphasizes the Purpose of Section 16(a). Implications. Conclusion

The Business Lawyer s Expanding Role in Facilitating Small and Mid-Sized Merger and Acquisition Transactions

Acquisition Planning. The Narrowing of Acquisition Criteria. Keys To Preparing an Effective Acquisition Agreement. Structuring the Deal. Keeping Merger & Acquisition Deals on Track:Managing the Deal Killers. Diagnosing the Source of the Problem. Curing the Transactional Patient.

The Aetna v. Davila Decision:Implications For Hmos, Consumers, And States

I. Introduction. II. ERISA Preemption and Jurisprudence. A. What is ERISA?. B. ERISA Preemption. III. The Davila Decision. A. Juan Davila and Ruby Calad. B. The Arguments. C. The Supreme Court's Ruling. IV. Implications for the Healthcare Industry. A. Implications for HMOs. 1. A Positive Development For Hmos. 2. Effects Of A Contrary Decision. 3. Are Hmos Liable After Aetna?. B. Implications for Consumers. 1. Can Consumers Sue Hmos After Aetna?. 2. Consumer Alternatives To Erisa. 3. Consumer ...

Flying On Empty?.Airlines, Pensions, And Disappointments

Registration of Clinical Trials for Pharmaceuticals

Initial Registration and the Law. Awareness Levels. Reasons for Selective Registration. The Effect of Selective Registration. ICMJE Policy Requirements. Industry Gains and Losses. Conclusion.

Congress Misfires on SUV Loophole

Special Tax Benefits Available for Motor Vehicle Purchasers. Tax Treatment of Equipment Purchased for Use in a Business. Limitations on Tax Benefits Claimed with Respect to Automobiles. Then Congress Created the SUV Tax Break. Evaluation of Congressional Action. Conclusion.

The Hidden Risks of Outsourcing:Is Your Ip Safe Abroad?

Outsourcing: Why do Companies do it?. An Illustration of the Risk. Protections Already in Place. Outsourcing as the Mechanism of Change. Ways to Safeguard IP.

Empagran:The First Step In Avoiding A U.S. Monopoly On Antitrust Enforcement

Background. Extraterritorial Application of U.S. Antitrust Law Prior to 1982. FTAIA. Circuit Split Prior To Empagran. Den Norske Stats Oljeselskap V. Heeremac Vof ("Statoil"). Kruman V. Christie's International. F. Hoffman-La Roche V. Empagran. The Empagran Holding. Comity & Cooperation Programs. Does an Injury Truly Depend on Domestic Effects?. Looking Forward.

Are There Ways out of the Current Forum Non Conveniens Impasse Between the United States and Latin America?

I. Introduction. II. Forum Non Conveniens as a Procedural Tool to Dismiss International Litigation. A. The FNC Doctrine in International Lawsuits. B. FNC Dismissals. C. Adequacy and Availability of the Latin American Forum. III. Latin American Fora and the Consequences of FNC Dismissals. A. The Latin American Rule on Jurisdiction. B. Consequences of FNC dismissals. C. Responses of Latin American Fora to FNC Dismissals. 1. Judicial Retaliation: Refusal Of Remands. 2. Legislative Retaliation: A...

In the Driver s Seat:Nafta s Chapter 11 As A Judicial Vehicle For The Expansion Of Investor Rights

The Investment Chapter. Expansion of Investors' Rights under Chapter 11 - Case Studies. Metalclad v. Mexico. S.D. Myers v. Canada. Pope & Talbot v. Canada. Conclusion.

The Enron Debacle:A Glimpse Into Fraudulent Energy Trading

The California Energy Crisis. Wash Transactions. Trading Tricks. "Ricochet". "Fat Boy". "Get Shorty". "Load Shift". "Death Star". Conclusion