Twitter sued the U.S. government last year seeking to tell the public more about the government's demands for user information than the government currently allows. Whatever the ultimate merits of Twitter's claims, the relief Twitter seeks puts U.S. intelligence agencies in a tough spot: Twitter wants the public to know whether it did or did not receive requests for particular types of surveillance or information—a fact the current disclosure format obscures.
Bennette D. Kramer, Jeffrey M. Eilender, John M. Lundin, Erik S. Groothuis, Elizabeth Wolstein, Bradley J. Nash, Andrew S. Harris and Niall D. O'Murchadha
Recent New York court decisions include statutory interpretation of claims under the Martin Act (securities fraud), the Donnelly Act (antitrust) and the rules regarding the withdrawal of counsel and the domestication of foreign judgments.
An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement positions, pressure points, litigation strategy and other sensitive issues.
In a recent decision in the case Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira), the United States Bankruptcy Court for the District of Massachusetts determined that a bank, which was an assignee of a mortgage, lost its mortgage in bankruptcy due to a faulty acknowledgment appended to the mortgage document. The decision sends the message to borrowers that they can use bankruptcy as a device to wipe out otherwise valid mortgages encumbering property by pointing to purported flaws in a lender’s recording of the mortgage document in real property records.
Now that corporate America has largely emerged from the financial crisis and many companies’ war chests are once again overflowing, mergers and acquisitions are coming roaring back. However, despite favorable conditions and competitive dynamics, discretion is still the better part of valor. Executives should proceed with caution to ensure they avoid these five M&A mistakes that may seem obvious, but are easy to make.