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October 05, 2000 |

The Firestone Fiasco: Crisis Managers Tell What They'd Do

Bridgestone/Firestone and Ford appear to be caught with their pants down, with each day seeming to bring new and damning discoveries in the Firestone tire debacle. Crisis management experts point out how the companies' finger-pointing and stinginess with information have backfired, with one calling the unfolding drama "the perfect example of how not to handle a corporate crisis."
8 minute read
July 12, 2004 |

Inadmissible

5 minute read
January 25, 2012 |

Court of Chancery Comes Down Hard on Trading by Plaintiffs in Representative Litigation

Defendants in class and derivative litigation often view the plaintiffs in those cases, especially the repeat players whose names are familiar to devoted readers of Court of Chancery opinions, as minor investors with little directly at stake in the litigation. Sometimes, however, the plaintiffs have significant equity stakes in the companies whose transactions they seek to enjoin. In those cases, the plaintiffs may be sharp investors who value the investment more than the principle at stake. What happens, then, to these investors when they see the chances at success in litigation passing them by? In any other circumstance, they might be inclined to trade out of their position or arbitrage the risk appropriately. When, however, these investors have chosen to be the plaintiff in a case seeking to halt the challenged transaction, the ability to act like an ordinary investor is severely restricted.
7 minute read
October 09, 2008 |

Deal Watch: Stock sale escapes slide

David A. Stockton's client, an Appalachian coal mining company, got in just under the wire. On the morning of Monday, Sept. 29, James River Coal Co. raised $44 million through the sale of 1.5 million shares of common stock. A few hours later the House of Representatives rejected the first effort for a $700 billion bailout of the financial sector, leading the Dow Jones industrial average to drop 777.
4 minute read
January 29, 2013 |

E-Discovery Supporting Old-Fashioned Sanction Motions

Beginning with U.S. District Court Judge of the Southern District of New York Shira Scheindlin's landmark series of decisions in Zubulake, the specter of e-discovery sanctions seemed to hang like a cloud over civil litigation and civil litigators, threatening the unwary with an avalanche of draconian penalties for not understanding the technical and ever-expanding world of ESI.
8 minute read
January 18, 2013 |

Crowdfunding property deals on horizon with JOBS Act

The JOBS Act probably will lead to more property-investing programs like those being pioneered by Fundrise, a startup that recently raised $325,000 from 175 people, giving them a 28 percent stake in a two-story building the firm bought in its home city of Washington.
6 minute read
October 31, 2000 |

Going for Broke

Billions were at stake in the Arthur Andersen divorce. But the accounting giant's consulting partners walked away with hardly a scratch because of a bold gamble by Barry Ostrager, the consultants' lead lawyer. Rather than a three-arbitrator panel, Ostrager chose a sole arbitrator in a country with no Andersen presence. A wild-card arbitrator could have bankrupted the spinoff, but the decision went Ostrager's way.
16 minute read
January 05, 2006 |

Insider Trading

Charles A. Ross, a partner at Herrick, Feinstein, and Christopher L. Padurano, an associate at the firm, provide a brief overview of what a PIPE transaction is, how the potential for criminal insider trading exists, the body of law regulators and prosecutors will utilize to investigate and charge both individuals and companies with violations of securities laws, and suggestions for counsel on how best to represent clients involved in trading occurring in connection with PIPE offerings.
13 minute read
April 11, 2003 |

Editor in Chief

5 minute read
April 11, 2003 |

Editor in Chief

5 minute read

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