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Businesses blast official's detainee spiel
IT'S A RARE day when law firms get called out for their pro bono work. But that's exactly what happened when Pentagon official Charles "Cully" Stimson rattled off a list of firms representing Guantanamo Bay detainees-including Atlanta firms Sutherland Asbill Brennan and Alston Bird-predicting that businesses would shun their outside counsel for making the companies foot terrorists' legal bills.Certifying Professionals May Be Subject to Lawsuits
In their Real Estate Trends column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio, a partner at the firm, write that questions of Martin Act preemption are still raised in cases involving architect and engineer certifications that the attorney general's regulations require to be included in offering plans filed by developers of condominium and cooperative apartments in newly built or renovated buildingsImplementing U.S. and International Social Networking Regulations
Erika C. Collins, a partner at Paul Hastings, reviews recent U.S. legislation regarding applicant privacy and the NLRB's social networking and employment policy guidelines; the state of social media and employment law in the EU, particularly France, the United Kingdom and Argentina; and recommendations for employers faced with complying with new laws governing the use of social media.FCPA Shareholder Derivative Plaintiffs Rack Up Strikes but Keep Swinging
Donald A. Corbett, a member at Lowenstein Sandler, and Daniel K. Roque, counsel to the firm, write that following headline-grabbing stories of arrests and multimillion-dollar settlements with the DOJ and SEC related to alleged Foreign Corrupt Practices Act violations, shareholders have filed a number of derivative actions against such household names as Avon Products, Hewlett-Packard, Smith & Wesson, and Wal-Mart.Preserving (or Limiting) Contractual Claims to Address 'Sandbagging'
The term "sandbagging" has been used generally in the M&A context to refer to the buyer's assertion of post-closing claims for breach of representation and warranty despite its pre-closing knowledge that the seller's representations or warranties were not true and correct when made. Although counterparties may contract around sandbagging by expressly preserving or limiting the buyer's right to assert claims in cases where it knew (or was on notice) of a seller's breach prior to closing, in the absence of a "pro-sandbagging" or "anti-sandbagging" provision, the permissibility of sandbagging is a matter of the law of the jurisdiction governing the agreement.Divided Patent Infingement: The German Perspective
The uncertain legal climate in the U.S. , may benefit from an outside approach as cases come on appeal, says Alexander Harguth of McDermott Will & Emery Rechtsanwalte Steuerberater.Internal Investigations: A Top 10 Checklist
Robert A. McTamaney and Timothy J. Fitzgibbon, partners with Carter Ledyard & Milburn, answer the question: What to do when the whistle blows?Securities Class Action Litigation
Samuel H. Rudman, a partner at Coughlin Stoia Geller Rudman & Robbins, writes that with delinquency and foreclosure rates on subprime mortgages reaching an all-time high last year, there are fears that many more of the underlying loans are likely to default. The result has been a plunge in the value of mortgage-backed securities and CDOs. In 2007 alone, financial companies had to write down over $80 billion worldwide because of the decrease in the value of mortgage-backed securities.Trending Stories
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