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April 12, 2007 |

High Court May Consider IBM Worker's Claim of Race-Based Retaliation

Among the petitions the Supreme Court will consider in its private conference Friday is a case brought by a former IBM employee who alleges he was fired in retaliation for reporting a racial slur made by a co-worker. At issue is whether an isolated racial slur constitutes the kind of unlawful employment practice prohibited by Title VII of the Civil Rights Act. The petitioner contends that lower court decisions create a Catch-22 for an employee who experiences racially harassing conduct.
9 minute read
May 23, 2006 |

London Calling to U.S. Companies Seeking to Go Public

When Houston's Frontera Resources went public in 2005, it raised close to $90 million in an initial public offering -- with the twist that its IPO was made on London's Alternative Investment Market. General counsel Scott Harper says Frontera chose the AIM over NASDAQ for several reasons, including SOX compliance costs. Nineteen U.S. companies went public on the AIM in 2005 alone. But attorney L. Steven Leshin says the AIM may not be the best route for small private companies from the United States.
8 minute read
April 02, 2007 |

Corporate Scorecard: Gargantuans at the Gate

For lawyers who work on leveraged buyouts, there's no mystery behind the surge of interest in their practice area. The market, by any measure, is rocking. In the U.S. in 2006, there were 1,137 private equity transactions worth about $476 billion in total, nearly double the value from the prior year. "All practices hit on all cylinders," says one partner. More deals mean more opportunities, and continued growth has only contributed to the size of the deals. Find out which firms scored the biggest ones.
6 minute read
January 01, 2009 |

Big Deals

6 minute read
October 11, 2006 |

Will Law Firm Blogs Be Regulated as Advertising?

For many lawyers, blogs have become a popular tool for both marketing and discussion. But their amorphous quality is creating uneasiness about their ethical implications. Many states that are revamping attorney ethics rules are wondering if firm blogs should be regulated as advertising. Law professor Larry Ribstein says that whether blog content is deemed advertising or protected political speech could become the quintessential test of the commercial speech doctrine: "It doesn't get any hazier than blogs."
6 minute read
August 01, 2006 |

Backdating Inquiries Mean Business for Firms

For more than four years, SOX has been a lucrative business source for lawyers who need to help their clients comply with the post-Enron law's intricacies. Now, there's a new and growing font of corporate governance work: stock option backdating inquiries. Baker Botts partner Michael Gold says it's become "a rather large source of work for many lawyers," and one that cuts across many practice areas. But will the controversy develop into a long-running governance problem?
9 minute read
June 17, 2004 |

Turbulence Seen in SEC's Crackdown

A federal jury in San Jose, Calif., took just five hours to acquit former Legato Systems Inc. Executive Vice President David Malmstedt of six fraud charges. Some attorneys say the case shows the pitfalls of the government's tough-at-any-cost attitude. "The significant piece of this case is what many defense lawyers have been saying ... that the SEC is overreaching," said David Bayless, a securities expert at Morrison & Foerster.
4 minute read
September 20, 2004 |

Nasdaq Loses on Several Claims Aimed at Thwarting Competitor

The Nasdaq stock market has lost several claims in its bid to prevent a rival exchange from trading in an investment product bearing the Nasdaq name. Southern District of New York Judge Denise L. Cote ruled that Archipelago Exchange could not be stopped from listing and facilitating trading of the Nasdaq 100 Index Tracking Stock. However, the judge declined to dismiss Nasdaq's claims for trademark infringement and false advertising under the Lanham Act.
4 minute read
January 15, 2004 |

Treasury Takes Aim at Tax Lawyers

The Internal Revenue Service has proposed new regulations that would tighten the reins on lawyers who vouch for tax shelters and could force law firms to rethink how they supervise their tax departments. The proposal is part of an IRS crackdown on abuses in the use of opinion letters -- documents lawyers prepare vouching that a tax shelter is likely to satisfy the IRS and the courts if challenged.
7 minute read
December 11, 2006 |

Circuits Split Over 'Collective Scienter' in Determining Corporate Liability

Should plaintiffs lawyers have to name a specific executive with fraudulent intent in order to proceed with a shareholder securities fraud suit against the company, or is it enough to hold a firm to account if any employee had the requisite guilty knowledge? The concept of "collective scienter," or guilty knowledge, as a basis for corporate liability has been rejected by the 5th and 9th circuits but embraced by the 6th. A 2nd Circuit case may clarify whether the issue dies or heads for the Supreme Court.
3 minute read

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