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President Signs Landmark Financial Reform Bill
On July 21, 2010, President Obama signed into law a package of financial regulatory reforms unparalleled in scope and depth since the New Deal. The Dodd-Frank Wall Street Reform and Consumer Protection Act (the legislation) is a sweeping reaction to perceived regulatory failings revealed by the...
Read MoreA Word Of Caution: Tender Offers And Appraisal Rights
In acquiring a public company, a "two-step" acquisition structure comprised of a tender offer followed by a back-end merger provides a potentially faster acquisition alternative compared to a traditional "one-step" merger. But, as discussed below, due to the way a court might value shares of the...
Read MoreH.R. 4115: Triggering Soaring E-Discovery Costs
David Lender is Co-chair of the firm's 160-lawyer Complex Commercial Litigation practice and a member of the firm's 15-person Management Committee. Over the past several years, he has successfully tried numerous cases in both federal and state courts. Editor: Are your corporate counsel clients...
Read MoreHealth Care Reform: Upcoming Coverage Changes For Employer-Sponsored Plans
The Patient Protection and Affordable Care Act ("PPACA"), signed into law on March 23, 2010, and amended by the Health Care and Education Reconciliation Act of 2010 (the "Reconciliation Act"), signed into law on March 30, 2010 (collectively, the "Affordable Care Act"), mandates several changes in...
Read MoreTechnology And IP-Focused Joint Ventures, Collaborations & Alliances - Part II: Focusing On China And India
Wang: I'm not sure how much of the audience here has experience in dealing with China, so I'll give a brief history of China's foreign investment landscape. Historically, particularly prior to China's entry into the WTO, joint ventures were the main vehicle used by businesses...
Read MoreCaveat Vendor - Mitigating Fraudulent Conveyance Risk
In this past economic downturn, an increasing number of private equity sponsors have seen their portfolio company sales come under challenge on the basis of an alleged fraudulent conveyance. Many highly leveraged capital structures associated with pre-recession LBOs proved unsustainable in the...
Read MoreTechnology And IP Focused Joint Ventures, Collaborations & Alliances - Part I
Epstein: During this discussion, there will be a lot of references to the term "joint venture" or "JV." We will be using those terms in the broadest sense, namely as an association or collaboration of independent entities that combine resources for a defined commercial purpose and share risks and...
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