The Homestead Act and Doing Compliance by Thomas Fox on 5/21/2012 This drove home to me that what a company really needs to accomplish regarding compliance is to do the day-to-day work in its company to help create and foster a culture of compliance. Recently May 7-11 was designated as...more
Patents County Court: Case Management Directions by Jane Lambert on 5/20/2012 Case management conferences are very important in Patents County Court litigation. They present the only opportunity to stay an action or transfer it to another court. They are the occasion when the court decides the...more
Spam, spam, wonderful spam by Jessica John Bowman by McAfee & Taft on 5/18/2012 Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more
In re TOUSA, Inc.— Eleventh Circuit Reinstates Widely Criticized Fraudulent Transfer Decision by King & Spalding on 5/18/2012 On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit issued an opinion in the TOUSA, Inc. (“TOUSA”) chapter 11 bankruptcy cases reinstating a $480 million fraudulent transfer judgment previously...more
Burma/Myanmar: The Suspension of EU Sanctions “A New Chapter in Trade and Investment” by Dechert LLP on 5/18/2012 The European Council on the 14 May adopted Regulation (EU) No 409/2012 that will give full legal effect to the suspension of EU sanctions against Burma/Myanmar. EU High Representative for Foreign Affairs and Security Policy...more
The “Wright” Way to Draft a Termination Provision by Fraser Milner Casgrain LLP on 5/18/2012 n the recently released Ontario Superior Court of Justice decision in Wright v. The Young and Rubicam Group of Companies, it was confirmed that a termination provision in an employment agreement will not be upheld if there...more
Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative... by Cadwalader, Wickersham & Taft LLP on 5/18/2012 Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more
Empowering Compliance Officers: The Key to an Effective Compliance Program by Michael Volkov on 5/18/2012 The test of any compliance program is simple. All you have to do is look to the Chief Compliance Officer and ask these two basic questions: 1. Does the CCO have independent authority and reporting access? 2. ...more
Just When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that Refinanced Lenders Can Be “Pulled Back In” and Held... by Cadwalader, Wickersham & Taft LLP on 5/18/2012 On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the U.S. Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition payments they had...more
Reinsurance Redux - May 2012 by Saul Ewing LLP on 5/18/2012 In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more
Delaware Chancery Court Finds Breach of Confidentiality Agreement and Enjoins Martin Marietta’s Hostile Bid for Vulcan Materials by White & Case LLP on 5/18/2012 A recent decision of the Delaware Chancery Court shines a spotlight on the terms of confidentiality agreements and the critical importance of explicit drafting to avoid unintended consequences. Ambiguous terms in a...more
Franchise Review - May 2012: Franchising in Quebec by Osler, Hoskin & Harcourt LLP on 5/18/2012 When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more
Commerce Department Preliminarily Imposes Anti-Dumping Tariffs on Chinese Photovoltaic Cells by Ballard Spahr LLP on 5/18/2012 The U.S. Department of Commerce announced its preliminary decision to impose anti-dumping duties on imports of Chinese crystalline silicon photovoltaic (PV) cells and modules in a percentage ranging from 31.14 percent to...more
Facilitation Payments Under the FCPA [Video] by Thomas Fox on 5/18/2012 A review of the requirements for the facilitation payment exception under the FCPA....more
Franchise Review - May 2012: Best Practices by Osler, Hoskin & Harcourt LLP on 5/18/2012 In our March 2012 Franchise Review we completed the first part of our two-part commentary on important developments we have seen in franchise agreement and franchise disclosure document preparation in the past few years. We...more