Documentation

News & Analysis as of

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

We don't think about personnel files – we just have them. Everything from employment applications to benefits enrollment forms to discipline and discharge documents goes into those files. But did you know that the EEOC...more

Closing a Facility? Don’t Create Human Capital Problems

In recent years, manufacturers have closed facilities, corporate offices, warehouses, and production plants, for a variety of reasons. All too often, manufacturers overlook important legal requirements or planning steps,...more

SEC Sanctions Hedge Fund Advisory Firm For Improper Valuations of Illiquid Securities

Returning to an enforcement priority repeatedly articulated over the years, the SEC recently imposed sanctions on a registered investment advisory firm and two principals arising out of an alleged scheme to inflate the...more

Internal Investigations — Assessing Witness Credibility

As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more

8 Strategies for Compliance Risk Management: How to Fortify Your Efforts, Reduce Risk and Increase Confidence in Your Program

As a compliance practitioner, your goal is to design and oversee a program that’s comprehensive enough to mitigate risk, strong enough to address issues that occur (because they always can, and will) and robust enough to...more

Battle of the Forms in the European Private Placement Market: An Analysis and Comparison of the New LMA Private Placement...

1. Introduction - Over the last few years, there have been ongoing discussions and a series of initiatives aimed at developing a “Pan-European Private Placement Market” (PEPP Market) for private placement transactions...more

Contemporaneous Documentation is Not Always a Good Thing

There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents – documents that are created at the time that events occur. ...more

Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more

Non-Traditional License Documentation – Save Everything!

Scott & Scott, LLP attorney, Christopher Barnett, suggests companies implement strong internal controls to recognize, secure and maintain any and all documentation demonstrating ownership of license for software products,...more

Employment Tip #1

Document, Document, Document!!! Documenting what was said, even with witnesses present, contemporaneously with the event, is the most reliable method to preserve evidence and a good business practice. ...more

"Notice 2013-79: IRS Proposes Revisions to Advance Pricing Agreement Requests"

On November 22, 2013, the IRS issued Notice 2013-79, which contains draft Revenue Procedures applicable to Advance Pricing Agreements (APAs). The IRS requested comments by March 10, 2014. The Revenue Procedure and the...more

Best To Save Plan Documents Until All Retirees And Beneficiaries Are Dead

As a result of industry consolidation over the years, employers can find themselves responsible for pension plans of companies long out of existence. A recent federal district court decision imposed a penalty of $4,470 on a...more

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

Is an Amended H-1B Visa Petition Needed If Job Location Changes?

The H-1B visa is available for temporary workers who are employed by U.S. companies in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer...more

SEC Chairman Addresses Information Overload in Disclosure Documents

SEC Chairman Mary Jo White spoke at length on "information overload" in her October 15, 2013, speech at the National Association of Corporate Directors Leadership Conference. After discussing the benefits and general types of...more

October 2013 Bonus Case Summaries: Nebraska: Court Refuses to Compel Production of ESI Without Specifications

American Home Assurance Co. v. Greater Omaha Packing Co., Inc., 2013 WL 4875997 (D. Neb. Sept. 11, 2013). In this case, the plaintiffs made a motion to compel discovery of emails and other electronically stored information...more

CFTC Extends Certain SEF Reporting, Confirmation, and Documentation Compliance Dates

commoThe Division of Market Oversight (“Division”) of the U.S. Commodity Futures Trading Commission (“CFTC”) on September 27 and 30, 2013 issued several no-action letters to temporarily registered swap execution facilities...more

Employment Law Commentary -- Volume 25, Issue 8 -- August 2013: Are You Being Served?

Are you being served? (A check list of steps for defendants in employment cases to take at the beginning of a lawsuit.) The purpose of this article is to provide a checklist of steps to take at the beginning of a state...more

CFTC Amends Certain Record Retention and Document Distribution Requirements for All CPOs and CTAs

On August 13, 2013, the Commodity Futures Trading Commission (CFTC) adopted amendments to certain provisions of Part 4 of the CFTC regulations that are applicable to all commodity pool operators (CPOs) and commodity trading...more

UPDATE: Proposed Class Action Based On Offering Document Misrepresentations Certified For Purposes Of Settlement

On May 21, 2013, Perell J. certified a proposed class action against certain defendants in Zaniewicz v. Zungui Haixi Corp. based on misrepresentations in Zungui’s IPO offering documents and other disclosure documents,...more

IRS Disregards Loans To Closely-Held Coporation

It is fairly commonplace for owners of closely held corporations to loan funds to their corporation without full loan documentation....more

Yes, It Is Time to Review Your Estate Plan

You were smart enough to create an estate plan almost five years ago while you were living and working in San Mateo, California. However, with everything else going on in your life, updating the plan is not among your highest...more

Australia: It's never too late - getting sued more than 20 years later

The recent judgment of the Supreme Court of New South Wales in Dymocks v Capral [2013] NSWSC 343 held an architect and supplier liable for events that happened in 1989. This case is an important reminder that contracts...more

TIFIA Program Office Releases Updated Program Guidance and Templates

In other TIFIA news . . . Yesterday, the TIFIA Program Office released updated TIFIA program guidance and loan document templates that purport to reflect the July 6, 2012 enactment of MAP-21....more

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