The Deal, Unlocked

A controversial Delaware Supreme Court decision knocks down a tactic for sealing a merger agreement.

Put It All in the Contract

How to avoid 10 potential issues in your outsourcing relationship.

Living with Litigation

The way CEOs handle brushes with litigation will probably determine how successfully they manage their companies.

Prophets of Regulation: Charles Francis Adams, Louis D. Brandeis, James M. Landis and Alfred E. Kahn

The first railroad czar, the first trade regulator, the first Wall Street watchdog, the economist who shook up the airlines in the ‘70s-these are McCraw’s titular prophets, the guys who mastered the art of keeping business in check. McCraw tells their engaging stories-like that of James Landis, father of the SEC, dean of Harvard Law School, alcoholic, tax evader, reported suicide-covering 100 years of U.S. … [ Read more ]

Caught in the Crosshairs

These plaintiff attorneys are smart, competitive and use tactics every top exec should understand.

Drafting a Patent Application (.pdf)

This article is for those who want to be actively involved in drafting patent applications on their inventions. Most inventors want to make sure they’re still a full partner on the team when a patent attorney takes over and starts writing the application. Some inventors go beyond that and want to write either or both of the following: (i) a “provisional” patent application, as discussed … [ Read more ]

The Copyright Cage

Why we should care who gets the merchandising deal from a movie or the song tie-in on a variety show.

“We are in the midst of a cultural war over copyright, in which the salvos show the complete disconnect between the colliding copyright regimes of statute and practicality, law and life.”

2004 Global Forecast of Environmental, Health, and Safety Policy and Regulatory Developments Impacting Industry

A 2002 analysis of nearly 1,000 environmental, health, and safety initiatives spanning more than 40 countries indicates that industry should prepare for more stringent requirements for managing chemicals, addressing global warming, and preventing workplace accidents.

After screening more than 2,000 regulatory initiatives, the researchers identified 865 EH&S initiatives. A detailed analysis of these 865 initiatives against the existing regulatory framework and current industry practices revealed … [ Read more ]

Sweet and Sour Sounds of Home

In this day of business-by-phone-tag, the way a person sounds is almost as important as how she looks. Just as some employers took the “looks” issue a bit too far a few years back, other employers are now getting a bit too picky about the way their employees sound.

None of Your Business

Two experts debate whether industry self-regulation will preserve personal privacy.

Volvo-Scania: Mergers and Competition Policy

Business mergers tend to have fairly dicey odds of success. Failure rates are generally reported to be roughly 50%; poor culture fit or difficulties aligning systems to create inefficiencies tend to stand out as culprits. But a closer look at the economics of mergers reveals that the motivations of corporations, among them increasing market power, can be in direct conflict with the rules … [ Read more ]

Employee vs. Independent Contractor: A Game of 20 Questions

The Internal Revenue Service’s 20-Factor Control Test is the most explicit in its requirements. When determining whether an individual is more appropriately classified as an employee or Independent Contractor, ask yourself the following questions.

Contracts: the Foundation for a Flexible Economy

Professor Todd Zenger examines issues regarding
trust, envy, and committed relationships. His studies show that
contracts, and the legal system that supports them, provide the
foundation on which a flexible and responsive economy is built.

Sp*m Laws

Just the facts, ma’am, about this email marketing problem so controversial we don’t dare spell out its name, lest our email to you be filtered. Looking for the lowdown on unsolicited commercial email (UCE)? This no-frills site provides listings of all sp*m laws in the United States, Europe and other countries, as well as links to relevant cases and articles. You’ll also find a comprehensive … [ Read more ]

Securities Class Action Clearinghouse

The Securities Class Action Clearinghouse provides detailed information relating to the prosecution, defense, and settlement of federal class action securities fraud litigation. The Clearinghouse maintains an Index of Filings of 1763 issuers that have been named in federal class action securities fraud lawsuits since passage of the Private Securities Litigation Reform Act of 1995. The Clearinghouse also contains copies of more than 2000 complaints, briefs, … [ Read more ]

Separate but Liable

Companies have walled off valuable assets in subsidiaries for decades. Are those walls starting to crack?

US ISSN Center

Are you in the market for an International Standard Serial Number (ISSN)? Just like an ISBN, which is the standard identifier for book titles, an ISSN can be used for publications which are issued in parts, usually bearing issue numbers and/or dates (a serial is expected to continue indefinitely). For example, if you are publishing an e-book that you expect to update annually, obtaining an … [ Read more ]

Weil, Gotshal & Manges LLP

Ira Millstein of this law firm is a leading source on international governance issues. Examples of useful material include an Overview of Corporate Governance Guidelines & Codes of Best Practice In Developing & Emerging Markets by Holly Gregory. Also, on the site is a comparison of EU governance codes. Click on What’s New and scroll down for a comparison on the codes.