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Stoneridge v. Scientific-Atlanta : Securities Fraud Defendants Look To Continue Their Streak
The Supreme Court recently heard oral argument in the latest in a string of highly consequential securities fraud cases: Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. , No. 06-43.At issue is so-called "scheme liability" - specifically, whether the Supreme Court's 1994 Central...
Read MoreIt's Time To Rethink The Lawyer's Role In Dealmaking: Start By Facing Up To The New Realities
Many lawyers no longer add real value to dealmaking. That's perhaps a startling and somewhat harsh allegation - especially from a couple of M&A lawyers - but we're afraid it's true. Let us explain Although the investment banks, private equity players, and M&A boutiques have kept pace...
Read MorePreparing For China's New Employment Contract Law
On January 1, 2008, China's new Employment Contract Law1 takes effect. The legislative process behind the new law was characterized by an unusual degree of openness. The bill was first formally introduced in March 2006 when the Standing Committee of the National People's Congress ("NPC") decided...
Read MoreIf Your Company Accepts Credit Cards, You Need To Read This
On December 4, 2003, Congress enacted the Fair and Accurate Credit Transactions Act ("FACTA"). Laudably, Congress sought to address rampant and costly identity theft and credit card fraud. The good news is that, because of FACTA, consumers are now entitled to a free credit report each year. The bad...
Read MoreHarmonizing The Globalization Of Antitrust Laws
To suggest that antitrust and competition concepts are becoming more global is akin to suggesting that ipods might be more than a fad. Antitrust globalization is old news. Consider, for example, the International Competition Network (ICN), which formed in 2001 with the hope that it would become a...
Read MoreA New Takeover Wave?
A Prediction The ancient Chinese philosopher Lao Tzu said, "Those who have knowledge, don't predict. Those who predict, don't have knowledge." Notwithstanding that warning, I predict that this century will be viewed as the Chinese era for the profound effect China will have on global economics,...
Read MoreThe Changing Role Of General Counsel: From Reactive To Proactive; From Passive To Being The Company's Conscience
Editor: Please tell us something about your career. McDole: I have been practicing law for 34 years. I began my practice with Kirkland & Ellis in Chicago in 1973, where I became a litigation partner in 1978. My focus during those years was on complex commercial litigation, including...
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