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Managing Risks Associated With IP
What is risk? Risk is the quantifiable likelihood or expected value of loss or less-than-expected returns. Risk is frequently subjective. It has been reported that some 1500 additional people were killed in automobile accidents following September 11, 2001, when more people chose to drive rather...
Read MoreInsurance Considerations When Entering Corporate Transactions: Will You Still Be Able To Access Historical Insurance Assets After The Closing?
Companies that are considering engaging in any form of corporate or other transaction - such as a merger, asset sale, stock sale, corporate dissolution, or conversion to limited liability company or partnership - need to analyze carefully whether that transaction may affect their ability to access...
Read MoreInsurance Coverage & Recovery
International Arbitration: A Tool To Manage Risk When Dealing In High Growth/High Risk Markets
As many businesses experience declining growth in their domestic and traditional markets, they are looking increasingly towards the "BRIC" countries (Brazil, Russia, India and China) and other high-growth economies outside their traditional trading areas. The report of the International...
Read MoreThe Business Of Corporate Lawyers Waiver Clauses
Introduction All too often, corporate lawyers are branded as "paper pushers," engaged by their clients merely to "paper the deal." Well world, wake up! This misbranding leads to a real inferiority complex among those of us with thin skin. We are more than minions chained to our desks...
Read MoreNinth Circuit Holds That California's "Marine Vessel Rules" Are Preempted By Federal Clean Air Act
On February 27, 2008, the U.S. Court of Appeals for the Ninth Circuit ruled that California's "Marine Vessel Rules," limiting emissions from the auxiliary diesel engines of ocean-going vessels within 24 miles of California's coast, are preempted by the federal Clean Air Act. See Pacific Merchant...
Read MoreWhither Judicial Independence?
In his 2006 Year-End Report a year ago Chief Justice John G. Roberts, Jr., uncharacteristically and dramatically addressed only one issue: judicial compensation. He warned that compensation for federal judges now is so inadequate that it threatens to undermine the independence and strength of the...
Read MorePrivate Equity: Changing Markets, Changing Deals
Private equity firms, having experienced a record-breaking first half of 2007, were among the first to feel the effects last summer when the credit markets came to a standstill. Because of the unavailability of credit, some private equity deals were renegotiated at lower prices. The Carlyle...
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