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No D&O Coverage For Payment To Shareholder Class

Directors' and officers' insurance policies are full of holes and do not provide coverage for many basic corporate exposures. The Genzyme case discussed below demonstrates the prevalence of the insurers' defense that many settlement payments do not constitute "loss" under the D&O policy but...

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Retirement Portfolios: If Tax Diversification Is The Key, Conversion Of A Traditional IRA To A ROTH IRA In 2010 May Be The Answer

Modern portfolio theory states that a diversified portfolio has lower overall risk than a portfolio that is invested in a single asset or asset class. The reason for this is that different types of assets react (i.e. experience changes in value) differently to external factors. For example, when...

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First Circuit Denies Work Product Protection For Tax Accrual Workpapers

1 I.R.M. 4.10.20.2 (7/12/2004). 2 Internal Revenue Code of 1986, as amended, § 7602. 3U.S. v. Arthur Young & Co., 465 U.S. 805 (1984), rev'g 677 F2d 211 (2nd Cir. 1982), rev'g 496 F. Supp. 1152 (D.C. N.Y. 1980). 4 No. 07-2631 (1st Cir. Aug. 13, 2009) (en banc). 5 Announcement 2002...

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Setting The Record Straight On The EFCA

Editor: Please tell our readers about your general practice area. Stock: I represent employers in many different industries in all aspects of labor and employment law and immigration law. I am based in New York City, but handle workplace matters all over the United States. Editor: For the first...

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Advancing Pro Bono To The Next Level

Editor: Ms. Lozner, would you please describe your public service background? Lozner: Public service has always been a priority for me, both personally and professionally. I am one of the five founding staff members for the Lowenstein Center for the Public Interest, which the firm launched...

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U.S. Supreme Court Issues Important Decision Regarding Superfund Apportionment And Arranger Liability Issues

On May 4, 2009, the United States Supreme Court issued its decision in Burlington Northern & Santa Fe Railway Co. v. United States (BNSF), in which the Court addressed the apportionment of liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the...

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The Prevalence Of Privacy: Issues For In-House Counsel In The Information Age

Virtually every company - large or small, private or public, local or national - is subject to a panoply of privacy laws. Privacy legislation in the United States is a complex and confusing patchwork of federal and state statutes and regulations. These laws, which govern a broad spectrum of...

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