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Federal Judge Issues Trademark Ruling On Keyword-Triggered Advertising
Defendant Google Inc. ("Google") won a major legal victory last month when a federal judge ruled from the bench that the Internet search engine could continue its practice of selling ads triggered by searches using the trademarks and company names of others. Government...
Read MoreForm 8-K: Questions And Answers
The SEC's Division of Corporation Finance has issued a series of answers to Frequently Asked Questions (the "FAQ") with respect to the SEC's Form 8-K current reporting requirements. Summary On November 23, 2004, the staff of the SEC's Division of Corporation Finance released the FAQ...
Read MoreInvestment Bank Fairness Opinions: The NASD Requests Comment On Whether To Propose New Rule To Address Conflicts Of Interest
For several months, the Securities and Exchange Commission and the NASD have increased their focus on conflicts of interest with respect to investment banks delivering fairness opinions. The SEC staff has focused considerable attention to conflicts issues where fairness opinions are included in...
Read MoreChanging International Commercial Litigation
Three recent decisions - from the Second Circuit, the U.S. District Court for the Southern District of New York, and the Southern District's Bankruptcy Court - enhance the growing body of law addressing the relationship between U.S. and foreign legal regimes. More significant than the fact that...
Read MoreRecent Legislation Impacts Deferred Compensation And More
In response to the perceived abuse of nonqualified deferred compensation arrangements for the benefit of executives, Congress recently passed the American Jobs Creation Act of 2004 (the "Jobs Act"), which will have a substantial impact on these arrangements. The Jobs Act adds new Section 409A...
Read MoreSecond Circuit Affirms Jury Verdict For Age Discrimination Claim Based On Disparate Impact Theory Under The ADEA
In Meacham v. Knolls Atomic Power Lab., 2004 U.S. App. LEXIS 17873 (2d Cir. Aug. 23, 2004), the United States Court of Appeals for the Second Circuit upheld a jury verdict awarding $4.2 million dollars to seventeen plaintiffs in connection with their disparate impact claim under the Age...
Read MoreExempt Organization Compensation Practices Under IRS Scrutiny
The Internal Revenue Service (the "Service") is expanding its efforts to identify and halt abuse by charities and foundations that pay excessive compensation to their officers and other insiders. The Service announced on August 10, 2004 a new enforcement effort, The Tax Exempt Compensation...
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