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SEC's New Disclosure Rules
October 14, 2004
On March 16, 2004, the Securities and Exchange Commission issued final rules amending Form 8-K to increase significantly the number of events that trigger the requirement to file and shorten the deadline for filing. The new rules became effective on Aug. 23, 2004 and significantly expand the filing and disclosure requirements applicable to public companies with respect to mergers and acquisitions and other material transactions. The rules are another in a long series of measures adopted by the SEC pursuant to the Sarbanes-Oxley Act of 2002 and are intended to improve the dissemination of information regarding public companies to investors in a timely manner.
Internal Rate Of Return: A Simple, Non-Mathematical Explanation
October 14, 2004
How do venture investors compare investments in portfolio companies when the amounts invested, the timing of those investments, the returns, and the timing…
Managing IP Value at Risk
October 08, 2004
In Part One of this article, we examined the risks to intellectual property (IP) value that would most preoccupy IP professionals, including: third-party risks for infringement liability, first-party risks to IP assets, and Directors & Officers (D&O) risks arising out of relevant valuation and disclosure. However, as IP specifically accounts for a higher ratio of market capitalization and shareholder value for publicly traded corporations, strategic choices relating to IP impact the firm's financial fortunes in more subtle ways, commensurate with that increased value. To cite one salient example: For IP-rich companies, tax planning is increasingly intertwined with Intellectual Asset Management (IAM) strategy.
Managing the Risks of Doing Business in Latin America
October 08, 2004
This is the second article of a two-part series about managing the risks of doing business in Latin America. Last month's installment described Latin America as a region blessed with impressive worker productivity and natural resources, but also troubled by pockets of political and economic unrest. The article concluded that Latin America represents a fertile business frontier for equipment leasing and finance companies that are willing to manage risks proactively. It covered potential market entry risks and suggested strategies for reducing exposure. This month's article explores operational and exit-strategy risks to consider before expanding into Latin America. Risks are summarized in the Risk Map for Doing Business in Latin America (Table 1), published last month, which I developed based on experiences in the region. The map is intended as a checklist that outlines typical risks and management strategies. However, as every business is unique, companies should also attempt to identify additional risks and/or their own approaches.
e-Leasing: Building an Effective Process
October 08, 2004
Improved operational efficiencies and the potential for lower-cost market penetration and expansion are just a few of the more common business justifications for adoption of an e-commerce process. These same justifications, as well as others, are sure to resonate with the equipment leasing industry. An initial consideration in adopting any e-commerce process is an analysis of relevant e-signature and e-record laws and the risks inherit in electronic transactions.
Today's Pharmaceutical Criminal Investigation Is Tomorrow's Product Liability Lawsuit
October 06, 2004
In today's notoriously litigious atmosphere, a spark of governmental investigation can quickly ignite into product liability litigation. The events surrounding the recent $430 million Neurontin global agreement provide a notable example.
Online: Web Site Advocates Health Care, Prescription Drug Access
October 06, 2004
The Community Catalyst created the Prescription Access Litigation Project ("PAL") in 2001 to use class action litigation and public education to end pharmaceutical price inflation. The Community Catalyst is a national advocacy organization that encourages consumer and community participation in the molding of our health system to ensure quality, affordable health care for everyone. Visit the Web site at <i>www.communitycatalyst.org.</i>
New U.K. Rules Mean Telemarketing Just Got Harder
October 06, 2004
Since June 25, companies in the United Kingdom will for the first time be able to avoid receiving "cold calls" ' unsolicited telemarketing calls ' by registering their phone number on a statutory list that bars the calls. <br>This has caused some consternation in the U.K. telemarketing industry, but it should be seen as just the latest development in information privacy in Europe.
Avoiding The Top 10 Legal Difficulties Facing Home-based e-Commerce Ventures
October 06, 2004
With the Internet being everywhere, it's no surprise that it penetrates every aspect of a home-based e-commerce venture, along with Internet law, which has developed in lock step with the Internet. <br>And as more people chagrined by the fickle economy turn to their own residential Internet connections as conduits for electronic business, these entrepreneurs find themselves exposed to legal difficulties previously reserved for large traditional businesses. <br>To succeed, this new generation ' and older commercial operations that have adapted to the Information Age ' must know about Internet law, as do counsel who advise them.
Sale-Leaseback Transactions in the 'Corporate Scandal' Era
October 06, 2004
In the era following Enron, Worldcom, Tyco, IMClone and Martha Stewart, when fraudulent actions, or even alleged fraudulent actions, can cause significant stock market losses, those operating "on the edge," if found guilty of "going over the edge," may face a sentence that could include incarceration as well as economic punishment. Since the corporate scandal trials almost always involve financial re-engineering, it is no surprise that these trials and the concomitant publicity would have an impact on sale-leaseback transactions ("SLTs") and those planning such transactions. It thus should be expected that in the post-Enron era, all financial and accounting transactions will be examined with a heightened degree of scrutiny, particularly those with an aroma of fancy accounting. Corporate executives and outside advisers now know that it is much harder to obtain a free pass for bad accounting. With the stakes for advising aggressively on SLTs having been significantly raised, it follows that SLTs are now becoming increasingly more difficult and complicated to complete.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • The Anti-Assignment Override Provisions
    UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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  • Chambers & Partners: What's New After Sale
    On Nov. 10, 2023, Abry Partners, a leading North American middle market private equity firm, announced that it had acquired Chambers & Partners for $449 million from Inflexion, the UK private equity firm that purchased Chambers in 2018. What will this mean?
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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