Counsel News and Events for Attorneys and Executives

Archive for March, 2017

Court: FERC’s Regulatory Structure Not Biased in Favor of Pipeline Applicants

Court: FERC’s Regulatory Structure Not Biased in Favor of Pipeline Applicants

News
The district court concluded that if plaintiffs “are unhappy” with Congress’s chosen appropriations to FERC, plaintiffs’ “recourse lies with their legislative representatives,” according to Pillsbury Winthrop Shaw Pittman LLP’s Gavel2Gavel blog.

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Madden Remand Muddles Contract Law: SDNY Decision or Sign of National Trend?

Insight
Madden is the latest decision to look past the contractual agreement of the parties to apply state usury and other consumer protection requirements to consumer credit and collections activity, according to an article published by Paul Hastings LLP.

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When Is a Mixed Insurance Contract a Maritime Contract?

When Is a Mixed Insurance Contract a Maritime Contract?

Insight
Whether a mixed insurance contract (i.e., an insurance contract with maritime and non-maritime elements) permits the exercise of admiralty jurisdiction is a complicated question for parties and for the courts, according to a Montgomery McCracken Walker & Rhoads LLP alert.

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Amazon.com Wins $1.5 Billion Tax Dispute Over IRS

Amazon.com Wins $1.5 Billion Tax Dispute Over IRS

News
The IRS contended that the e-commerce giant had inappropriately brought down its U.S. tax bill by grossly undervaluing the assets it transferred to its Luxembourg subsidiary, which the company created more than a decade ago, reports The Seattle Times.

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Ruling Against Acting NLRB GC Offers Opportunity for Employers

Ruling Against Acting NLRB GC Offers Opportunity for Employers

News
Employers who want to challenge their unfair labor practice complaints may want to delay their cases from being heard, according to a source quoted by the Society for Human Resource Management.

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Blue State Attorneys General Leading the Resistance to Trump’s Agenda

News
With Democrats outnumbered in Congress, a coalition of blue state attorneys general has emerged as the strongest resistance to Donald Trump’s conservative agenda, according to an article published by Bloomberg Businessweek.

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The Importance of Clear Contract Terms

Insight
Care in contract drafting is a valuable way to avoid disputes, writes Michael Wilson in Greensfelder, Hemker & Gale’s Construction Law Blog.

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Intellectual Property Liability Considerations for M&A Transactions

Intellectual Property Liability Considerations for M&A Transactions

Insight
Keli Johnson Swan of Scott & Scott LLP offers some insight on a few key considerations to negotiate during any corporate transaction.

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iManage Announces Dates, Details for ConnectLive 2017 User Conference

iManage Announces Dates, Details for ConnectLive 2017 User Conference

Event, May 24-25, 2017, Chicago
Across four days and two continents, ConnectLive 2017 will bring together more than 1,000 iManage customers including CIOs, IT professionals, lawyers, technical architects, legal administrators, professional services firm executives to learn and share ideas on how professional work is changing and how the management of work product is adapting in response to those changes.

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The Importance of Proportionality under the New FRCP Rules

The Importance of Proportionality under the New FRCP Rules

Insight
Exterro has published a new e-discovery case law report titled “The Importance of Proportionality under the New FRCP Rules” that is now available for downloading at no charge.

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Download: When to Send Notices and What Channels Work Best

Download: When to Send Notices and What Channels Work Best

Insight
At “The Perfect Preservation Notice” session at the 2016 PREX, panelists explored the elements vital to a successful legal hold notice.

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U.S. Investors Fight to Preserve SEC Rule on CEO Pay Ratio

U.S. Investors Fight to Preserve SEC Rule on CEO Pay Ratio

News
More than 100 unions, pension funds, activist investors, state treasurers and consumer advocacy groups urged the acting SEC commissioner not to delay the implementation of the rule, Reuters reports.

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Leon Cooperman Ordered to Trial in Insider-Trading Case

News
A billionaire investor could face trial on allegations that he reaped more than $4 million in illegal profits after conversations with a company insider, Bloomberg reports.

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U.S. Investor, CEO Groups Set for Lobbying Battle Over Proxy Challenges

News
A major business trade group’s request that the White House use its influence on the SEC to make it harder to get governance, political or environmental issues onto corporate ballots has a new opponent, Reuters reports.

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Texas May Face Federal Supervision After Judges’ Ruling on Congressional Districts

Texas May Face Federal Supervision After Judges’ Ruling on Congressional Districts

Insight
A Dallas attorney says Texas may have to ask for permission to change election laws after a panel of federal judges ruled the maps drawn for three congressional districts violate federal statutes, according to a post on the website of Androvett Legal Media & Marketing.

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Former Archer Daniels Midland Lead Securities Counsel Joins Stinson Leonard Street

Former Archer Daniels Midland Lead Securities Counsel Joins Stinson Leonard Street

News
Former ADM Lead Securities Counsel Stuart Funderburg Joins Stinson Leonard Street in Decatur, Ill. He works in securities law compliance, capital markets and corporate governance matters

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Marissa Mayer’s $23-Million Severance From Yahoo May Look Obscene. But It’s Even Worse.

Marissa Mayer’s $23-Million Severance From Yahoo May Look Obscene. But It’s Even Worse.

News
Former CEO Marissa Mayer’s golden parachute may end up being more than triple the announced $23 million that she is due from Yahoo in its acquisition by Verizon, according to an article in The New York Times.

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The U.S. Tax Reform and the Energy Sector

Insight
Reforms in the U.S. tax code proposed being considered in Congress could have significant implications for the energy industry in the U.S., and worldwide, according to an article published on the website of Hogan Lovells.

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Is Your Noncompete Agreement Enforceable?

Is Your Noncompete Agreement Enforceable?

Insight
Laws in many jurisdictions generally support reasonable noncompete agreements in employment, but other regulations limit restrictions on separated employees, says , warns David B. Ritter of Barnes & Thornburg in an interview with SHRM Online.

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Writing ‘Subject To Contract’ May or May Not be a Contract

Insight
If a so-called agreement is truly preliminary, in the sense that it does not evidence a fully-baked deal, with agreement on all the essential terms, it really isn’t an agreement at all, writes Glenn West in Weil’s Global Private Equity Watch.

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