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Collusion Central
Helping your clients deal with price fixers
By Daniel R. Karon
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So here you have some clients of a business lawyer who think someone they're dealing with is fixing prices or rigging bids. And then there's the old market-allocation scheme. What are the clients to do? What's the lawyer to do? Such arrangements are illegal and the lawyer needs to warn clients what to do: Start with this article.
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Checking out claims of harassment
How to investigate by the book
By Anne Buckleitner
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In the face of an employee's claim of sexual or racial harassment, what's an employer to do? Act with dispatch and document the timeliness. The author discusses the interview and the type of report that should be entailed in a textbook response. |
Down round financings
How to cope with lower valuations for your client company
By Dan Mahoney
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So what's a down round? That's the result when a round of financing occurs after investors place a lower valuation on a company than in previous financing rounds. But how can you minimize the impact? The basic answer is to manage the exposure to liability and reinforce the defensive position of the company and its board. |
New tool in the real estate biz
A tale of parked properties and reverse exchanges
By Mary B. Foster
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First came tax-deferred exchanges in 1991. Now it's reverse exchanges. Learn what you need to know about relinquished property and replacement property. |
Metamorphosis Inc.
Turning a business lawyer into a strategic business lawyer
By Eran Kahana
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Should a business lawyer be a combination legal analyst and business strategist? This author thinks it would help a person's practice. The concept involves business plans, accounting ratios and the entire corporate accounting labyrinth. |
Crossing the border with a bundle
What to keep in mind when moving assets into Canada
By Martin Fingerhut
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This is all about moving capital from one jurisdiction to another. The business lawyer has to keep up with changes in the law, in this case, in Canadian law. There are a lot of concerns to keep in mind - taxes, bankruptcy, how to structure the transaction |
The SEC lightens up
Raising capital is easier with a new safe harbor
By Lola Hale
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How does an investor get funds quickly if there is insufficient interest to go ahead on an initial public offering? Try the "private-to-registered safe harbor," something new from the SEC. There are five conditions to using this step and the private offering has to be separate and distinct. The SEC has met a need and it's up to the business lawyer to know about it. |
The case for in-house opinion letters
You don't have to go to outside counsel
By Bart Schwartz
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The authors present their case in favor of the acceptance of in-house opinion letters, which are becoming common in closing corporate transactions. They discuss a number of cases and consider this a welcome development because of the cost factor. |
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