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ABA Section of Business Law


Volume 11, Number 6 - July/August 2002

Class actions today
What's right and what's not
By Anne P. Wheeler

 

A plaintiff's lawyer and an in-house counsel discuss the state of class-action law today.

 Departments
    Meeting Morsels
    Snap Judgments
    Business Letters
    Section Calendar
    Legal Ease



Securities class actions
A company's bad news gets worse
By Lisa Klein Wager and Adrienne M. Ward
 

What is the origin of domain names? The author discusses the procedures to select and register a domain name. You have to start with a business objective . . .


Looking back . . . in a collective way
A short history of class action law
By Susan T. Spence
 

This brief recounting of class-action law begins in England in 1125 and in the United States in 1842 and brings us up to the present.


Two views on asset securitization and bankruptcy reform
These two authors are commenting on Section 912 of the proposed Bankruptcy Reform Act. Asset-backed securitization is attractive because it eliminates the risk that assets will be subject to claims of originators' other creditors; but would the proposed section reduce the oversight of a bankruptcy court in policing sham secured loans? In light of Enron, the legislation may be dormant, but what should happen?
 

 Is this about Enron?
    By Jonathan B. Lurvey
 Section 912 is dangerous
    By Jonathan C. Lipson

 

About securitization   By David Gray Carlson

 

Dangers lurk in cyberspace
A primer on risks and insurance
By John E. Black, Lorelie S. Masters and David S. Weitzel
 

The authors identify the cyber risks that are out there, such as in the computer network system, e-commerce, privacy matters, intellectual property, defamation, ads, etc. They continue by discussing the kinds of insurance that are available to deal with the assorted dangers.


Selling securities on the Net
A lesson in law and a promise for the future
By Stacey L. Nader
 

Yes, both the SEC and state securities regulators encourage online offerings, but online issuance is still not commonplace. What should the company you're advising be considering in the e-mail delivery of prospectuses, the whole matter of hyperlinks, etc.?


Comparisons and consequences
A primer on like kind exchanges
By Michael P. Dunworth
 

The author has set out a basic primer on such exchanges, covering such areas as replacement property, multiple-party exchanges, safe harbors and reverse exchanges.


Work station or purgatory?
Steps toward a company policy on e-mail and using the Net
By Kathleen M. Porter, David Wilson and Jacqueline Scheib

The author has set out a basic primer on such exchanges, covering such areas as replacement property, multiple-party exchanges, safe harbors and reverse exchanges.

 

Some sample provisions and why to use them
  By David B. Wilson, Jacqueline P. Scheib and Kathleen M. Porter

 

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