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ABA Section of Business Law


Business Law Today Volume 8, Number 6 - July/August 1999

Clear the decks
The SEC’s ‘aircraft carrier’ proposes sweeping reforms
By KEITH M. MOSKOWITZ
Some might call it SEC Release No. 33-7606A. It means to bring fundamental reforms in the way in which securities offerings are regulated under the Securities Act of 1933. The author details how it evaluates the existing registration system and looks at its impact on the capital formulation process.


U.S. antibribery law goes global
Standards tightening up
By LUCINDA. LOW and TIMOTHY P. TRENKLE
The United States had wanted to level the playing field for its companies by having other countries join it in having tougher laws combatting the bribery of officials. Recently a number of countries have signed on to tougher rules. Some day U.S. companies will indeed have a more level playing field (they are prohibited from bribing foreign officials by the Foreign Corrupt Practices Act and its 1998 amendments).

It’s a question of jurisdiction
Irreconcilable differences in cyberspace
By THOMAS P. VARTANIAN
There have been significant jurisdictional problems when commerce went digital on the Internet. One of the questions is what personal jurisdiction exists over an out-of-state defendant. It’s a matter of minimum contacts and due process.

C’mon, you can do it
Mentor, mentored: It’s not easy, but it’s worth it
By KATHY MORRIS
Mentors in law firms have an obligation and opportunity to lead by example. Unfortunately, effective mentoring remains largely beyond the grasp of today’s lawyer. The author gives tips for the mentor and the to-be-mentored.

Teaching problem solving
New business lawyers need to know how to find the deal
A lawyer’s perspective
By JAMES C. FREUND
An academic’s perspective
By DONALD C. LANGEVOORT

Getting - or not getting - the word out
Disclosure for analysts, investors and the press
By KARL A. GROSKAUFMANIS
This concerns the selling of securities. The key objective is to get the company’s story out into the workplace. Considering that it’s illegal to tip people off, companies need to keep in mind obvious legal risks without muzzling the messenger. The author gives 10 rules of thumb.

It’s a question of control
Some guidelines for compliance in a scattered sales force
By PAUL HUEY-BURNS and ROBERT FOSTER
What challenges are there for diffused sales organizations? The authors discuss how decentralized reps for investment companies should be managed and what potential liabilities exist for their faraway management.

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