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ABA Section of Business Law


Business Law Today
March/April 2001 (Volume 10, Number 4)


features

 

Business Law Today

Volume 10, Number 4 March/April 2001

features

The future is . . .

E-commerce gets a boost with E-Sign(two takes)

The two articles look at the Electronic Signatures in Global and National Commerce Act that went into effect a few months ago and how it compares with the Uniform Electronic Transactions Act. The E-SIGN act validates digital signatures. We see an actual real estate transaction and learn the security doubts that some have.

It’s real — here are the details
By CANDACE M. JONES and JANE K. WINN
The text of UETA Section 16

Now the subject turns to security
By JOHN S. STOLZ and JOHN D. CROMIE

Buying a dot-com
Due diligence is trickier
By DAVID E. SWARTS
Those thinking about acquiring an Internet company should be ready for the higher uncertainty level in this industry, compared to others. One of the biggest challenges is keeping your client from becoming emotionally attached to the deal before the due diligence is completed. Though there’s a heavier emphasis on intellectual property, don’t overlook the traditional requirements of due diligence.

Discovery in arbitration?
Well, it depends . . .
By SEAN T. CARNATHAN
The extent to which discovery is available in arbitration remains unsettled. Can an arbitrator subpoena a third party for a deposition? Document subpoenas are enforceable, but deposition subpoenas are an open question.
Arbitration and the agreement


Going global
How law firms do it and what does it change?
By PATRICK E. MEARS and CAROL M. SANCHEZ
A law firm decides to go global. What will the nature of the overseas offices be? The authors discuss four types of strategic organization (international, multidomestic, global and transnational) and look at the perceptions inside and outside the firm. Globalization is changing the nature of the competition.

Top firms that are expanding globally

Who’s global?

Trimming the reporting when bad times hit
An SEC staffer tells how to do it
By DAVID C. LEE
Just because a company has started bankruptcy proceedings or has ceased operations doesn’t mean that it’s relieved of its public-reporting obligations. The goal is to modify costs of reporting obligations so as to concentrate on liquidation or reorganization into a financially stable company.

A profile of Rocky Morris
A former Section chair looks at a life in business law
By GARRETT ORDOWER
This Columbus, Ohio, lawyer was known for his role in takeovers and for mentoring those new to the Section.

When the location is tribal
A new law affects real estate deals in Indian Country
By MARK D. OHRE
A look at the complexities of doing real estate deals with Indian tribes, things like casinos, etc. These deals are complex because of the special relationship between the federal government and the Indian tribes. A new world is now opening up to entrepreneurs by encouraging economic independence and outside investment in tribal lands – but uncertainty still exists. Remember that each tribe is different.

 

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