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| 1 | Counsel to Counsel Magazine -- September 2008 Complete Issue September 3, 2008 President's Letter: In challenging financial times, it can be instructive to look to companies that have weathered economic cycles through the course of decades. They possess traits that have allowed them to endure and flourish, where others have fallen by the wayside. |
| 2 | Brief Advice: Commercial Transactions -- Negotiating Strategic Alliance Agreements September 3, 2008 LexisNexis Martindale-Hubbell posed the following question to provide a variety of views on this important topic: What are the most effective ways to negotiate strategic alliance agreements in complex commercial transactions? |
| 3 | EU Cross-Border Merger Directive and "SEVIC" - Implications for Corporate Restructurings in Europe Robert Heym, Constantin Conrads; Reed Smith LLP; September 5, 2008, previously published on August 2008 There are numerous reasons to initiate corporate restructuring activities and once started, such activities appear to be an ongoing process that never finds an end. For example, restructuring activities driven by business reasons only will often impose legal and in particular tax risks. |
| 4 | Hospital on the Hook to Temp Agency Employee for Overtime Laurie J. Levin, Joyce Ackerbaum Cox; Baker & Hostetler LLP; August 30, 2008, previously published on August 21, 2008 A recent decision from the U.S. Court of Appeals for the 2nd Circuit should cause hospitals and other facilities to monitor carefully the hours of workers provided by staffing agencies. |
| 5 | U.S. Supreme Court Clarifies and Limits the "Operational Function" Test Brandon A. Lagarde; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; August 30, 2008, previously published on August 25, 2008 In a unanimous decision, the United States Supreme Court ruled on April 15, 2008 that the "operational functional" test articulated in earlier Supreme Court decisions did not create a separate and distinct ground for apportioning income to a state without a finding that the taxpayer's... |
| 6 | Information Security Management and Business Valuation Betty K. Steele; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; August 29, 2008, previously published on August 25, 2008 Information security is a concern for almost all aspects of business and tax compliance and planning functions within a business organization are certainly not immune from these concerns. |
| 7 | New Penalty Rules Apply to Tax Advisors Marie M. Byrne; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; August 29, 2008, previously published on August 25, 2008 Section 6694 of the Internal Revenue Code sets the standards that tax return preparers must follow to avoid preparer penalties. The Small Business and Work Opportunity Tax Act of 2007 (the Act), which became effective May 25, 2007, included major changes to the applicable standards, and... |
| 8 | When Finders Aren't Keepers: Understanding and Mitigating Risks Related to Unlicensed Brokers Matthew Kuhn, Jonathan R. Zimmerman; Faegre & Benson LLP; August 29, 2008, previously published on August 22, 2008 So-called "finders" of capital play an important role in capital markets. They are critical to many small businesses raising early-stage funding in amounts too small to attract venture capital or licensed broker-dealers. They also are a vital part of the private investment in public... |
| 9 | SEC Issues Interpretative Guidance on the Use of Company Web Sites Laurie A. Cerveny, Michael P. O'Brien, Elizabeth Larcano; Bingham McCutchen LLP; August 29, 2008, previously published on August 21, 2008 On August 7, 2008, the SEC issued updated guidance addressing the use of company web sites under the federal securities laws. |
| 10 | California Supreme Court Confirms That Agreements Restricting Employees' Subsequent Employment Are Generally Unenforceable - Rejects "Narrow Restraint" Doctrine Duane Morris LLP; August 29, 2008, previously published on August 19, 2008 In a long-awaited decision, the California Supreme Court has confirmed that restrictive agreements that limit an employee's ability to engage in a lawful profession are unenforceable in California unless given in connection with a sale or dissolution of a corporation, a partnership or a limited... |
