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ARCHIVE: November 2011
FEATURE ARTICLES
Posted: November 20, 2011
By Susy Hassan
This article tracks developments under the NLRA limiting an employer's ability to regulate employee social media use.
By Kenneth A. Adams
A complex source of uncertainty in contract language is ambiguity associated with use of plural nouns and the words and, or, every, each, and any.
By Lewis H. Lazarus and Jason C. Jowers
Because of the Delaware Supreme Court's narrowing of the reach of the implied covenant in Nemec, careful drafting of LLC agreements is more critical than ever.
INSIDE BUSINESS LAW:
Highlights of Committee Work Product
Focus on Banking Law
The Banking Law Committee has just published some timely and fascinating content in the Banking Law Committee Journal. If your practice involves financial institutions, you will not want to miss these recent articles:
  • Are you familiar with the federal regulations outlining "living will" requirements for large bank holding companies and important nonbank financial companies? Such institutions must now prepare plans for their rapid and orderly resolution under the Bankruptcy Code in the event of material financial distress or failure, and Reena Agrawal Sahni and Brandon Smith provide a timely summary of such regulations. [Materials]
  • "Basel III" is a global regulatory standard on bank capital adequacy and liquidity that is currently being implemented by Canada. Blair Keefe and Eli Monas provide a detailed summary of the Canadian implementation, as well as what Basel III will mean to U.S. banks. Don't miss this article, as it provides a chance to gain a full understanding of an emerging issue. [Materials]
  • Business Roundtable v. SEC and What It Means for Dodd-Frank
    Does a recent decision from the D.C. Circuit signal new limits on Dodd-Frank? Satish M. Kini and Samuel E. Proctor address this question in this article [Materials].
  • Business Law and Healthcare
    No matter what the focus of your business law practice, sooner or later you will have to deal with the unique legal issues surrounding the business of healthcare. With that in mind, you will not want to miss these important materials from the 2011 ABA Annual Meeting:
    • For an essential primer on closing deals involving companies in the healthcare sector, you won't want to miss this presentation [Materials | Program Audio].
    • The full implementation of the federal Patient Protection and Affordable Care Act will fundamentally change the business of U.S. healthcare. For a detailed summary of the likely effects, be sure to listen to and view this presentation [Materials | Program Audio].
  • Potpourri of Information from the LLCs, Partnerships, and Unincorporated Entities Committee
    Business lawyers will not want to miss the in-depth analysis of developments in Delaware limited partnership law found in the November 2011 edition of the Pubogram from the LLCs, Partnerships, and Unincorporated Entities Committee and the summary of the TriBar LLC Opinion Report on LLC Membership Interests [Materials].
  • International Service of Process
    Do you ever need to serve process in Spain? How about Kazakhstan? Cross-border service of process is a unique litigation issue that is governed by the Hague Service Convention. The Business and Corporate Litigation Committee makes sense of it with this article [Materials].
  • Update on Insider Trading
    For a compendium of the latest cases and issues regarding insider trading, refer to this presentation from the 2011 ABA Annual Meeting. You may especially appreciate the summary of recent cases in the printed materials, as it will serve as a handy reference guide[Materials | Program Audio].
DEPARTMENTS
Social Media:
Retaining and Supervising Social Media Communications under New FINRA Regulatory Notice 11-39
By Philip J. Favro
Pro Bono in a Green Sense
By Allyn M. O'Connor
A Review of:
Model Merger Agreement for the Acquisition of a Public Company
Reviewed by David A. Katz

The Last Laugh

The Last Laugh
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