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Market Forces Make Compelling Case For 'Go-Private' Transactions

The past two years have created an increasingly challenging business environment for companies with a market cap of under $200 million. In addition to new regulatory requirements, liabilities, and other legal scrutiny, these companies face fundamental market changes that are driving many to rethink the value of being public.

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Deciding Whether To Pull The Trigger On Patent Infringement Litigation Requires Thorough Up-Front Analysis

Whether to file a patent infringement lawsuit is ultimately a business decision of company management. When performing the required cost-benefit analysis, management often will rely heavily upon strategic input from in-house counsel. Recent media reports about enormous jury verdicts often ...

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Conflicts And Landmines To Watch For In Private Equity Deals

While many dedicated corporate sponsored venture funds have disappeared (at least for now), strategic corporate co-invests in venture deals remain a staple of the biotech, IT and telecom venture investment sectors. In-house counsel for the strategic corporate investor needs to ...

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Codes of Conduct: A Legal Imperative And A Business Tool

As in-house counsel, your goal in establishing or brushing-up your company’s “code of conduct” or “code of ethics” should be more than minimum compliance with Sarbanes-Oxley or stock exchange rules. Regardless of whether your company is a publicly traded company, ...

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New Insurance Coverages Allow Greater Control In Managing Risk

Business is all about risk, and the business of in-house counsel involves managing certain risks in ways that make economic and legal sense. Recent developments in the insurance industry may provide businesses with additional tools to meet the various legal ...

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Rhode Island Supreme Court Amends Pro Hac Vice Rules For In-House Counsel

(Editor’s note: Below is an order issued recently by the Rhode Island Supreme Court amending the pro hac vice rules including those for for in-house attorneys.) Supreme Court In re: Amendment to Article II, Rule 9: Pro Hac Vice Admissions ...

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The 2004 Proxy Season Takes Shape

In the October 2003 SEC Watch, I outlined proposed Securities and Exchange Commission amendments requiring proxy disclosure of nominating committee practices, and establishing procedures for shareholder communications with the board of directors. In November 2003, the SEC adopted the proposed ...

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