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WorldCom Class Action Suits to Remain in Federal Court
The rule that state actions brought under the Securities Act of 1933 cannot be removed to federal court is trumped by a bankruptcy rule that says suits should be removed where they "relate to" the bankruptcy action, the 2nd Circuit has ruled. Addressing a case of first impression, a two-judge panel said it was resolving what it called the close question posed by a direct conflict between the 1933 act and the bankruptcy removal statute.Security Hawks Gain Voice in Foreign Deals
Should Tom Ridge be in the business of regulating international mergers? President Bush has decided that he should. In a little-noticed move, Bush has installed the secretary of homeland security as a member of the obscure regulatory body that weighs the national security risks posed by major foreign investments in U.S. companies. Some experts suggest the move could dilute the influence of those who champion cross-border investment.Corporate Disputes Dominate the Docket as a New Justice Joins the Court
The Supreme Court's business-heavy docket this term seems almost tailor-made to engage and challenge its newest member, Justice Sonia Sotomayor. A one-time intellectual property litigator and a veteran judge from the 2nd Circuit, Sotomayor is unlikely to hesitate to jump into the mix on corporate issues. In fact, during a special Sept. 9 reargument of a campaign finance case, Sotomayor made a comment that has some wondering if she has a re-examination of the foundations of corporate law on her to-do list.Federal Judge Nixes $31.5M Contribution for Cendant, Querying Reasonableness
Cendant Corp.'s effort to recoup $31.5 million from its former president, E. Kirk Shelton, met a setback on Thursday when Eastern District of New York Judge William Walls denied summary judgment due to an issue of triable fact concerning the fairness of the settlement. Though Walls himself approved the settlement as fair, reasonable and adequate to the settling plaintiffs, and the 3rd Circuit agreed, Walls noted that no court had determined whether it was fair and reasonable to Cendant.Spot Bribery 'Red Flags' to Avoid Getting Caught in Government Crackdown
Faced with a government crackdown on bribes overseas by American businesses, attorneys are urging corporate clients to protect themselves by adopting detailed Foreign Corrupt Practices Act compliance programs. Paul R. Berger, a Debevoise & Plimpton partner, says, "If you operate in a high-risk country, something is inevitably going to go wrong." The U.S. Justice Department also advises companies to be aware of certain important "red flags" while negotiating a business relationship with foreign entities.Key Witness Against Former Brocade CEO Is Balking
A key government witness against former Brocade CEO Gregory Reyes has recanted her testimony, according to a defense motion for a new trial. During trial, Brocade finance employee Elizabeth Moore told jurors that people in her department did not know about backdating at the company, because they had been deceived by Reyes and HR chief Stephanie Jensen. But Moore has since told several people that her testimony was inaccurate -- that she and others in her department knew about backdating at Brocade.Lower Pay, Shorter Hours for Long Island Associates
While the highest first-year associate salaries on Long Island, N.Y., are a full 50 percent lower than New York City numbers, Long Island-based firms contend it's a Big Apple-to-oranges comparison. The quality of life and of practice the Island affords is alluring. In addition to more relaxed billable hour requirements, Long Island firms hire associates anticipating they will make partner.Cleary Set to Launch in Brazil
Cleary Gottlieb Steen & Hamilton becomes the second Am Law 100 firm in as many months to announce plans for an office in S�o Paulo.Trending Stories
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