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Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.GE and EU Official to Discuss Honeywell
General Electric chairman and CEO John Welch Jr. will meet with European Commissioner for Competition Mario Monti, Europe's top antitrust official, to facilitate quick approval of the company's $45 billion purchase of Honeywell International. Commission officials are studying whether GE's leasing activities, coupled with Honeywell's avionics products, can influence aircraft-market buying patterns.Is a Silicon Valley Indictment in the Works Over Stock Options Backdating?
Defense lawyers involved in the investigations of options backdating say at least one Silicon Valley executive will likely be indicted imminently, possibly with more to follow. Gregory Reyes, the ex-CEO of Brocade Communications, is widely expected to be the first indicted in the backdating mess. And Reyes has been quite public about who he thinks is responsible for the company's options problems: Larry Sonsini, a Wilson Sonsini Goodrich & Rosati corporate lawyer and a former member of Brocade's board.Brazil's Emergence as a 'Major Player' Spurs Growing Investment by Law Firms
Chapter 11 Creditors Can't Sue for Avoidance of Fraudulent Transfers
The 3rd U.S. Circuit Court of Appeals invalidated a widely used mechanism by which Chapter 11 creditors could, with bankruptcy court permission, sue to avoid fraudulent transfers. The court affirmed a finding that creditors are not proper parties to bring avoidance claims under 11 U.S.C. 544(b). The ruling makes the 3rd Circuit the first to disallow such suits, which are lodged when debtors fail to bring avoidance claims.Hedge Fund Pursues IPO Despite Tax Issue
New York hedge fund manager Och-Ziff Capital Management Group LLC filed to go public Monday, saying it hopes to raise as much as $2 billion. Och-Ziff's decision to pursue an IPO suggests that tax changes proposed in Congress last month for hedge and private equity funds may not deter more of them from going public.9th Circuit Invites Additional Briefing on Former Broadcom Exec's Privilege Claim
The 9th Circuit on Tuesday invited outside parties to weigh in regarding whether William Ruehle, the former chief financial officer of Broadcom Corp., should have assumed that statements he made to company lawyers during an internal investigation into stock options backdating were protected by the attorney-client privilege. During oral arguments, a three-judge panel concluded that the issue was important enough to warrant additional input from parties including the American Bar Association.Trending Stories
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