Legal Research

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Antitrust Trade and Practice
Tuesday, February 16, 2010
By Neal R. Stoll and Shepard Goldfein

"eal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write: If the current administration persists in formalizing within the text of the Horizontal Merger Guidelines the views of market definition skeptics, we predict their efforts will meet an unhappy end in Article III courts."

Tax Tips
Tuesday, February 16, 2010
By Sidney Kess

"Sidney Kess, CPA-attorney, consulting editor to CCH Inc., author and lecturer, reviews recent developments that affect medical deductions, including rulings on the deductibility of sex reassignment surgery, baby formula and in vitro fertilization; new contribution limits on health savings accounts; and changes to COBRA coverage."

Statute of Limitations on Obtaining Evidence in Foreign Jurisdictions
Tuesday, February 16, 2010
By Steven R. Glaser

"teven R. Glaser, a partner with Skadden, Arps, Slate, Meagher & Flom, write: As indictments continue to be returned based on conduct stemming from alleged cross-border violations, courts have been faced with whether 18 USC §3292 applies such that the prosecution may proceed on charges that would otherwise be time barred. In United States v. Kozeny, the Second Circuit, in a circuit-splitting decision, held that unless the ex parte application requesting tolling of the limitations period is filed prior to the expiration of the statute of limitations - regardless of whether the request for materials from a foreign government was made during the limitations period - the limitations period would continue to run."

SPECIAL REPORTS:

Free: Litigation
Tuesday, February 16, 2010
"n this Special Section from the New York Law Journal, brought to you free by Tinari Economics Group: 'rademark License Disputes Are Unfortunate but Inevitable,''an You Be More Specific?" and 'nterpreting Reliance Two Years After 'Stoneridge.'"

Also, in the highlighted article from this section,

The Securities Act, Underwriters and the Due Diligence Defense
"radley J. Butwin and William J. Sushon, partners at O'Melveny & Myers, and Asher L. Rivner, an associate at the firm, write: With many issuers in or near bankruptcy due to the economic downturn, some underwriters now find themselves exposed, without any real indemnification, to Securities Act claims not subject to heightened scienter pleading standards. In these circumstances, the due diligence defense moves to the fore, as it provides underwriters with a complete defense and adds leverage to negotiate a cheaper settlement than in circumstances where an issuer who is subject to strict liability supplies a deep pocket."

Technology Today

New FTC Blogging Rules Pose Risks for Corporate Advertisers
Tuesday, February 16, 2010
By Shari Claire Lewis

"Shari Claire Lewis, a partner at Rivkin Radler, discusses the FTC's changes to its formal guidance to advertisers as to the steps necessary to keep their endorsement and testimonial ads from running afoul of the Federal Trade Commission Act and its potential consumer protection liabilities. The most significant and practical issue raised by the updated Guidance is the liability risk corporate advertisers now face when relying on or working through social media, such as blogs in word-of-mouth marketing campaigns"