Corporate Law

• Due Diligence: Does It Ever Really End? The closing has occurred, documents have been executed, and the consideration has been delivered. There are handshakes and congratulations all around, perhaps followed by a closing dinner and then, finally, a good night's sleep.
• Timing Is Everything: Liability of Directors and Officers Under the Deepening Insolvency Theory Suppose you are a director of a struggling company that owns and operates a small business that has experienced significant losses over the past three years and is struggling to keep up with its creditors. You and the other directors, as well as management, consider filing for protection under the bankruptcy laws but believe that if the company can somehow continue to operate for another 12 months, it will break even and its prospects will be rosier.
• Preferential Treatment: How Textile Trade Agreements Limit or Benefit “Free” Trade When was the last time you bought or wore clothing made in the U.S.? How about clothing made in Europe (besides specialty items such as suits or leather)? If you have bought clothes recently, you are likely aware that most of the items are imported from a developing country, and it is difficult to find clothing made in the West.
• Getting Strategic: Alliances That Click With increasing regularity, businesses of all types announce strategic alliances, joint ventures or partnerships with other companies. Often, the particular alliance or partnership is touted as a vehicle that will produce significant benefits for both companies.
• Corporate Strategies for Combating Cybersmear The Internet, which touches every aspect of our personal and business lives, is having a profound effect on the American securities markets. It creates a cheap, convenient and effective means of communication with investors and promotes the sale of securities with little human interaction.
• Doing Business With The Enemy: Economic Sanctions Against Certain Countries Are A Powerful Weapon In The War On Terror, But They Can Be A Trap For The Uninformed. Most Americans are probably aware that they may not engage in business dealings with nations with which the United States has an antagonistic relationship, such as Cuba, Iraq and North Korea. But many people may not be aware that the United States aggressively enforces a broad range of economic sanctions against 12 countries or geographic areas and more than 3,500 organizations and individuals.
• Cybersmear: Supreme Court “Chats” Over Libelous Internet Messages … The Supreme Court of Georgia recently decided the case of Mathis v. Cannon by a 4 to 3 margin. The case involved freedom of expression on the Internet and posed important Internet defamation law questions.