Monthly Archives: November 2014

Iranian Law Cannot Be Applied in California

When it comes to contracts, largely business contracts, there are often provisions that detail which laws govern the terms of the contract and disputes over those terms, as well as which forum can hear such disputes. More often than not at least one side will prefer that disputes be handled by arbitration, which is a

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Sears May Turn to REITs to Help Raise Cash

We have covered mergers and acquisitions as ways for companies to become more profitable by taking over more significant portions of their relevant industry or market. Spinning off certain departments or arms of a company into its own independent entity (although still tied in as an affiliate or subsidiary of the original) is also a

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Saying “No” to a Takeover Bid Is Usually Not the End of It

As we have covered here in the past, hostile takeover bids have been a common practice for decades now. Often a merger or acquisition starts with a simple offer, but if management of the target company rejects that offer, the buyer may not give up so easily. The realities of saying “no” to such takeover

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Mortgage-Backed Securities Rule Left Out

In the aftermath of the economic recession that crippled the United States economy, as well as economies around the globe, lawmakers, financial/banking experts, and industry lobbyists came together to pass the massive Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. This new law aimed at curbing the risks that pervaded the financial system

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Anti-Inversion Rules May Actually Work

The Obama Administration and the United States Department of the Treasury may have hit paydirt of sorts in the fight to curb corporations from “inverting,” or repatriating to foreign lands in order to avoid higher tax burdens here in the United States. Through a merger or an acquisition between an American and a foreign company,

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Wells Fargo Misleading Customers Costs It $203 Million

Wells Fargo customers struck a major victory with recent news that banking giant Wells Fargo & Co. will be forced to make good on a 2010 damages award pursuant to which it must pay those customers a whopping $203 million stemming from accusations that it fraudulently increased overdraft fees charged to them. The case was

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