Articles on Business Law

Checklist for financing sources By Gene A. Petersen Business and Securities Law, April 2004 From time to time, a client asks for assistance in seeking financing sources for growth, a business buyout, or other business needs.
Checklist for financing sources By Gene A. Petersen Business Advice and Financial Planning, February 2004 From time to time you may have a client who asks for your assistance in seeking financing sources for growth, a business buyout, or other business needs.
The Maritime Transportation Security Act of 2002: What does it mean to industry? By Patrick Costello Corporate Law Departments, February 2004 Following the events of September 11, 2001, Congress expanded its pending maritime anti-smuggling legislation to include the increased threat of terror attacks at ports and other maritime locations, which constitute the hubs of American vessel traffic
Doing business in the United Kingdom: The UK legal & regulatory environment By Edward Hoare Corporate Law Departments, December 2003 Historically, the UK has depended on international trade more than most countries.
Eyes wide open By Richard Richmond Corporate Law Departments, November 2003 Entrepreneur David Krumrine turned a passion for baking, learned from his grandmother, into a successful company.
Case comments By J. Matthew Pfeiffer & Lessa J. Bauer Business and Securities Law, September 2003 Whether a creditor may pierce the veil of a subsidiary corporation in a separate civil action to hold its parent liable for an unpaid judgment debt based on the subsidiary's failure to follow the standards expected of a corporation to be treated as such an entity.
Reaping the benefits of a financial planner By Patrick Baldwin & Gary Stern Business Advice and Financial Planning, September 2003 By working with a trusted financial planner as a partner, you can strengthen your client relationships and provide more insight beyond developing and implementing estate plans.
Acquiring a corporate aircraft: Ten considerations By Christopher M. Mills Corporate Law Departments, August 2003 At its core, the purchase of an aircraft is similar to the purchase of any other major equipment asset.
What makes a successful company? By Richard H. Wessels Corporate Law Departments, August 2003 How would we at Wessels & Pautsch, P.C. know? We are only labor lawyers. But that does not keep us from having an opinion--at least as to success on the "people" issue
Illinois’ “Sunshine in Litigation” Act endangers proprietary information By Ned Othman Corporate Law Departments, July 2003 Illinois House Bill 1191, also commonly known as the "Sunshine in Litigation" legislation, is pending in the Illinois General Assembly.
In-house counsel must take the lead in coordinating catastrophe By Geary W. Sikich & Valerie C. Perera Corporate Law Departments, July 2003 At a recent conference in Barcelona, Spain, Shell International's senior legal counsel, Campbell Grant, was quoted in the Law Gazette (http://www.lawgazette.co.uk):
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business Advice and Financial Planning, June 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
The hedge fund: Assessing the risks (Part II of II) By Alan L. Kennard Corporate Law Departments, May 2003 In determining whether to create, or invest in, a hedge fund, it is imperative that an investor understand the potential risks common to hedge funds
Business law case update Business Advice and Financial Planning, April 2003 Following is a review of recent case law impacting various areas of business law.
Selling a distribution business in a down market By Bart A. Basi Business Advice and Financial Planning, April 2003 After the boom years of the 1990s, more corporations now are in financial trouble as the economy slows, profits disappear, and revenues shrink
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business and Securities Law, March 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
Affiliated transactions under Rule 17d-1: Business implications for investment management transactions By David M. Butowsky Corporate Law Departments, January 2003 Those of us who practice law in the investment management arena frequently confront important business issues involving section 17(d) of the Investment Company Act of 1940 (1940 Act) and Rule 17d-1 thereunder (collectively 17(d)).
Overlooking liability coverage can be costly By Stanley C. Nardoni Corporate Law Departments, August 2002 Corporations defending lawsuits outside the bodily injury and property damage contexts often forget to check their liability insurance policies for coverage.
From the chair Business and Securities Law, July 2002 This edition of the newsletter has several interesting articles, including one that describes the concept of protected cell companies and their use in finance transactions.
The protected cell companies in a nutshell By Francisco Perez Ferreira Business and Securities Law, July 2002 Among the different factors that contribute to economic growth are the roles played by "offshore" jurisdictions, which in many ways assist or ease different business activities (of commercial, financial or patrimonial nature) around the globe.
What’s new in corporate filings and business entity laws By William A. Price Business and Securities Law, July 2002 The following news is an extract from the first quarter update to my treatise Limited Liability Organizations (http://www.stpub.com/pubs/llo.htm), which provides detailed url's for the state business entity registration sites from which these notes were gleaned, and a variety of other information on business trust, federal tax, state tax, and drafting issues relevant to the many variants of limited liability business entities.
Incomprehensible arbitration award enforceable on appeal By Howard Z. Gopman Business Advice and Financial Planning, June 2002 The plaintiff, IDS Life Insurance Company and American Express Financial Advisors, Inc., appealed, a decision of the arbitrators, which had denied the plaintiffs all the relief they had sought
CPAs as investment advisors By Earl B. Johnston & David F. Wilding Business and Securities Law, May 2002 There is a growing trend in the CPA community. Increasingly, CPAs are expanding their accounting practices to provide investment advisory services to their clients.
The NASD announces regulatory enforcement actions to curb annuity sales abuses By Andrew J. Stoltmann Business and Securities Law, February 2002 In the last eighteen months, the National Association of Securities Dealers ("NASD") has increased regulatory enforcement actions against member firms and registered representatives for variable annuity sales abuses.
Do charitable organizations have a safe haven from general real estate taxes? By Brent H. Gwillim Business and Securities Law, June 2001 The Illinois statute 35 ILCS 200/15-65, entitled "Charitable Purposes" provides that facilities for the aged shall be exempt from real estate taxes when the premises are actually and exclusively used for charitable or beneficial purposes, and not leased or otherwise used with a view to profit.
Electronic business transactions By Ethel Spyratos Business and Securities Law, January 2001 As commerce evolves, businesses are confronting electronic transactions.
Seventh Circuit addresses content of The Statutory Notice Of Election To Rescind under the llinois Securities Law of 1953, as amended By James J. Moylan Business and Securities Law, January 2001 A unique feature of the civil liability provisions in Section 13 of the Illinois Securities Law of 1953, as amended (815 ILCS 5/13) ("Act"), is that the plaintiff/purchaser of the securities must provide the defendant/seller with a written Notice of the Election to Rescind ("Notice") the purchase, "... within six months after the purchaser shall have knowledge that the sale of the securities to him or her is voidable ..."
Software piracy, licensing and compliance: one copy— multiple users By Robert N. Kamensky Business and Securities Law, January 2001 It usually starts with a former or disgruntled employee who, either out of revenge or pangs of consciousness, makes a phone call to one of the many anti-piracy hotlines
Apparent authority­confusion abounds By Charles W. Murdock Business and Securities Law, October 2000 Apparent authority is a doctrine which has generated much confusion in the litigated cases. See Murdock, 7 Illinois Practice--Business Organizations §§2.7­2.9.
The SEC opens the door to electronic “road shows” By James J. Moylan Business and Securities Law, October 2000 The U.S. Securities and Exchange Commission ("SEC" or "Commission") staff recently issued a "no-action" letter, (i.e. the staff will not recommend the initiation of enforcement action to the Commission), to Charles Schwab & Co., Inc. ("Schwab") in connection with its plan to present a "road show" over the Internet prefatory to an initial public offering of securities.

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