All GLG News Analyses Filed Under: Legal Issues
Posted October 22, 2007Foreign investors can seek redress in US by way of Securities Class Actions
Analysis of: Securities case opens way to US lawsuits | www.msnbc.msn.com
Author: Martin Alpert, Claim Director CAMBRIDGE INTEGRATED SERVICES GROUP INC
Is the US Court system the most appropriate place to resole what some may think are foreign disputes? The heightened potential for exposure in the US clearly attracts foreign investors.
Posted October 18, 2007Supreme Tax Court: A deferred item must be dissolved if within a tax group the controlling company sells its shares of the subsidiary company
Analysis of: Auflösung passiver Ausgleichsposten bei Organschaft | www.sis-verlag.de
Author: Peter Dehnen, Partner Dehnen.Lawyers
This article discusses a remarkable judgment by the highest German tax court. With its decision from February 7, 2007, the Supreme Tax Court contradicted the tax authority’s long standing approach and stated that the regulation contained in section R 63(3) of the Corporate Tax Guidelines (Körperschaftsteuerrichtlinien;...
Posted October 17, 2007QCOM/BRCM: New Trial Unlikely in Santa Ana
Analysis of: Judge May Grant QCOM a New Trial | biz.yahoo.com
Author: Douglas Lichtman, Professor of Law University of California, Los Angeles
There is significant confusion in the press over the status of the BRCM/QCOM dispute in Santa Ana. The simple summary is that BRCM right now faces a choice: delay the final decision and have a chance at an extra $20M, or accelerate to a likely injunction but waive any right to that extra cash. ...
Posted October 17, 2007
Strange Bedfellows : US and EC Raiding Mostly Swiss Freight Forwarders in Cartel Probe
Analysis of: Company tip triggered international freight investigation: Swiss officials | www.iht.com
Author: GLG Member Program Contributor
Analysis of: Company tip triggered international freight investigation: Swiss officials | www.iht.com
Author: GLG Member Program Contributor
Eerie things happened on October 10-11, 2007 when EC and US inspectors, presumably accompanied by the Swiss investigators ( as Switzerland is not a member of EU ) , raided offices of Swiss-based Kuehne & Nagel International AG and Panalpina Welttransport Holding AG. To be sure, there...
Posted October 10, 2007EED is clearly the wave of the future
Analysis of: Defuse Fear and Disarm EDD Vendors Pt. I | www.law.com
Author: Martin Alpert, Claim Director CAMBRIDGE INTEGRATED SERVICES GROUP INC
With the increasing volume of data management & dissemination EED is at least for know the obvious answer. EED is mainly a child of the Federal Rule changes and the surge of discovery that is being authorized.
Posted October 9, 2007
FDA & Buckman v. Recent Tests of State-Law Claims Preemptions
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: GLG Member Program Contributor
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: GLG Member Program Contributor
Protection from the State suits has been based on unanimous verdict of Federal Court in case of Buckman Co. v. Plaintiffs' Legal Committee, 531 U.S. 341 (2001). The Court said basically that: (1)"Policing fraud against federal agencies is not a 'traditional' state function."(2)"Existing federal law...
Posted October 9, 2007
From this acorn, a mighty tree may rise
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: GLG Member Program Contributor
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: GLG Member Program Contributor
1. The issue of Federal versus state law is always important as both levels of government expand their regulatory scope. When the two clash, which will predominate? 2. This case involves the issue of rules made by a state legislature versus the authority of a Federalr regulatory agency. Are regulatory...
Posted October 8, 2007
The possibility of a narrow holding favoring state claims.
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: GLG Member Program Contributor
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: GLG Member Program Contributor
Although it is expected that the Court will reverse the Second Circuit's opinion, an alternative, reasonable outcome is that the narrow holding that that the Second Circuit's opinion should be construed narrowly as allowing exclusively claims under Michigan law brought in the Second Circuit and in which...
Posted October 8, 2007Pre-emption:A litigation shield for many companies in State Court.
Analysis of: Supreme Court to Address Pharmaceutical Companies' Protection From State Suits | www.law.com
Author: Martin Alpert, Claim Director CAMBRIDGE INTEGRATED SERVICES GROUP INC
Will federal regulation on pharmaceutical & medical devices finally be consistently applied to all attempts at State court litigation/ Is the surge in state court product liability suits a soon thing of the past.
Posted October 5, 2007German Supreme Tax Court allowed for the deduction of interest payments on a loan used to finance the acquisition of shares even after the shares are contributed into another corporation
Analysis of: Kein Abzug von Schuldzinsen aus Darlehen zur Refinanzierung einer GmbH-Beteiligung nach deren Veräußerung | vershp.invedaweb.de
Author: Peter Dehnen, Partner Dehnen.Lawyers
The heading of this article is phrased as if there where no deduction of interest payments on loans used to finance the acquisition of shares possible under German jurisdiction. But that is not the full story. As it is often the case when it comes to German tax law, things appear to be tricky. That...
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