Nov 22, 2017

2017 Federal Environmental Update

Dave Moore spoke to Manufacture Alabama on November 15, 2017 about new Federal environmental initiatives, from the regulatory reform started in the first week of the new administration to the recent sue and settle, Superfund and scientific advisory committee policies that are destined to change the shape of the federal environmental landscape.  Dave spoke immediately following EPA Region 4 Regional Administrator Trey Glenn and Alabama Department of Environmental Management Director Lance LeFleur. Download his complete presentation.

Mar 30, 2012

Overview of Private Activity Bond Financing and Incentives

SCOPE OF THIS OVERVIEW This memorandum provides a brief explanation and overview of tax-exempt Private Activity Bond (formerly known as Industrial Development Bond) financing under the Internal Revenue Code of 1986, as amended (the “I.R.C.”), including financing for manufacturing facilities, for Section 501(c)(3) non-profit organizations, for certain “exempt facilities” and in Enterprise Zones.  This memorandum also describes “Taxable Bond” financing and other incentives for the location of industry, which have developed as an alternative to the more restrictive Private Activity Bond program.  Details concerning “manufacturing small issues,” “Section 501(c)(3) organizations,” “exempt facilities” and “Taxable Bonds” appear in this memorandum.  Bond… Read more

Jan 09, 2001

Lessons Learned – How to Avoid Common Mistakes

Over the past 20 years of representing Finnish companies in the U.S., we have noticed a dramatic improvement in the sophistication of these companies not only in U.S. dealings but globally as well. Although our Finnish clients, which include a broad spectrum of entities from manufacturers to service providers, have been for the most part successful, all too often these companies have made choices or taken actions that have been counterproductive for the desired timetable and objectives. Significant reworking and undoing of various steps in the process has led to disappointment particularly with respect to the performance of the U.S…. Read more

Mar 12, 2002

Plain Talk About Infringement

The U.S. Supreme Court Decision in Festo Corp. v. Shoketsu Kogyo Kabushiki Co., Ltd. On May 28, 2002, the United States Supreme Court issued a ruling in the case of Festo Corp. v. Shoketsu Kogyo Kabushiki Co., Ltd. (“Festo”) (535 U.S. ___ (2002)). In a unanimous decision, the Court held that prosecution history estoppel may apply to any claim amendment made to satisfy the Patent Act’s requirements and not just to amendments made to avoid the prior art. The Supreme Court additionally held that estoppel need not bar suit against every equivalent to the amended claim element. The Court remanded… Read more

Dec 01, 2000

Resolution of Business Disputes

TRADITIONAL DISPUTE RESOLUTION THROUGH LITIGATION The American litigation process is significantly different from systems in other industrialized nations. A general understanding of these differences may impact whether one wishes to expose himself to this process by investing in the U.S. Generally, nearly any breach of a right or duty will be actionable if it results in damage to the party maintaining the action. What rights or duties exist and may therefore be breached is a question of substantive law and is addressed elsewhere in this pamphlet. U.S. Court Systems There are two different and separate principal court systems in the… Read more

Jun 06, 2007

Overview of Continuing Disclosure Requirements for Bond Issuers

Introduction Government bodies take on specific obligations to file information regularly (“continuing disclosure”) when they issue bonds through an underwriter. Failure to affirmatively make such filings has significant consequences. These continuing disclosure obligations are the subject of this Overview. Governmental bonds generally are exempt from the requirements of registration and the filing of periodic disclosure reports under the federal Securities Acts of 1933 and 1934. The exemptions apply both to the governmental bonds of states and local government units, and to “private activity” bonds issued by governmental authorities for the benefit of nonprofit and for-profit companies when the bonds meet… Read more

May 01, 2001

Recent Developments in Employment Law; Personnel Law Seminar

ARBITRATION Recent Development: Supreme Court affirms employer’s right to require mandatory arbitration of employment disputes. Background In an attempt to decrease litigation expenses and reduce exposure to uncertain jury awards, an increasing number of employers are now including arbitration clauses in their job applications, employee handbooks and employee contracts. By agreeing to arbitrate instead of litigate, employees give up their rights to have their claims heard by a jury in a court of law. Arbitration provisions can be an effective, efficient and economical way of disposing of employment disputes. However, such agreements are not without their faults. Why arbitrate? Studies… Read more

Nov 30, 2000

Alternative Dispute Resolution

In Georgia, the State Bar’s Ethical Consideration 7-5 says: “An attorney as adviser has a duty to advise the client as to various forms of dispute resolution. When a matter is likely to involve litigation, an attorney has a duty to inform the client of forms of dispute resolution which might constitute reasonable alternatives to litigation.” Over the last two decades, there has been great interest in finding ways to resolve disputes other than through the traditional court system. Some of the dispute resolution techniques that companies have turned to are fairly new, while others have been used for many… Read more

Sep 01, 2003

The Employee Stock Option – An Endangered Species?

Amid the fallout from the scandals at Enron, Worldcom and numerous other companies has been a renewed focus on corporate compensation practices. Stock options have become a particular subject of scrutiny due to their widespread use, the increasingly large size of grants to executives and the enormous gains realized by some executives on sales of stock option shares at artificially inflated prices resulting from deceptive (and, in some cases, fraudulent) accounting practices. In response to these and other concerns, corporations, shareholders, regulators and oversight groups have all taken or proposed various actions that are likely to change profoundly the stock… Read more