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Jones Day Reavis & Pogue is in the Business Services Industry
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Management of Iconic Status
Most often, generating value from such assets involves sharing them among employees, departments and even with other companies in an effort to devise best practices.
Valuation Discounts- An Analysis Of The Services Position Compared With Litigated Cases
"While the Service resists the application of valuation discounts in family business situations, the presence in the Regulations of the willing buyer/willing seller test for determining the value of transferred property means that the courts are generally prepared to consider the reality of significant discounts when properly supported by a...
New Concern to Publicly Held Companies: Protection of Whistleblowers under the Sarbanes-Oxley Act
In response to the Enron debacle, Congress passed the Sarbanes-Oxley Act (the “Act”), which imposes sweeping new oversight requirements on executives, boards of directors, accounting firms, and lawyers of publicly held companies. Although the oversight provisions banning direct loans to officers and directors, imposing certain accounting and auditing procedures,...
Environmental Property Transfer Requirements
ISRA ensures that businesses apportion potential environmental concerns by imposing preconditions on business transactions involving the transfer of industrial properties engaged in the generation, manufacture, refining, transportation, treatment, storage, handling, or disposal of hazardous substances or waste. The purpose of this paper is to help the reader become cognizant of...
Managing the Self-Disclosure Requirement on IRS Form 990 for “Excess Benefit” Transactions with Directors, Officers, and Other “Disqualified Persons”
As tax-exempt organizations gain experience with the intermediate sanctions rules, they are increasingly confronting difficult decisions about whether and how to disclose “excess benefit transactions” with directors, officers, and high-referring physicians on their annual return (Form 990) with the IRS. Post-Enron, both regulators and stakeholders of tax-exempt organizations can...
Recent Developments in Bankruptcy and Restructuring- Vol. 1, 8
This article is a collection of small articles. The first amongst them telling about the perils of purchasing assets in bankruptcy. Also provided alonwith this are articles having titles as follows: Bankruptcy Tax Lien Subordination Provisions Apply Only to Statutory Tax Liens, Confirmed Plan Extinguishes State Law Avoidance Claims, Advocate...
"SEC Adopts Final Rules Regarding Acceleration of Periodic Report Filing Dates and Disclosure
This paper overviews that the Securities and Exchange Commission recently adopted amendments to its rules and related forms to accelerate the filing of quarterly and annual reports under the Securities Exchange Act of 1934 for domestic reporting companies meeting the definition of an “accelerated filer.” The new rules also requires...
CMS Publishes Changes to Provider-Based Regulation
Article concludes that in the two and a half years since CMS published section 413.65, statutory and regulatory changes, including the August 1 Amendments, have relaxed the original standards. Those hospitals with provider-based departments that are not grandfather should review the August 1 Amendments to determine whether the new rules...
Recent Developments in Bankruptcy and Restructuring- Vol 1. 7
This article is a collection of small article. It consists articles that discusses about far reaching implications of the Third Circuit held that a creditors’ committee which cannot be authorized to commence an avoidance action on behalf of the debtor. It also consists an article which says that the Fifth...
CEO and CFO Certification Requirements in Quarterly and Annual Reports Pursuant to Section 302 of the Sarbanes-Oxley Act
On August 29, 2002, the Securities and Exchange Commission released final rules regarding the certification of disclosure in quarterly and annual reports provided for in Section 302 of the Sarbanes-Oxley Act. These rules will also require issuers to maintain, and regularly evaluate the effectiveness of, disclosure controls and procedures designed...
Recent Developments in Bankruptcy and Restructuring- Vol 1, 6
This article is a collection of small articles, which includes in it discussion about: the panel departed from precedent in other jurisdictions to hold that a trustee or junior creditor could compel the government to satisfy tax claims by looking first to non-estate property and also that two Circuit Courts...
A Balancing Act: Multiple Funders for a Single Company
Read the paper to find that raising capital requires the balancing of many interests to create the potential for satisfied investors and a successful company. Today’s challenging capital markets make this task even more difficult. Effective communication and appropriate compromise positions can work to complete the fundraising needed to advance...
Proposed NYSE Corporate Governance Rules
On August 1, 2002, the Corporate Accountability and Listings Standards Committee of the New York Stock Exchange approved a number of proposals to modify and expand the corporate governance and public disclosure requirements for NYSE-listed companies. Largely consistent with their initial proposals in June 2002, the proposals primarily address the...
Recent Developments in Bankruptcy and Restructuring- Vol 1, 5
This article is a collection of small articles which consists of an article that discusses that a New Jersey bankruptcy court held that future asbestos claims may not be discounted in assessing insolvency for purposes of avoidance litigation and also consists of an article which says that the Ninth Circuit...
SEC Approves Acquisition of Powergen plc by E.ON AG to Form Largest U.S. Registered Holding Company
The SEC has approved the creation of the largest public utility holding company to be registered under the Public Utility Holding Company Act of 1935 PUHCA. The new entity has combined annual revenues in excess of $76 billion. The acquisition represents E.ON’s first acquisition in the U.S. utility...
Recent Developments in Bankruptcy and Restructuring- Vol 1, 3
This article a combination of several small artcles includes articles which contains information about California bankruptcy. One article states that according to a Delaware district court, asset transfers need not necessarily take place in conjunction with confirmation of a chapter 11 plan of reorganization to be exempt from stamp...
The Supreme Court’s Decision in Festo Corp.: An Important New Development Regarding the Scope of Patent Protection
Paper deduces that on May 28, a unanimous Supreme Court addressed the conditions under which prosecution-history estoppel bars a patent owner from using the doctrine of equivalents where the patent applicant, during prosecution, narrowed a claim limitation to obtain the patent. The principal limitation on the use of the doctrine...
Creditor’s Failure to Obtain Stay of Confirmation Order Moots Appeal
This article focuses on creditor’s failure to obtain stay of confirmation order moots appeal, and states that the fourth circuit ruled that when a creditor fails to obtain a stay pending its appeal of an order confirming a chapter 11 plan of reorganization, the appeal will be moot if the...
International Construction Developments – What Comes After Partnering
The process of partnering was discussed extensively in the “Construct for Excellence” report published in January 2001 by the Construction Industry Review Committee and as a concept, it is starting to receive support in the construction industry in Hong Kong. In effect, partnering attempts to put communication back into the...
SEC Issues Guidance Regarding Enhanced Financial Disclosures Applicable to Foreign Private Issuers
"In the wake of Enron’s collapse, the U.S. Securities and Exchange Commission has published two releases offering guidance on how to improve financial disclosure practices of reporting companies. Although the Releases were not the product of rulemaking but, rather, styled more as interpretative releases or policy statements, they strongly...
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Jones Day Reavis & Pogue Company Info
NAICS Code
Offices of Lawyers: 541110
