Business and Securities Law Forum

The newsletter of the ISBA’s Section on Business and Securities Law

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2000 Articles

The Anti-cybersquatting Consumer Protection Act: an end to an old problem or the beginning of a new one? By Dutro E. Campbell October 2000 Over the last few years, the Internet has drastically changed the way business is conducted in the U.S.
Apparent authority­confusion abounds By Charles W. Murdock 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.
Arbitration of securities Industry employment disputes in flux By James J. Moylan June 2000 In Gilmer v. Interstate Johnson Lane, 500 U.S. 20, (1991), the United States Supreme Court held that the securities broker-dealer's 62 year old manager's claim for age discrimination under Title VII's Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.] ("ADEA") must be arbitrated
BusinessLaw Flash Points℠ By Donna J. Cunningham October 2000 The U.S. Supreme Court has launched its own website, which contains court decisions, the court schedule and calendar, rules, bar admission forms, weekly orders granting and denying new appeals, and news releases.
BusinessLaw Flash Points℠ By Donna J. Cunningham June 2000 Author's note: Lots going on this month, so this will be a longer than usual newsletter. However, many of this month's cases have not yet been posted. If a link does not work, try again later.
Case law update By David E. Doyle June 2000 In Aste v. Metropolitan Life Insurance Company, MetLife Securities, Inc. and Anthony M. Williams, Docket No. 1-99-2574 (First District, March 28, 2000), the First District Illinois Appellate Court handed down a decision that may cause brokerage firms to examine the validity of the arbitration clauses in their customer contracts.
Chairperson’s column April 2000 I am both honored and privileged to serve as Chair to the Corporation, Securities and Business Law Section Council.
Chairperson’s corner By A. Jay Goldstein October 2000 Welcome to the first issue of the Corporation, Securities and Business Law Section Council newsletter for the upcoming bar year
Early stage venture finance: sources of data for the “angel” round By William A. Price June 2000 "Angel" finance deals, according to "The Process and Analysis Behind ACE-Net," a policy paper on the U.S. Small Business Administration Website, number about 650,000, and involve about ten private investors each, at about $65-66,000 per investor.
Enterprises and finance By William A. Price April 2000 A business lawyer can serve many roles, for many different sizes of company.
From the co-editor By Robert C. Knuepfer, Jr. October 2000 This edition of the newsletter has several interesting articles, with a focus on the internet, including a look at the new Anti-cybersquatting Consumer Protection Act, and a thoughtful analysis of doing an IPO "road show" over the Internet.
From the editor By Donna J. Cunningham June 2000 This edition of the newsletter has several interesting articles, including a discussion of arbitration issues in the securities industry, and an informative analysis of "angel" funding for start-up companies.
From the editor By Robert C. Knuepfer, Jr. April 2000 This is the first regular newsletter for 2000.
Income tax analysis: C corporation retained earnings or partnership status for major investment by new partner By William A. Price April 2000 The following is a draft letter to a client with $1 million in net earnings who is considering a joint business venture with an active investor. For discussion's sake, the investor is assumed to also have $1 million in net income from another business.
Restrictive covenants for independent contractors By David E. Doyle April 2000 In the recent case of Eichman v. National Hospital and Health Care Services, Inc., No. 97 CH 13460 (First District, October 18, 1999), the First District Appellate Court, affirming the trial court's decision, held that restrictive covenants contained in an independent contractor's agreement with a company were not enforceable.
SCOR amendments By James J. Moylan April 2000 The North American Securities Administration Association, Inc. ("NASAA") recently issued revisions to the Small Company Offering Registration ("SCOR") Form U-7 and the related SCOR Issuer's Manual. (Adopted, September 28, 1999).
The SEC opens the door to electronic “road shows” By James J. Moylan 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.
Seventh Circuit applies Illinois Survival Statute to bar shareholders’ claims By Donna J. Rolf June 2000 A recent Seventh Circuit case involves the Illinois Survival Statute and the issues a court will examine when analyzing claims brought more than five years after the dissolution of a corporation.
Tax bill hits seller financing By A. Jay Goldstein & Loren R. Stone April 2000 Under a provision in the "Ticket to Work Incentives Improvement Act of 1999" (H.R. 1180), signed into law recently by President Clinton, accrual basis taxpayers using an installment method for asset sales will no longer be able to defer taxes on gains until payments are actually received.
Using public record searching to enhance due diligence By Carol L. Helfrich April 2000 Understanding all aspects of a business, including potential liabilities, is the objective of due diligence investigation.
Venture Data October 2000