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Haynes and Boone, LLP Document Search Results (151) Show: results per page Sort by:  | Information Sharing: Still Risky After All These Years
Timothy Newman, Jacqueline K. Shipchandler; Haynes and Boone, LLP;
Legal Alert/Article May 24, 2012, previously published on May 24, 2012 Two recent antitrust matters serve as reminders that exchanging sensitive information with business competitors can pose significant antitrust risks - particularly when companies stray from the “safety zones” established by the federal antitrust enforcement authorities.
| | Fifth Circuit: Class Arbitration Proceedings Available Only with the Parties’ Consent
Thad Behrens, David A. Dodds, Matt McGee, Mark Ryan Trachtenberg; Haynes and Boone, LLP;
Legal Alert/Article May 24, 2012, previously published on May 23, 2012 On May 18, 2012, the United States Court of Appeals for the Fifth Circuit held in Reed v. Florida Metropolitan University, Inc. that class actions are available in arbitration proceedings only if there is a contractual basis for finding that the parties agreed to class arbitration. Applying recent...
| | DealThink: Under Siege 2 - Shoring up Your Defenses
Jennifer Thoman Wisinski; Haynes and Boone, LLP;
Legal Alert/Article May 21, 2012, previously published on May 21, 2012 You are the general counsel of a public company. You realize that stockholders (possibly hostile) have been acquiring larger positions in your company. Before your CEO and board are forced to react (and most importantly, before you get an activist letter or Schedule 13D filing), what can you do to...
| | Weathering the Storm: TOUSA Lives: Eleventh Circuit Reinstates Bankruptcy Court Fraudulent Transfer Decision in TOUSA Case
Scott W. Everett, John Middleton; Haynes and Boone, LLP;
Legal Alert/Article May 18, 2012, previously published on May 17, 2012 The pendulum has swung again in the TOUSA, Inc. case, as the Eleventh Circuit recently overturned the decision of the United States District Court for the Southern District of Florida and affirmed the 2009 bankruptcy court opinion ordering the disgorgement of $403 million plus interest from lenders...
| | Acquiring Distressed Natural Gas Assets Outside of Bankruptcy: Good Deals Today May Be Fraudulent Transfers Tomorrow
Charles A. Beckham, Karl D. Burrer, Bernard F. Clark, Kenric Kattner, Stephen M. Pezanosky; Haynes and Boone, LLP;
Legal Alert/Article May 18, 2012, previously published on May 16, 2012 Technological innovation has changed the landscape of domestic natural gas production from shortage to surplus. The result: a glut of natural gas and historically low prices. While many producers have successfully hedged against this risk to date, as older hedges roll off, many companies are unable...
| | Recent U.S. Court Decisions Regarding Section viii "Carve-Outs"
Michael M. Shen, Stephanie Sivinski; Haynes and Boone, LLP;
Legal Alert/Article May 17, 2012, previously published on May 15, 2012 Three recent decisions bolster a generic manufacturer’s ability to challenge Orange Book listings and obtain ANDA approval through section viii “carve-outs.” In Caraco v. Novo Nordisk the U.S. Supreme Court unanimously held Caraco could use the Hatch-Waxman’s counterclaim...
| | The JOBS Act: The New “Crowdfunding” Exemption
Doug Hansen, David H. Oden; Haynes and Boone, LLP;
Legal Alert/Article May 8, 2012, previously published on May 7, 2012 One of the most innovative and exciting sections of the new Jumpstart Our Business Startups Act (the “JOBS Act”) creates a new “crowdfunding” exemption from state and federal securities law registration. Through this new exemption, issuers and investors may communicate by...
| | Think Globally, Act Locally (in Your Workplace): Changes to OSHA’s Hazard Communication Standard
Matthew T. Deffebach, Erin Shea; Haynes and Boone, LLP;
Legal Alert/Article April 30, 2012, previously published on April 27, 2012 The Occupational Safety and Health Administration (“OSHA”) recently released a final rule that aligns its hazard communication standard (29 C.F.R. § 1910.1200) with the United Nations’ Globally Harmonized System for Classification and Labelling of Chemicals...
|  | M&A in the Cloud
David H. Oden; Haynes and Boone, LLP;
Legal Alert/Article April 30, 2012, previously published on April 19, 2012 During the past year and a half and continuing today, we are witnessing a surge in M&A activity which we believe is based (in large part) on the tremendous growth of the Cloud. Bloomburg reports that while 2011 M&A deal volume in the technology industry was greater than $200 billion, current...
| | Strategic Partnerships in the Cloud
William S. "Bill" Kleinman; Haynes and Boone, LLP;
Legal Alert/Article April 30, 2012, previously published on April 19, 2012 The Cloud is all about flexibility, and so is partnering. Of the three ways to enter a new market, organic growth, acquisition and partnering, partnering has the advantages of being fastest to market and requiring the least capital. Assume, for example, that software Co. has big data technology...
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