REITs
Long-Awaited REIT Revisions Enacted - 09/08
September 22, 2008

Frank A. Crisafi
Michael K. Rafter

On July 30, 2008, President Bush signed into law the “Housing and Economic Recovery Act of 2008,” which liberalizes some of the tax rules governing real estate investment trusts (REITs) proposed by NAREIT in 2007. View the attachment above for a summary of certain provisions of the Housing Act.



NASDAQ Capital Market Securities to Receive Blue Sky Exemptions - 05/07
Business & Finance
May 21, 2007

Terrence Allen Childers
Robert D. Klingler
Eliot W. Robinson

The Securities and Exchange Commission approved an amendment to a rule under Section 18 of the Securities Act of 1933 that will designate securities listed on the Nasdaq Capital Market as for purposes of Section 18.



Delaware Court Considers Fiduciary Duty Issues in Stock Option Backdating and Spring-Loading - 04/24/07
Business & Finance
April 24, 2007

Eliot W. Robinson

While most of the attention and controversy regarding stock option grant practices has focused on potential accounting misstatements and related securities law violations, a pair of recent decisions of the Delaware Chancery Court demonstrates that corporate law fiduciary duty issues are presented as well.



SEC Allows Electronic Delivery of Proxy Material - 01/02/07
Business & Finance
January 2, 2007

G. William Speer

At an open meeting on December 13, 2006, the Securities and Exchange Commission unanimously adopted amendments to its proxy rules, effective July 1, 2007, that will allow, but not require, companies to furnish proxy materials to shareholders through a "notice and access" model using the internet.



Assumption of Liabilities in Asset Acquisitions: Make Sure You Know What You're Getting - 02/21/06
Business & Finance
February 21, 2006

Stuart C. Johnson
M. Todd Wade

When agreeing to assume the liabilities related to the assets that one is acquiring, be careful that the agreement spells out the liabilities being assumed. Otherwise, as illustrated by the recent decision from the Eleventh Circuit Court of Appeals in Clanton v. Internet Global, LLC, you may find yourself taking on more obligations than initially presumed.



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