Mergers & Acquisitions Law Report Index-Summary

IDENTIFY THEFT

– Corporate identity theft, state officials probe use of public databases, 1177

INDEMNIFICATION

– Directors and officers, Del. cases offer guidance, 1049

INDIA

– Foreign direct investment

– – Joint ventures, rules to ease for existing ventures proposed, 858
– – Policies consolidated, 363
– – Retail market, discussion paper favors, 673; Wal-Mart CEO urges opening up market to multibrand retailers, 990
– – Rules eased, 321

– Pharmaceutical companies, Abbott to acquire generic drug unit of Primal, 529
– Taxation, capital gains tax may be due on purchase of domestic company between foreign firms, 860

INFORMATION TECHNOLOGY

See TECHNOLOGY INDUSTRY

INSIDER TRADING

– Accountants

– – Deloitte & Touche former partner and son settle SEC charges (SEC), 739
– – Deloitte former partner and spouse charged in family trading ring (N.D. Cal.), 1111
– – Ernst & Young former partner/attorney sentenced (S.D.N.Y.), 149

– Attorneys

See ATTORNEYS

– BHP Billiton/Potash merger

See MINING

– Day trader, claims over receipt of information from stock broker to proceed (S.D.N.Y.), 1029
– Dell/Perot Systems merge, former Dell administrative assistant charged (W.D. Tex.), 917
– Discovery

– – Bill of particulars, use to uncover information between tiper and spouse (S.D.N.Y.), 661
– – Former private equity association charged by SEC entitled to view FBI and U.S. Attorney's Office criminal investigation documents (N.D. Cal.), 475

– DRS Technologies/American Power Conversion merger, Italian citizen living in UK settles charges (S.D.N.Y.), 938
– EMC/Document Sciences merger, EMC director settles SEC changes (D. Mass.), 104
– Enforcement, detection becoming harder, 1004
– ExxonMoble acquisition of XTO Energy, friends of employee settle SEC charges (N.D. Tex.), 896
– Fortress Investment Group acquisition of Fla. East Coast Industries, employees and relatives charged (N.D. Ill.), 896
– Gilat Satellite Network/Scopus Video Networks merger, Israel citizen settles SEC charges over Israeli company merger (S.D.N.Y.), 125
– Goldman Sachs former association ordered to pay $27M (S.D.N.Y.), 524
– Hedge funds

– – Galleon fund

– – – Advisory firm and Wall Street professional added to investigation (S.D.N.Y.), 1054
– – – Atheros Communications former executive sentenced to prison (S.D.N.Y.), 1030
– – – IBM former exec pleads guilty to tipping equity fund worker (S.D.N.Y.), 317
– – – Investment advisers settling SEC charges barred from industry (SEC), 474
– – – Manager, delay of criminal trial sought (S.D.N.Y.), 13; not guilty plea entered, 14; bail request rejected, 33; SEC adds payment scheme to complaint, 78; additional defendants settle with SEC, 105; DOJ wiretap evidence inadvertently disclosed to SEC, 125; delay of criminal trial denied, 169; stay of order requiring disclosure of wiretap evidence issued (2d Cir.), 169; SEC urges court to require defendants to turnover wiretap recordings, 201; defendants seek to block access to wiretap evidence (2d Cir.), 221; disclosure stayed, 289; civil case delayed, public access to wiretaps fought (S.D.N.Y.), 316; government insists on single trial against manager and employee of New Castle Partners, 337; probe widens to include AT&T and Goldman stocks, 354; motion to suppress wiretaps in criminal case filed, 443; SEC urges fairness principles require disclosure, 500; DOJ seeks SEC access, 523; 550; oral arg. set, 550; hearing set on questionable manner DOJ obtained wiretap, 790; wiretap evidence admissible, 1113; Rajaratnam and Chiesi charges severed, 1115
– – – McKinsey & Co. director pleads guilty (S.D.N.Y.), 34; senior partner settles SEC charges, 473
– – – Schottenfeld Group agrees to settle SEC charges (S.D.N.Y.), 317; settlement approval delayed, 338; settlement approved, 398
– – – Second group seeks wiretap suppression (S.D.N.Y.), 1114
– – – Staff leaks, SEC and DOJ investigating charges, 500

– – Jefferies Paragon Fund, former manager pleads guilty (S.D.N.Y.), 917
– – Wall Street professionals indicted (S.D.N.Y.), 104

– Investment banker settles SEC charges, faces DOJ criminal charges (E.D. Pa., S.D.N.Y.), 896
– Jamdat Mobile, fiduciary duty between third parties (S.D.N.Y.), 739
– Lazard, investment banker pleads guilty to tipping friends (N.D. Cal.), 78
– MDS Sciex/Molecular Devices merger, SEC granted summary judgment against employee (S.D.N.Y.), 170
– Memry acquisition by SAES Getters, husband of officer and friend settle charges (D. Conn.), 126
– MGI Pharma/Guilford Pharmaceuticals merger, investment banker, friend, and tippee charged (S.D.N.Y.), 288
– PepsiCo bid for Russian dairy and fruit juice company, SEC secures asset freeze against unknown stock purchasers (S.D.N.Y.), 1144
– Perot Systems, former employee agrees to return profits (N.D. Tex.), 34
– Pharmaceutical companies

See PHARMACEUTICAL COMPANIES

– Philips Electronics executive, friend, and business associate charged (N.D. Ill.), 338
– Sanofi-Aventis/Chattem merger, French citizen option traders charged (N.D. Ga.), 15
– Schottenfeld group trader pleads guilty (S.D.N.Y.), 740
– Settlement numbers up, 476
– Tempur-Pedic, equity fund acquisition of stock, fund CFO pleads guilty (N.D. Cal.), 398
– TPG Capital former associate charged (N.D. Cal.), 15
– UBS Securities investment broker settles charges (S.D.N.Y.), 918
– UK

– – Novartis takeover of NeuTec Pharma, attorney and finance director acquitted, 557
– – PM Onboard Limited senior manager found guilty, 1112
– – Second successful prosecution ends in jail time, 14

INSOLVENCY

See BANKRUPTCY

INSPECTION OF BOOKS

– Board entrenchment, belief insufficient to justify (Del.), 759

INSURANCE COMPANIES

– AIG

See BANKING

– Belgium bailout of Ethias approved by EC, 505
– Environmental pollution coverage, successor liability, “now and hereafter” language may obligate insurer to cover (D. Minn.), 812
– Life insurance, Metlife acquisition of American life Ins. and Del. American Life Ins., EC clears, 812
– Title insurance, Fidelity Natl./LandAmerican Fin. Group merger, divestitures address FTC charges (FTC), 690

INTELLECTUAL PROPERTY

– Copyrights

See COPYRIGHTS

– Joint ventures, EU horizontal cooperation agreement rules revised, 1183
– Patents

See PATENTS

– Trademarks

See TRADEMARKS

INTERNATIONAL TAXATION

See also specific country
– EU

See EUROPEAN UNION (EU)

– Extra jurisdictional takeover and merger taxes causing concerns, 109
– U.S. tax issues

See TAXATION

INTERNET

– Ed. Note: For a list of electronic resources and Web sites, see Electronic Resources section of each issue.
– Corporate identity theft, state officials probe use of public databases, 1177

INVESTMENTS

– Accounting, consolidations

– – FASB and IASB merge views on investment company treatment, 175; agreement reached, 379; more issues resolved, 477
– – Funds headed by fund managers, FASB issues rules, 225

– Biotechnology industry sees decline, 388
– Equity funds

See also HEDGE FUNDS
– – Bank acquisitions, OCC approves first firm, 98
– – Blackstone Group to acquire Dynegy, 774
– – EU, regs. advance, 481; becomes law, 1091
– – FDIC-failed bank asset fund purchases

See BANKING

– – IMS Health drug information and consulting firm, TPG Partners acquisition cleared by EC, 155
– – Insider trading

See INSIDER TRADING

– – Investment fund advisor registration, SEC Prop. Regs., 1111; enforcement priorities being identified, 1113
– – Montagu Private Equity and Global Infrastructures joint acquisition of Greenstar Holdings approved, 742
– – Private equity fund backed companies weathered economic crisis better, 342
– – SILOs, FRB continues bar on use to invest in banks, 1023
– – Sun Capital Partners acquisition of chemical companies DSM Special Products and DSM OP Assets, EC clears, 1162

– Foreign direct investments

See FOREIGN DIRECT INVESTMENT

– Investment company accounting

See ACCOUNTING

– RICs, SEC shareholder director nomination rules, ICI and Indep. Dir. Council file briefs supporting industry challenge (D.C. Cir.), 1180
– Terra Firma claims tortious interference and misrepresentation claims against Citigroup to proceed (S.D.N.Y.), 854; jury finds no wrongdoing, 1029
– UK to investigate separation of retail and investment banking, 506

IRELAND

– Anglo Irish Bank

– – EC approves government recapitalization, 771
– – Joint acquisition of retailer Arnotts with Royal Bank of Scotland, EC clears, 771

– Bank of Ireland, EC requires asset divestitures, ease entry of small banks into market in exchanged for bailout, 695
– Banking system bailout, International Monetary Fund and European Central Bank to bank system bailout funds, 1089; Ireland to add additional funds, 1124

ITALY

– Audits to focus on reorganizations and transfer pricing issues, 611
– Banking, Banca Intesa and Banca Sanpaolo, divestment of insurer Sud Polo Vita stock temporarily suspended, 299
– Energy, Enel acquisition of Strategic Energy cleared by Antitrust authority, 407
– Oil and gas, Eni sale of Padana Energy to Gas Plus, investigation opened, 772
– Shopping malls, Porta di Roma acquisition by Allianz and Corio to be examined, 447
– Telecom Italia and Telefonica merger raises concerns, 155