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Law Library
Mergers & Acquisitions: A Strategy for High Technology Companies
A recent survey showed that between two and five emerging technology companies (TechCos) are acquired for every one that does an initial public offering (IPO). Acquisitions can provide strategic, operating and financial benefits to both TechCo and the company acquiring it (LargeCo). A strategic acquisition can provide TechCo's shareholders with earlier liquidity than an IPO, with less risk and dilution.
http://corporate.findlaw.com/corporate-governance/mergers-amp-acquisitions-a-strategy-for-high-technology.html

Loan Workouts
Small business borrowers with troubled loans are in a unique position today. In the 1980s and early 1990s, lenders.
http://corporate.findlaw.com/finance/loan-workouts.html

Pathology of Section 363 Sales (Not as Simple as They Look)
Section 363 sales have shouldered past competing methods for the disposition of financially distressed businesses. Traditional stock or asset acquisitions, secured party sales, sales by assignees for the benefit of creditors and bankruptcy trustees and sales under chapter 11 plans of reorganization have taken a back seat to sales by chapter 11 debtors under Section 363 of the United States Bankruptcy Code ("Section 363"). Recent transactions exemplify Section 363 deals by private equity funds acting directly or as sponsors of strategic portfolio companies. The term "363 sale" has thus entered the M&A vernacular robed in its virtues but concealing its difficulties.
http://corporate.findlaw.com/finance/pathology-of-section-363-sales-not-as-simple-as-they-look.html

The Preference Action, the Trade Vendor, and the Contemporaneous Exchange Defense
Here's a scenario that may be all too familiar. A key customer has been steadily falling further and further behind on its account. You delicately begin to enforce existing credit limits, walking the fine line between trying to spur collections and keeping the customer happy. You check with a few of the credit agencies and learn that despite a recent large infusion of capital from its lenders the customer is experiencing significant cash flow problems. Slowly it dawns on you. Your key customer is becoming the albatross around your neck.
http://corporate.findlaw.com/finance/the-preference-action-the-trade-vendor-and-the-contemporaneous.html

MD&A in the Post-Sarbanes-Oxley Era
The recent scandals involving Enron, Global Crossing and Worldcom, together with various well-publicized investigations into the accounting policies and disclosure practices of a number of other prominent companies, have triggered an unprecedented scrutiny of corporate disclosure. The SEC has promised that it will review more Form 10-Ks than it ever has before.
http://corporate.findlaw.com/finance/md-amp-a-in-the-post-sarbanes-oxley-era.html

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Caselaw
No. 04SA145. - COLORADO WATER CONSERVATION BOARD v. CITY OF CENTRAL - CO Supreme Court
... injury to its instream flow right. It also assigned Central ... of a junior instream ...
http://caselaw.findlaw.com/co-supreme-court/1376651.html

No. 1 CA-CV04-0491. - PHELPS DODGE CORPORATION v. ARIZONA DEPARTMENT OF WATER RESOURCES USDA - AZ
... upon the 1991 Instream Flow Guide without first promulgating it ... refer to either instream ...
http://caselaw.findlaw.com/az-court-of-appeals/1071092.html

Nos. 26770, 26771. - IN RE: SRBA Case No. 39676 - ID Supreme Court
... of the off-reservation instream flow claims. The U.S. ... with the NPT's instream ...
http://caselaw.findlaw.com/id-supreme-court/1377956.html

No. 08SA354. - PAGOSA AREA WATER AND SANITATION DISTRICT v. TROUT UNLIMITED - CO Supreme Court
... recreational in-channel rights, instream flow rights decreed to the ... a separate 80 cfs direct flow ...
http://caselaw.findlaw.com/co-supreme-court/1500459.html

SQUAXIN ISLAND TRIBE v. WASHINGTON STATE DEPARTMENT OF ECOLOGY - FindLaw
... to decline so that adopted instream flow levels are rarely met mid ... to do comprehensive work on instream ...
http://caselaw.findlaw.com/wa-court-of-appeals/1649638.html

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US and State Codes
MONT CODE ANN § 85-2-436 : Montana Code - Section 85-2-436: INSTREAM FLOW TO PROTECT, MAINTAIN, OR E
... fee simple to instream flow purposes on no more than ... fee simple to instream ...
http://codes.lp.findlaw.com/mtcode/85/2/4/85-2-436

TEX WA. CODE ANN. § 16.059 : Texas Statutes - Section 16.059: COLLECTION OF INSTREAM FLOW DATA; COND
... 059: COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF STUDIES ... and continuously maintain an instream ...
http://codes.lp.findlaw.com/txstatutes/WA/2/C/16/C/16.059

Haw. Rev. Stat. § 174C-71 : Hawaii Statutes - Section 174C-71: Protection of instream uses.
... Petitions for interim instream flow standard amendments are not among ... amendment of interim instream ...
http://codes.lp.findlaw.com/histatutes/1/12/174C/VI/174C-71

MONT CODE ANN § 87-1-274 : Montana Code - Section 87-1-274: EMERGENCY INSTREAM FLOWS -- FUNDING
... aquatic resources during emergency low-flow conditions. (2) Funding for ... augmentation measures for instream flow ...
http://codes.lp.findlaw.com/mtcode/87/1/2/87-1-274

TEX WA. CODE ANN. § 11.1471 : Texas Statutes - Section 11.1471: ENVIRONMENTAL FLOW STANDARDS AND SET
... or diverted. (f) An environmental flow standard or environmental flow set-aside adopted under Subsection ... AND ESTUARIES AND ...
http://codes.lp.findlaw.com/txstatutes/WA/2/B/11/D/11.1471

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News and Commentary
http://news.findlaw.com/prnewswire/20131003/03oct20131922.html
... 2001. The 2001 Skagit Instream Flow Rule established minimum instream flow levels for the ... that the senior minimum ...
http://news.findlaw.com/prnewswire/20131003/03oct20131922.html

 

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Other Legal Research
Total Maximum Daily Load Litigation: An Opportunity to Augment Instream Flows...
... Opportunity to Augment Instream Flows? By Sarah Ann. Klahn ... & Associates. 8 1997.] Introduction Instream flows provide a number ...
http://library.findlaw.com/1999/Jul/1/130740.html

Nearly 100 years later, Oregon water management needs revisiting
... use that will promote stream flow restoration while continuing to ... available for both instream flow ...
http://library.findlaw.com/2003/Dec/3/133281.html

City of Thornton v. Bijou Irrigation Co.: The Thornton Northern Project Decis...
... rights, for direct flow and storage as ... the rate of flow decreed and that ...
http://library.findlaw.com/1999/Jul/1/130746.html

http://supreme.lp.findlaw.com/supreme_court/briefs/99-1871/1999-1871.mer.ja.html
Not a Legal Professional? Visit our consumer site Register | Login Search Cases & Codes Practice Management Jobs ...
http://supreme.lp.findlaw.com/supreme_court/briefs/99-1871/1999-1871.mer.ja.html

http://supreme.lp.findlaw.com/supreme_court/briefs/99-1871/1999-1871.mer.ja.pdf
No. 99-1871 PETITION FOR WRIT OF CERTIORARI FILED: MAY 22, 2000 CERTIORARI GRANTED: SEPTEMBER ...
http://supreme.lp.findlaw.com/supreme_court/briefs/99-1871/1999-1871.mer.ja.pdf

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