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Actions for Discriminations under the Comprehensive Environmental Response, Compensation and Liability Act

CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act, provides a "Superfund" for cleaning up hazardous waste spills. Uncontrolled or abandoned waste sites and accidents, spills, and other emergency releases into the...

Public Comment and Judicial Review Regarding Government Antitrust Settlements

Under Section 5(a) of the Clayton Act, 15 U.S.C.S. § 16(a), a final judgment in a successful federal government antitrust enforcement action is prima facie evidence of the defendant's antitrust violation in a subsequent private action for...

Regulation of the Price of Mutual Fund Shares

The Securities and Exchange Commission requires that open-ended mutual fund shares must be sold at their net asset value per share plus allowable sales charges or fees. Under Rule 22c-1 of the Commission, an issuer, underwriter, or dealer may not...

Application of the De Facto Merger Doctrine to Acquisition of Corporate Assets

Companies which otherwise are attractive acquisition targets may have contingent liabilities that are difficult to assess. For example, a paint manufacturer may have used ingredients that later prove to be toxic. Present and future liability of...

Ultra Vires Acts

In most states, the duty of obedience is recognized as one of the three fiduciary duties a director owes to the corporation. One component of the duty of obedience is that a director is prohibited from committing an...