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Where Have You Gone Doogie Howser M.D.? A Nation Turns Its Lonely Eyes To You. [1].

Collin Delaney, Staff Writer

A brief examination of the fiduciary, ethical, and professional paradigm shifts experienced by the health-care provider following the September 11th terrorist attacks.

As our nation recently observed the fifth anniversary of the September 11th attacks, one cannot help but reflect on the fundamental changes that have occurred since. Foreign and domestic policies have undergone watershed transitions, the effects of which are still being understood. Health-care in the United States, specifically the role of the health-care provider, is no exception. 
Significant shifts have occurred and continue to occur in regard to how the government interacts, influences, and regulates health-care. New issues in medical ethics are now being vociferously debated. Even the day-to-day expectations of physicians and hospitals have seen marked change.  
While certainly no one with any experience in health-care will classify the pre-September 11th period as simple, the inordinate complexity of health-care administration seems to be

… Read the rest
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China Approves Citibank-led Consortium’s buy-into Guangdong Development Bank

China’s approval of the Citibank consortium’s buy-into Guangdong
Development Bank ends a year-and-a-half battle for control of the bank.
[1]

The Citigroup consortium, which includes China’s largest insurance
company and one of China’s largest electricity distributors, offered
approximately three billion dollars for an eighty five percent stake in
Guangdong Bank. [2]

The
Citibank consortium beat out its closest rival a consortium led by
France’s Societe Generale. [3] U.S. based, private investment firm, The
Carlyle Group, pulled out of the bidding. [4] Despite a last minute
attempt to get back into the race, Ping An Insurance's bid was hobbled
when they tried to make large donations to the Guangdong provincial
government a portion of their bid. [5]

Despite their leadership position in the consortium, Citibank will
only take a 19.9 percent stake in Guangdong Development Bank, as
Chinese law currently forbid a single foreign bank from owning more
than 20 percent … Read the rest

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Tax Mogul H&R Block Tempts Fate by Branching into the World of Everyday Banking

I. Introduction

Tax preparation giant H&R Block
announced at the beginning of this month that in response to lawsuits
brought by angered taxpayers about the company's Refund Anticipation
Loan (RAL) program, it will be revamping the program in an effort to
reduce consumer cost as well as, presumably, it's own litigation
costs.[1]  But will the plan work? 

II. Operation

The H&R Block RAL program operates as follows.  First, the
taxpayer turns over his tax return information to H&R Block, who in
turn computes the anticipated refund.  Then, H&R Block presents the
taxpayer with a paperwork from one lending institution with whom it
contracts which offers to pay out the amount of the anticipated refund
(less fees that amount to annualized interest rates from 40% to more
than 500%) the same or next day as a loan.  In return for providing the
lending institution with the consumer, the lending institution and

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Has the Bubble Burst? Economic Implications of a Buyer’s Market

For the past several years, residential real estate has been a seller's market.  With low interest rates and not enough houses to go around, sellers could expect to receive top dollar for their homes and could turn their homes around fairly quickly once they put their homes on the market.  In early January, the National Association of Realtors projected that existing home sales would fall this year by 4.4%, but as of early September, that forecast has dramatically decreased, with existing home sales for 2006 projected to fall 7.6% below sales in 2005. [1]  The market looks even worse for new home sales, with a 16% fall expected this year.  [2]  Indeed, it is a buyer's market, and if the bubble really has burst, the economic implications could be far-reaching.   

The market surge, which was initially brought on in the late 1990s by low interest rates and easily obtainable

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New Life in an Old Method: A Concise Railroad Law Primer

The reality of the modern world is that fuel prices are enormous compared with averages from as little as ten years ago, and it is improbable that they will decline anytime in the near future.  [1]  One consequence of current fuel prices is the higher cost of freight and passenger transportation around the country.  Carriers must adjust their rates according to a confusing maelstrom of fluctuating fuel costs, federal security requirements pertaining to the war on terrorism, and the instability of steady customers in the lukewarm economy.  [2]  A solution may be as simple as looking to a transportation method that is over a century old and is conveniently located in nearly all major American markets – the railroad system.  Railroad freight and passenger services, and the laws that accompany them, are probably unfamiliar to many practicing attorneys because of the multitude of other transportation options that sellers have preferred

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No One at the Helm: Trustee Appointed to Manage Death Row Records

Suge Knight’s hopes of maintaining control of Death Row Records
during its Chapter 11 reorganization were dashed on July 7, 2006, when
United States Bankruptcy Judge Ellen Carroll placed the company under
the management of a case trustee. Judge Carroll cited gross
mismanagement of the record company’s finances, stating, "it seems
apparent that there is no one at the helm." [1]

The Death Row case illustrates a pervasive tension in corporate
reorganizations: at what point does the interest of the creditors trump
the vested control of management, which may have driven the company
insolvent in the first place? Under certain conditions, the bankruptcy
court has the power to transfer control of the estate from the
debtor-in-possession to a trustee under section 1104(a) of the
Bankruptcy Code. [2]

The Death Row Records Bankruptcy

Rap mogul Marion "Suge" Knight epitomizes the life of ruthlessness
and violence glorified in the gangsta rap genre … Read the rest

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A Warning to Foreign Companies Entering “Sensitive” U.S. Markets

I. Introduction

While the
United States generally pushes for more open access for its investors
to foreign markets, the sight of foreign companies trying to invest in
"sensitive" areas of the U.S. economy has drawn a very different
reaction.  Two recent acquisition attempts illustrate this point:
CNOOC's, a Chinese oil and gas company, attempted acqusition of Unocal
and Dubai Ports World's attempted takeover of security for a number of
eastern and southern ports.

II. Analysis

On
June 23, 2005, CNOOC announced its attempted acquisition of Unocal, an
California-based independent oil and gas company. [1]  The Chinese
company's offer was $18.5 billion, which was roughly $2 billion more
than Chevron,the next highest bidder, offered, reflecting a premium of
about $1.5 billion over the value of Chevron's offer. [2]  CNOOC made
an all-cash offer of $67 per share compared to Chevron's lower combined
cash and stock offer of $61.26. [3]

Even before

… Read the rest
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O’Brien v. Ohio State University: Implications for Future Employment Agreements

In 2004, Ohio State University officials announced that they were firing then-coach Jim O'Brien because of NCAA violations that allegedly breached O'Brien's contract with Ohio State. [1]  O'Brien was the head coach for the men's basketball team, and was fired for loaning out $6,000 to a foreign player who the University was trying to recruit. [2]  He then sued the University for a breach of their employment agreement.  On February 15, 2006, Judge Joseph T. Clark of the Ohio Court of Claims ruled that O'Brien was unlawfully fired, despite the fact that he had indeed broken NCAA rules.  [3]  O'Brien had violated the terms of his contract, but the violations were not serious enough to warrant his firing. [4]  This article evaluates the court's decision, and its implications on future contractual relationships between coaches and universities.

The University relied on specific contractual language to support its decision to fire O'Brien. 

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McMansions: Super-Sized Homes Cause a Super-Sized Backlash

"McMansions", also known as "garage mahals", "starter castles", and "Hummer houses" are all synonymous for the latest phenomenon in home building that has communities across the country banging down the doors of local City Councils to enjoin builders from destroying the character of their neighborhoods.  The debate concerns interests of property owners who want to be able to use their own land as they see fit versus the interests of community members who want to maintain a uniform neighborhood appearance and not have a huge eyesore on their block, literally casting a shadow onto their humble, and often historic, homes.  There is a wide range of issues at play in these communities, including constitutional rights, zoning issues, and even energy and water concerns.  Though McMansions are causing a stir throughout the U.S., the solution is left to the 40,000 local governments across the country who will ultimately determine whether to

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Insider Trading Scandal at Goldman and Merrill

Prosecutors recently charged three employees at Goldman Sachs and
Merrill Lynch with participating in a $6.7 million insider trading
scheme. [1]  Authorities claim that Stanislav Shpigelman, an analyst at
Merrill, sold inside information on upcoming mergers and acquisitions
to Eugene Plotkin, an associate at Goldman, and David Pajcin, a former
Goldman analyst. [2]  Plotkin and Pajcin then used this information to
buy stocks before the public announcement of the deals and then sell
them after the announcements for a significant profit. [3]

The trio also recruited
two employees of a printing plant in Wisconsin that publishes Business
Week. [4]  The plant employees stole advance copies of the magazine and
informed Plotkin and Pajcin of companies mentioned favorably in the
“Inside Wall Street” column. [5]  As a favorable mention in the column
usually leads to an increase in the price of those stocks, the
conspirators were able to purchase the stocks … Read the rest