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	Commission Legal Brief: Sunbeam Securities Litigation (Camden Asset Management, L.P., et al., v. Arthur Andersen LLP ...
		With respect to Rule 403, defendants' arguments that introduction of the Restatement and Restatement Report would be "prejudicial" because the jury will confuse the documents for evidence of scienter, and that the alleged risk of "prejudice" outweighs any probative value the Restatement and Restatement Report may have, are not credible.
		It is indisputable that the Restatement Report was created and used by Sunbeam's management and Andersen to explain the necessity of the Restatement to the Board of Directors and obtain its approval for the filing of the restated financial statements for 1996 and 1997.
		The Restatement stands on the same legal footing as those filings because companies as a matter of course are expected to file restated financial statements with the Commission when errors discovered in their original financial statements so warrant.
	ftp.sec.gov /litigation/briefs/sunbeam.htm (7940 words)

	REFLAW: Restatements of the Law
		Restatement, 3d, of Trusts (Prudent Investor Rule) is a partial revision of the Restatement, 2d, of Trusts.
		A Restatement attempts to gather and synthesize the case law on a topic, to organize it, and to present the "rules" distilled from the cases.
		The Interim Case Citation provides the user with the Restatement section cited, a description of how the Restatement was applied in the case, the case name, the case citation, the pages on which the Restatement was cited, the name of the court rendering the decision, and the year of the decision.
	www.washlaw.edu /reflaw/ref-12.html (998 words)

	Restatement (Third) of Torts: Apportionment Liab
		This Restatement reflects changes in the law that have occurred since the publication of the Restatement Second of Torts.
		This Restatement therefore must address the resulting tensions between maintaining distinctions on the bases of tort liability and a common comparison of parties' responsibility in a single lawsuit.
		This Restatement generally applies to all claims to recover compensation for death, personal injury, or property damage, including intentional torts, negligence, strict liability, nuisance, breach of warranty, misrepresentation, or any other theory of liability.
	students.ou.edu /S/Frank.J.Sullivan-1.III/Section1.htm (4671 words)

	James A. Meschewski, Choice Of Law In Alaska: A Survival Guide For Using The Second Restatement, 16 Alaska L. Rev. 1 ... (Site not responding. Last check: 2007-10-09)
		As a result, rather than "restating" what was occurring anywhere in the country (as its title would suggest), the drafters of the Second Restatement pieced the provisions of the treatise together through a series of compromises in an attempt to "restate" a beginning.
		Under the Second Restatement, the court is asked to locate and apply the law of the jurisdiction that possesses the most significant relationship to the occurrence and the parties.
		The Second Restatement suggests that the court should have begun its analysis with Section 178, the presumptive section that specifically applies to the amount of damages to be awarded in a wrongful death claim.
	www.law.duke.edu /journals/alr/articles/alr16p1.htm (12246 words)

	Why the CEO in Chief Needs an Audit
		Restatement follows restatement until we poor stockholders have no choice but to conclude that either the Bush administration did not know what it was talking about when it came into office or does not know what it is talking about now.
		Still, all these restatements suggest a business plan that was both flawed from the start and implemented with an appalling level of incompetence.
		Despite that, the CEO of this mismanaged operation is not held accountable and remains popular with the shareholders.
	www.commondreams.org /views03/0710-07.htm (863 words)

	restatement (Third) of Torts and its effects on Products Liability law, The Federation of Insurance & Corporate ... (Site not responding. Last check: 2007-10-09)
		Section 402 of the Second Restatement was divided only into sections A and B, which allowed the courts to develop and define the areas of product liability now known as manufacturing defect and design defects.
		The Third Restatement applies this type of liability to manufacturers, as well as commercial sellers and product distributors, noting that defects may arise after manufacture while products are being shipped or in storage.
		In the area of manufacturing defects, the Third Restatement has moved product liability away from negligence and towards "strict liability without fault."11 Rather than focusing on the reasonableness of that manufacturer's quality control efforts, liability is assigned based on the fact that a defect existed at all.
	www.findarticles.com /p/articles/mi_qa3811/is_199904/ai_n8845101 (647 words)

	Suffolk University Law School : Restatement Guide
		Between 1923 and 1944, Restatements were adopted for the law of agency, conflict of laws, contracts, judgments, property, restitution, security, torts, and trusts.
		Sections of the Restatements may be accessed by individual index volumes, a comprehensive index(covering the 1st series), or by topic by using the Table of Contents in each volume.
		Articles on the various Restatements may be located by using the Index to Legal Periodicals and the Current Law Index.
	www.law.suffolk.edu /library/research/a-z/resguides/restguide.cfm (780 words)

	PRESS RELEASE Fairfax Financial Holdings Limited: Second Quarter Earnings and Restatement of Consolidated Financial ... (Site not responding. Last check: 2007-10-09)
		As a result of corrections reflected in the restatement, Fairfax's net earnings for the three and six months ended June 30, 2006 were slightly higher at $229.2 million and $427.6 million respectively than the $223.6 million and $421.7 million for those periods respectively announced on July 27, 2006.
		The company has completed the restatement of its previously reported consolidated financial statements as at and for the years ended December 31, 2001 through 2005 and all related disclosures, as well as its unaudited consolidated financial statements as at and for the three months ended March 31, 2006 and 2005.
		The effects of the restatement are reflected in the company's audited restated consolidated 2005 financial statements and accompanying notes and disclosures, and in the unaudited consolidated financial statements and accompanying notes contained in the company's interim report for the six months ended June 30, 2006.
	www.marketwire.com /mw/release_html_b1?release_id=159195 (1504 words)

	The AAO Weblog » Restatement Zoo (Site not responding. Last check: 2007-10-09)
		Late in 2005, many companies were restating their financials because they had improperly taken the “shortcut” justification for skipping effectiveness testing in their accounting for interest rate swaps.
		Their restatement, to be completed in their filed 10-K, will show a 64% drop in 2005 cash from operations (original 2005 cash from ops, $142.2 million; revised, $51.1 million) and a 47% decrease of 2004 (original 2004 cash from ops, $176.7 million; revised, $93.7 million).
		What’s a different angle is that the restatement is really over the way Rogers had corrected their error previously: instead of correcting it as a restatement, the firm had made a cumulative adjustment to beginning retained earnings.
	www.accountingobserver.com /blog/category/restatement-zoo (11500 words)

	Selected Sections of the Restatement (Site not responding. Last check: 2007-10-09)
		A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.
		An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
		In case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses.
	www.law.unlv.edu /faculty/bam/k2000/r2k.html (1283 words)

	Statute Law (Restatement) Act, 2002 (Site not responding. Last check: 2007-10-09)
		"restatement" shall be construed in accordance with section 2(1) and cognate words shall be construed accordingly;
		—(1) A restatement shall be identified on its face as a restatement and, where applicable, by the most recent collective citation of the statutes restated to which it relates.
		—Subject to section 5, a restatement shall not have the force of law and, accordingly, shall not have effect so as to alter or otherwise affect the substance or operation of any provision to which it relates of a statute or statutory instrument.
	www.irishstatutebook.ie /2002_33.html (514 words)

	Fannie Mae takes big stride with $6.3 billion restatement \| Chron.com - Houston Chronicle (Site not responding. Last check: 2007-10-09)
		The restatement for 2001 through June 30, 2004, made public on Wednesday, wiped out $6.3 billion in profit for the government-sponsored company, which finances one of every five home loans in the United States.
		The restatement "is a key step forward for the company and represents two years of hard work,'' James B. Lockhart, director of the Office of Federal Housing Enterprise Oversight, said in a statement Wednesday.
		In detailing its restatement, Fannie Mae cited a $7 billion net decrease from previously reported earnings for periods prior to 2002, a $705 million reduction for 2002, a $176 million increase for 2003 and a $1.2 billion increase for the first six months of 2004.
	www.chron.com /disp/story.mpl/headline/biz/4384384.html (944 words)

	ALI CATALOG - Torts: Products Liability
		This Restatement, which deals with the liability of commercial product sellers and distributors for harm caused by their products, was the first segment to be completed of the Institute's long-term undertaking to revise and update the Restatement Second of Torts.
		This Restatement represents a thorough reformulation and expansion of Â§ 402A and related sections of Restatement Second, which will enable practitioners in the field to analyze the issues confronting them with greater sophistication than afforded by the previous Restatement.
		This authoritative Restatement, the product of several years of intense study and review by an eminent body of practitioners, judges, and scholars, furnishes extensive guidance to all who practice in the increasingly controversial area of products liability law.
	www.ali.org /ali/Tortpl.htm (977 words)

	Range of Reactions to Restatement 3d
		In a separate arena, ALI leadership has acknowledged that Restatement 3d has been the subject of considerable partisan lobbying, the effect of which is uncertain.
		It is not a restatement of the law and does not rest on an evaluation of cases and policies.
		A recent symposium on Restatement 3d, including both supporting and critical articles, appeared in the Spring 1997 issue of the University of Michigan Journal of Law Reform.
	www.roscoepound.org /new/digest/9804/c498ac.htm (1241 words)

	The 3rd Restatement of Torts-Shaping the Future of Products Liability Law
		The Restatements reflect the law in a general area, how it is changing, and the direction that its authors think it should be heading.
		The Third Restatement's omission of the "consumer expectations test" as an independent criterion under section 2, subdivision (b) above, reduces this test to being merely one of many factors to be considered by the jury in conducting a risk-utility balancing analysis.
		The Third Restatement's omission of the "consumer expectations test," as well as its inclusion of the additional requirement that the plaintiff propose a reasonable alternative design to the product in question, are not reflective of California law at this time.
	library.findlaw.com /1999/Jun/1/127691.html (817 words)

	Gretchen Rubin - Books and Articles - The Restatement of Love - Full Read
		The Restatement of Love, however, is premised on the view that love, like other aspects of human interaction, can be subjected profitably to legal analysis.
		No doubt some will question the departure from legal tradition that the Restatement of Love represents, for while laws pertaining to marriage and divorce are well established, the law's application to a relationship's early stages has until now been unexplored.
		For the purposes of this Restatement, however, one term is sufficient.
	www.gretchenrubin.com /books/restatement_full.html (8798 words)

	Freddie Restatement Could Run to $3 Billion -- Report
		An accounting restatement at Freddie Mac (FRE:NYSE - commentary - research) reportedly could run to $3 billion, boosting earnings already on the books and lowering them in years to come, although the reductions could be offset if the housing market continues to boom.
		People familiar with the company's accounting say the restatement could be anywhere from $1 billion to $3 billion, presumably to change the treatment of derivatives it uses to hedge its massive portfolio of mortgages and mortgage bonds, The Wall Street Journal reported.
		A company spokesman declined to comment on the story and repeated that Freddie Mac expects any restatement to be materially positive for the company's bottom line.
	www.thestreet.com /markets/stockwatch/10094857.html (198 words)

	Guidelines For Navigating Restatement’s Rocky Road \| Bowne Review (Site not responding. Last check: 2007-10-09)
		Ascertain whether the restatement is the result of simple human error or an indicator of flawed policies, systems, and processes.
		Once the scope of the restatement is known, it is time to develop an integrated plan to do the work involved.
		A company facing restatement must remain flexible to accommodate the demands of those involved in restatement work and the time involved in gaining approval for the plan.
	www.bowne.com /newsletters/newsletter.asp?storyID=1251 (725 words)

	Restatement Blues - - CFO.com (Site not responding. Last check: 2007-10-09)
		Your insurer goes to court to pull your directors' and officers' liability insurance policy out from under you, depriving you and your company of the very coverage that could buffer you from the cost of those suits.
		"Certainly, whenever a company has a restatement, they are vulnerable to arguments of rescission by DandO carriers," says Wayne E. Borgeest, a lawyer with Kaufman, Borgeest and Ryan in New York City, who primarily works with DandO carriers on their policies.
		Speaking at a seminar on the liability of corporate board audit committees held earlier this week by Marsh, the biggest insurance- brokering firm, Borgeest said he has two clients, whose names he wouldn't reveal, who sued to rescind their clients' policies.
	www.cfo.com /article.cfm/2989114 (645 words)

	Mercury Provides Update on Restatement (Site not responding. Last check: 2007-10-09)
		Based on the Special Committee’s preliminary investigation, the Company had previously stated that it was highly likely that it would need to restate its historical financial statements but had not reached a definitive conclusion.
		In addition, the restatement will affect financial statements for prior fiscal years, and the Company will also require a revision of the previously reported financial information included in its press release of July 28, 2005 and its Current Report on Form 8-K dated August 17, 2005.
		The errors resulting in the required restatement relate to the Special Committee’s conclusion that the actual dates of determination for certain past stock option grants differed from the originally selected grant dates for such awards.
	www.mercury.com /us/company/pr/press-releases/082905-restatement.html (1002 words)

	Courts Cautious Toward New Products Liability Restatement
		Restatement 3d was the subject of the July 1996 Roscoe Pound Foundation Forum for State Court Judges, which was attended by 85 judges from 32 state court systems.
		It has been cited in at least 3,000 products liability decisions, and is often said to be the single most frequently cited ALI Restatement section of all time.
		The Bureau of National Affairs, for its part, has observed that Restatement 3d "is likely to be an influential guidepost for judges and attorneys on products liability law for years to come." Key Sections of Treatise Gain Approval at Annual Meeting of American Law Institute, 23 BNA Prod.
	www.roscoepound.org /new/digest/9804/c498aa.htm (396 words)

	SSRN-Restatement (First) of Statutory Interpretation by Gary O'Connor
		This article argues that the American Law Institute should promulgate a "Restatement of Statutory Interpretation." The article compares statutory interpretation to the law of contracts, and uses the Restatement of Contracts as a model for its proposal.
		The article argues that a Restatement would avoid the biggest disadvantages of a recent proposal for "Federal Rules of Statutory Interpretation" (in the June 2002 Harvard Law Review).
		At the very least, a Restatement of Statutory Interpretation could have the salutary effect of focusing attention on areas of agreement rather than just areas of disagreement, on possibilities rather than just problems.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=465322 (303 words)

	[No title]
		Restatement of the Law (1st, 2d, and 3d), with Appendices
		Restatement of the Law (3d) of The Law Governing Lawyers
		Restatement of the Law (2d) of Torts—Appendix, §§ 708-end
	west.thomson.com /store/product.aspx?product_id=22026107 (191 words)

	Harvard University Press: Justice as Fairness : A Restatement by John Rawls
		In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993).
		As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.
		Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness.
	www.hup.harvard.edu /catalog/RAWJUS.html (219 words)

	ABC News: Wall St. Applauds Fannie Mae Restatement (Site not responding. Last check: 2007-10-09)
		WASHINGTON Dec 7, 2006 (AP)— Fannie Mae's restatement of past earnings garnered favorable Wall Street reaction and a stock upgrade Thursday, but experts say the nation's mortgage leader still faces tough work to make its financial reporting current as it emerges from a stunning accounting scandal.
		The restatement for 2001 through June 30, 2004, made public on Wednesday, wiped out $6.3 billion in profit for Fannie Mae, which finances one of every five home loans in the United States.
		The restatement "is a positive development," rating agency Moody's Investors Service said.
	www.abcnews.go.com /Business/wireStory?id=2706531 (389 words)

	SEC looks into Interpublic restatement - Nov. 19, 2002 (Site not responding. Last check: 2007-10-09)
		Advertising firm says regulators are investigating its restatement of several years' results.
		The company has restated several years of financial results to reflect improperly expensed charges, mostly at McCann.
		The company said its third-quarter profit totaled $7.5 million, or 2 cents a share, compared with a loss of $481.1 million, or $1.30 a share, in the year-earlier period.
	money.cnn.com /2002/11/19/news/companies/interpublic.reut/index.htm (333 words)

	A Letter to America: The New Restatement of Restitution
		The aim of this paper is to advocate the taking of three steps which the American Law Institute’s successor to the 1937 Restatement of Restitution seems at the moment rather unlikely to take.
		The last is that the new restatement should either become the Restatement of Unjust Enrichment (in that narrowed sense) or, if it remains the Restatement of Restitution, must make perfectly clear that unjust enrichment is only one of several causative events which generate rights to restitution.
		Many claims are made for the law of restitution which can only be made of the law of unjust enrichment.
	www.bepress.com /gj/frontiers/vol3/iss2/art2 (345 words)

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