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The Financial Accounting Standards Board (“FASB”) and the International Accounting Standards Board (“IASB”) are jointly working on a replacement for the current lease accounting standards, FAS 13 and IAS 17, that will be followed by all companies worldwide. The impetus to this new standard was the Enron accounting scandal of 2001. Enron's demise was not caused by leases, but it was caused by other off-balance-sheet transactions. These transactions proved to be accounted for incorrectly, and readers of Enron's financials were not totally aware of the implications. The crisis prompted the U.S. Congress to enact the Sarbanes Oxley Act, which, among other things, directed the SEC to identify other off-balance-sheet transactions. Leases, specifically operating leases, were cited as a major class of off-balance-sheet obligations. In the opinion of the SEC, readers of financial statements would have better information if operating leases were capitalized as an asset and a liability on balance sheet. As a result, the FASB/IASB put a lease accounting project on their agenda in 2006 with the objective of creating a new lease accounting standard requiring lessees to capitalize an asset and liability for all operating leases. Unfortunately, the project has gone much further than merely capitalizing lessee operating lease obligations. The project also includes major changes to lessor accounting, which no one thought was a problem.
Timing of the Project
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.