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Demystifying the Proposed Lease Accounting Changes Image

Demystifying the Proposed Lease Accounting Changes

Barbara E. Schmitt

They" are coming. "They" are the proposed changes to the lease accounting rules. And even if you are not an accountant, you still need to know the broader implications of these changes for leases.

Features

Statistically Distinguishing Between Active and Passive Appreciation Image

Statistically Distinguishing Between Active and Passive Appreciation

Ashok Abbott

When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.

Features

AAML Child Custody Evaluation Standards Image

AAML Child Custody Evaluation Standards

Mary Cushing Doherty

The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.

Features

'Ban the Box' Legislation Image

'Ban the Box' Legislation

Eugene K. Connors & Meghan Offer

Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.

Features

Lending to an LLC? Think Twice and Draft Carefully Image

Lending to an LLC? Think Twice and Draft Carefully

Alisa E. Moen

As it stands right now, under Delaware law, present creditors of insolvent LLCs have one less avenue to be made whole.

Features

A World of Copyright Confusion on the Web Image

A World of Copyright Confusion on the Web

Craig R. Smith

Keeping track of and complying with copyright laws can be difficult, especially for ISPs and social-media companies that provide services to a global market. Many countries have developed specific legislation to help protect such entities from liability relating to the activities of their users. Unfortunately, the laws are not uniform ' or are not interpreted consistently ' and therefore compliance requires knowledge of the nuances among them.

Features

'Bad Boy' Guaranties: Does the Punishment Fit the Crime? Image

'Bad Boy' Guaranties: Does the Punishment Fit the Crime?

Alan M. Christenfeld & Barbara M. Goodstein

While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.

Features

Managing a Franchise System When 'Game-Changers' Arise Image

Managing a Franchise System When 'Game-Changers' Arise

Kevin Adler

One of the difficult balancing acts encountered by all franchise systems is between the relatively static nature of the franchise agreement and the dynamic, impossible-to-predict changes that occur in the real world. At the 34th Annual ABA Forum on Franchising, two industry veterans with perspective as senior in-house counsel spoke about how in-house counsel can identify potentially "game-changing" developments and lead their organizations' response.

Features

'Second Generation' Long'Term-Care Planning Image

'Second Generation' Long'Term-Care Planning

Kim Natovitz

In the absence of the implementation of the CLASS Act, employers who have not done so already might want to consider offering a private long-term-care insurance plan with an enrollment strategy that touches on paying for and planning for long-term care.

Features

Witness Immunity: You Can't Always Get What You Want Image

Witness Immunity: You Can't Always Get What You Want

Stanley A. Twardy Jr. & Doreen Klein

In the arsenal of weapons available to federal prosecutors, a singularly effective one is immunity for witnesses the government deems important to its case. But perhaps equally as effective is the reverse ' the government can decline to request immunity for witnesses who may be critical to the defendant's case.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Inferring Dishonesty: The Fifth Amendment and Fidelity Coverage
    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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