Managed Services
According to a recent study, small- and medium-sized businesses need to ask more questions about managed services ' what the various components are and how they apply to their particular business.
Lease Accounting Project Update
Here's the latest information on the FASB/IASB Boards lease accounting project.
Features
TRACE Report Offers Global Anti-Bribery Enforcement Stats
The anti-bribery group TRACE International, Inc., has released its latest annual report offering in-house counsel detailed data on the pace of enforcement in different countries. The report says the United States more than doubled its formal enforcement actions between 2009 and 2010.
Piercing the Corporate Veil
In a case of first impression in New Jersey, the state's appellate court extended corporate veil piercing ' the equitable principle of imposing liability to individuals generally protected by statute ' to limited partnerships under certain conditions.
Features
Restitution for Internal Investigation Costs Under the MVRA
Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.
Dodd-Frank: What About Leasing?
As described in this two-part article, many of Dodd-Frank's sweeping provisions are likely to have long-term consequences for the equipment leasing and finance industry and for leasing counsel.
Features
Principles Applicable to Claims for Recovery on a Replacement Cost Basis
Many commercial first-party property insurance contracts detail circumstances under which an insured may seek and recover for physical loss or damage to insured property on a replacement cost basis. If the contract does not provide that option, or if the conditions for replacement cost recovery are not met, the insured's recovery typically is limited to the actual cash value of the lost or damaged property. Because the measured difference can be substantial, certain principles have evolved in practice and case law concerning this distinction.
Features
Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases
Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction & Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›