Features
Expanded False Claims Liability
Besides its changes to criminal law described in this issue, the Fraud Enforcement and Recovery Act of 2009 (FERA), signed into law on May 20, 2009, significantly increases companies' exposure to civil lawsuits brought by the government and whistleblowers.
New Mandatory Disclosure Rule
Since Dec. 12, 2008, the ability of company counsel to make independent judgments and to advocate on behalf of their clients has been co-opted. That was the effective date of an amendment to the Federal Acquisition Regulation (FAR), which covers almost anyone who contracts to provide products or services to the federal government.
Features
Let the Hirer Beware: Increased Lateral Hiring Increases the Risk of Malpractice Claims
With so many lawyers up for grabs, many of them eminently qualified, firms have enticing opportunities to bring aboard top talent, sometimes at bargain prices. But let the hirer beware. Lateral hiring isn't without risk, and more lateral hiring means more exposure to claims alleging malpractice and other failings.
Features
FERA Expands Enforcement Options
The Fraud Enforcement and Recovery Act of 2009 (FERA), enacted in May, was easy to miss. Yet this small piece of legislation makes a number of significant changes to the federal money laundering and criminal fraud statutes ' changes about which lawyers who represent clients accused of white-collar crimes will want to be aware.
Re-engineering Underused Partners
In the current recession, partners whose practices depend on transactional areas of the law have experienced a significant decline in business. Some firms may have the resources and client work to carry them. Others may not. "Re-engineering" underutilized partners, although not the easiest solution, could be the least objectionable.
Estate Planning: Attorneys and CPAs ' Perfect Together
Whether or not a law firm offers its clients estate planning services, the input of a CPA is vital to ensure that a client receives the most comprehensive estate planning advice. Law firms without estate planning capabilities should work closely with accounting firms that do have estate planning expertise in order to realize an additional revenue stream from existing clients.
Features
Cash Management: Know What You Need, Get It, and Put It to Work
The cash-flow statement is the single most important tool for the success of any business. Most lawyers, and even many large law firms, begin to realize that they are in trouble only after the money ceases to come in the door. However, cash flow cessation is usually the last symptom of a downward spiral that started long before.
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›