Features
Beyond the Signed Agreement: Intercreditor Dynamics in Bankruptcy
When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling.
Features
FASB Issues Lease Accounting Discussion Paper Inviting You to Comment
The FASB/IASB Boards issued a Discussion Paper titled <i>Leases: Preliminary Views</i> on March 19, 2009, inviting the public to comment by July 17, 2009.
Features
Business Crimes Hotline
Recent rulings of interest to you and your practice.
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.
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