LJN Newsletters

Private companies should take advantage of the unprecedented funding created by the American Recovery and Reinvestment Act. Before they avail themselves of that funding, however, they must take careful stock of the requirements that accompany every aspect of the grant, from accounting under a grant to intellectual property created with those grant funds.

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.

The FASB/IASB Boards issued a Discussion Paper titled Leases: Preliminary Views on March 19, 2009, inviting the public to comment by July 17, 2009.

Recent rulings of interest to you and your practice.

National rulings of importance.

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.

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.

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.