Last month, the author said that heightened awareness is necessary after the Supreme Court ruling in CBOCS West, Inc. v. Humphries increased the stakes. The discussion concludes herein with a look at the mechanics of an investigation.
Yogi Berra and Casey Stengel remain icons in the lore of baseball. As attorneys, little did the authros realize that Yogi and Casey, in making their baseball remarks, were actually intending to guide us through the due diligence process that counsel deals with on a regular basis.
From the attorney's perspective, the RFP is a tool for collecting the information that becomes the heart and soul of the final contract and serves as a basis for the vendor's liability. This article spells out a "best-practices" RFP process, step by step.
Recently, the Second Circuit Court of Appeals, in affirming convictions for securities fraud and conspiracy to commit securities and mail fraud, ruled in U.S. v. Leonard, that interests in various limited liability companies ("LLCs") onstituted "securities" for purposes of the federal securities laws. The Leonard analysis is instructive of the process that a court will follow in considering the status of non-traditional securities, such as LLC interests, under the federal securities laws.
For many managing partners, the practice of law is easy compared with the challenges associated with "realization": an 11-letter word that is the bane of all managing partners everywhere. And 100% realization? Well, that's the Holy Grail of law firm management. Given the choice of winning a Supreme Court case or solving the riddle of meeting their firm's realization goals, many managing partners might just tell the Chief Justices to take a hike.
Commentary on the latest cases.
Last month, we reviewed how to tailor a scorecard to your individual firm's goals. This month we review a very important financial metric. In creating a partner scorecard and setting individual partner goals, Realization should be at the top of the list.
This article is intended to provide some fundamental guidance for attorneys and law firms whenever employee-owner compensation is at issue. In many instances, this focus will relate to ownership decisions regarding the overall allocation and character of enterprise profits, but the same concepts and analytical framework can be of benefit in the assessment of reasonable compensation for other purposes, such as the valuation of a non-compete agreement and in the segregation and measurement of personal/professional versus enterprise goodwill for dissolution of marriage purposes in jurisdictions where this aspect is in play.
