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Last month, Part One of this article provided tips by Christopher A. Jones and Scott A. Weinberg. This part discusses other possibly problematic lease provisions regarding the name/address of the building, rules and regulations, legal fees and expenses, and the sale/exchange and assignment of the lease by the landlord.
Features
Law firm managers seeking graphic insights for business monitoring and quantitative decision support have much to gain from Wayne W. Eckerson's new book Performance Dashboards: Measuring, Monitoring, and Managing Your Business (2006: John Wiley & Sons). In this article, I'll review some of Eckerson's ideas that seem highly applicable to large law firms, and add a few thoughts of my own.
National rulings of interest to you and your practice.
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The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. It works to ensure the safety of consumer products — such as toys, cribs, power tools, cigarette lighters, and household chemicals, and claims it has contributed significantly to the 30% decline in the rate of deaths and injuries associated with consumer products over the past 30 years. The site, <i>www.cpsc.gov</i>, offers information (in English and Spanish) that could help protect consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard, or can injure children.
In today's increasingly complex and regulated business environment, hundreds of different risks threaten law firms. While some of them can lead to malpractice claims that could destroy a firm's reputation and finances, others can be physically or operationally devastating.<br>Before a firm can begin to manage risk, it is important to define risk. In my many conversations with managing partners, executive directors or law firm CFOs, they all generally seem to think of risk in terms of insurance (malpractice, workers comp, business interruption, etc). While I agree this is one area of risk, the overall definition of risk is much broader. Risk is the potential for any issue to negatively affect an entity's ability to meet its objectives.
As the pace and scale of federal white-collar prosecutions grow, an inherent inequality in the process threatens the fundamental fairness of the criminal justice system: the uneven access to information. The government typically spends years investigating with the grand jury and using subpoena powers, immunity offers, and foreign treaties to gather virtually any document or testimony it wants. Moreover, because the government has no obligation to subpoena exculpatory records, it can purposely sanitize its case, avoiding subpoenaing documents that are helpful to the defendant.
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The Deferred Prosecution Agreement (DPA) entered into between KPMG and the U.S. Attorney's Office for the Southern District of New York on Aug. 29, 2005, is just the latest example of the federal government's perverting the notion of corporate cooperation, so that 'cooperation' means uttering only the words that the government authorizes. Corpora-tions are increasingly faced with the option of being put out of business or capitulating to the demands of overzealous prosecutors who possess seemingly unchecked powers. The ability of prosecutors to force corporations to accept a full complement of draconian provisions too frequently results in individual employees' being left behind to take the fall for the 'good' of the company. KPMG's acceptance of the terms of the DPA is a clear example of how these prosecutorial powers can strip individuals of their constitutional rights.
Features
Highlights of the latest product liability cases from around the country.
In the last few years, the compliance staff of the U.S. Consumer Product Safety Commission has sought a number of significant civil penalties for failure to report or for late reporting. It is instructive to look at recent civil penalty cases to see what is important to the CPSC staff in assessing the appropriateness and level of penalties. First, however, let's examine the reporting requirements.
