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Features
The framework that prosecutors and regulators use to assess a corporation's response to corporate wrongdoing changed forever on June 16, 1999. That day, then-Deputy Attorney General Eric Holder announced DOJ's new principles for the prosecution of corporations. The so-called Holder Memorandum emphasized cooperation with prosecutors and the requirement that corporations make full and voluntary disclosure of wrongdoing if they hoped to avoid or mitigate prosecution. The twin themes of cooperation and disclosure have become the standards by which federal and state prosecutors and regulators now judge a corporation's response to instances of corporate misbehavior.
In today's evolving technological legal market, it is not enough for a law firm to perform tactically, using best practices. Competitive marketing for same client market share necessitates strategic planning. And strategic planning, in turn, mandates Competitive Intelligence (CI) initiatives tag teamed with information analysis.
Features
So why don't more firms use Business Intelligence (BI)? Most of them just don't understand what BI is all about. Many firms have a pretty good report writer built into their time-and-billing system and their vendor provides many pre-designed reports, each with selection options. Moreover, many firms have someone on-staff who knows Crystal Report Writer. Isn't this all they need? No, it's not. Today's managers need more powerful and flexible access to financial information than canned or even custom-programmed report writers can deliver in a timely, economical fashion.
Features
Understanding the business challenges law firms face in obtaining and leveraging Competitive Intelligence is critical for legal IT professionals to help provide the support and expertise marketers need for client development. In addition, keeping up-to-date on new technology tools for law firm marketers will help IT professionals as they drive the technology selection and implementation process.
Features
In the past, Business Intelligence occurred on an ad hoc and informal basis in the legal industry. Before the proliferation of a legal trade press, the Internet (and competitor's Web sites), and market intelligence services, information about clients, prospects, and competitors was likely gained on the golf course, at bar association functions, or through the occasional press release issued by a law firm that was an early adopter of marketing. <br>Now a cottage industry has sprung up to support the burgeoning efforts of law firms to understand how to remain competitive, profitable and viable. As evidence of this, within the past year there have been numerous conferences and seminars aimed at teaching law firm management how to appropriately develop and use Business Intelligence, and a number of products and services are being offered to aid firms in their quest for actionable intelligence.
Features
Highlights of the latest equipment leasing news from around the country.
The California Supreme Court has thrown a wrench into the California trial courts' long-accepted practice of enforcing contractual jury waivers by holding that such pre-dispute waivers do not effectively supersede a party's constitutional right to a jury trial. The court's conclusion is not surprising given the express provisions of the California Constitution, but it nonetheless sent a shockwave through the finance and leasing community.
Features
Expenditures to implement the provisions of the Sarbanes-Oxley Act ("SOX") are staggering. For instance, <i>CFO</i> magazine recently reported that 225 companies surveyed planned to spend an aggregate $6.2 billion on SOX compliance. It is no wonder, then, that questions are being raised as to the cost of this legislation relative to its benefits. This article examines the proposition that, given proper perspective and attention, SOX compliance can in fact lead to tangible benefits for equipment lessors.
Features
Last month's newsletter contained an article on The Cape Town Convention on International Interests in Mobile Equipment ("Cape Town" or "CT") and the related Aircraft Protocol ("Protocol" and together with CT, "the Treaty") <i>www.unidroit.org/english/conventions/mobile-equipment/main.htm)</i> The Treaty is expected to raise many questions and present new risks before and after its expected effective date early in 2006. How do you answer these questions and prepare for the day the Treaty becomes effective? What options are available to a diligent and responsible lender, seller, buyer, lessor or lessee? How does one answer many of the questions posed in the October newsletter article? Two potential solutions lie in obtaining quality legal opinions and/or title insurance covering Cape Town risks.
Features
Unlike consumer lenders and real estate mortgage brokers, lessors of business equipment have generally enjoyed freedom from state licensing requirements. A survey of state laws presented at this year's Equipment Leasing Association Legal Forum, however, has revealed that certain state licensing requirements do exist for commercial lessors, especially where motor vehicle leasing is concerned. This article describes certain of these requirements and highlights some of the areas in which there are statutes pertaining to licensure; the reader is advised to check the law in each state where he or she is doing business and never take freedom from licensing for granted.
