In the era following Enron, Worldcom, Tyco, IMClone and Martha Stewart, when fraudulent actions, or even alleged fraudulent actions, can cause significant stock market losses, those operating "on the edge," if found guilty of "going over the edge," may face a sentence that could include incarceration as well as economic punishment. Since the corporate scandal trials almost always involve financial re-engineering, it is no surprise that these trials and the concomitant publicity would have an impact on sale-leaseback transactions ("SLTs") and those planning such transactions. It thus should be expected that in the post-Enron era, all financial and accounting transactions will be examined with a heightened degree of scrutiny, particularly those with an aroma of fancy accounting. Corporate executives and outside advisers now know that it is much harder to obtain a free pass for bad accounting. With the stakes for advising aggressively on SLTs having been significantly raised, it follows that SLTs are now becoming increasingly more difficult and complicated to complete.
- October 06, 2004Jeffrey H. Newman and Mark Levenson
For the past 4 years, the subject of accessibility to movie theaters, primarily wheelchair access and captioning for the deaf and hard of hearing, has been the basis of much litigation in the federal courts. For wheelchair-bound patrons, the increasing number of theaters employing stadium-style seating spurred them to the courthouse while for the hearing impaired, it was the development of new technologies that gave impetus to their efforts. Although the plaintiffs have not always been successful, these lawsuits, as well as new Accessibility Guidelines for Buildings and Facilities issued under the Americans with Disabilities Act ("ADA"), are forcing theater owners to make changes to existing theaters and plan new theaters in different ways. (See related article, Proposed Revisions to the ADA's Physical Accessibility Guidelines Released, Sept. 2004 CLLS.)
October 06, 2004Suzanne Ilene SchillerU.S. Cybersecurity Chief Abruptly Resigns
AOL Rejects Microsoft's Anti-Spam StandardOctober 01, 2004ALM Staff | Law Journal Newsletters |Recent cases in e-commerce law and in the e-commerce industry.
October 01, 2004Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. NeuburgerGoogling" has become the preferred way to check out a potential date, anonymously, and without the target's knowledge. You just put the name into the popular search engine to see whatever may appear, good or bad.
But what would a potential customer find if it did the same thing for your business, or your key employees? Would a prospective hire or acquirer be scared away by your firm's online tracks?October 01, 2004Stanley P. JaskiewiczRecent developments in e-commerce law and in the e-commerce industry.
October 01, 2004Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. NeuburgerFranchise statutes and regulations apply to the Internet. Court decisions clearly state that suppliers who use the Internet to sell goods and services ' with independent distributors, dealers, or sales agents helping ' may be franchisors under federal or state law.
October 01, 2004Jonathan BickLaw firms, which are as much a part of the e-commerce world as any enterprise they advise, are more often offering clients protected access to their personal case information over the Internet.
Clients expect their attorneys to use the most modern communications technologies, including the Internet. Using the Internet, through the firm's Web site, to communicate with clients and other attorneys can be fast, efficient and cost-effective. Providing confidential information over the Internet, however, can increase legal liability for the law firm. As of now, courts and bar associations provide little guidance for lawyers facing these new ethical and legal issues.October 01, 2004Jonathan BickSurvivorship Interest Not Terminated By Unilateral Conveyance Hardin v. Rubin NYLJ 7/28/04, p. 20, col. 1 Supreme Ct., Kings Cty (Jacobson, J.) In an action by the daughter of the original owner's deceased son to establish that she owns a 50% interest in the subject parcel, the transferee from the original owner's daughter moved to dismiss the complaint. The court granted the transferee's motion, holding that the son's conveyance to himself did not terminate the daughter's survivorship interest. …
October 01, 2004ALM Staff | Law Journal Newsletters |A list of everything contained in this issue.
October 01, 2004ALM Staff | Law Journal Newsletters |