Features
Dewey Witness Says She Never Intended To Defraud
A cooperating witness in the Dewey & LeBoeuf criminal trial, Dianne Cascino, testified last month that she didn't believe she was breaking the law when she made accounting adjustments as the firm's director of revenue support.
Features
Tackle Billing Now to Avoid a Year-End Surprise
Attorneys rarely think about billings and collections in the summer or early fall. Instead, those are topics often left to the year-end collections push. By waiting, however, attorneys lose money, assume risks and otherwise miss important red flags for potential problems that can be avoided or resolved.
Features
Buyout Funding and Death Benefits
Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.
Features
Time to Revisit Equitable Mootness
Recently, Third Circuit Judge Cheryl Ann Krause urged the court to "consider eliminating, or at the very least reforming equitable mootness." Two recent decisions from the Third and Ninth Circuits confirm why Judge Krause is right.
Features
The Evolution Between Outside and Inside Counsel
In this article, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more.
<b><i>The Voice of the Client:</i></b> Fruitful Feedback.How to Talk to Your Client So That Everyone Benefits
<I>"94% of global law firm clients were not asked for any formal feedback from their primary law firm." ' Acritas' Sharplegal research. "53% of law firms do not have a formal client feedback program." ' Citi 2013 Law Firm Leaders Survey.</I> It seems that many law firms aren't doing a particularly good job of talking with their clients. Why do so many firms fall down here?
Features
It's Time for a Data Protection Checkup
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Features
Behind the SEC's Recent Crackdown on Compliance Officials
On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
Does a Tenant's Right of Possession Trump a Sale Under Section 363?
This article explores several recent decisions evaluating whether a tenant's rights under section 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
Features
'Why Her and Not Me?' Best Practices for Initiating and Maintaining Relationships with Reporters
Reporters are under tremendous pressure to publish their stories quickly and attract readers. That makes it even more imperative for communications professionals to make it easy for journalists to remember which of your firm's attorneys are available for comment on key issues, have something to share that is both insightful and has bottom-line impact, and are readily accessible for comments.
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- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›