Is Your Qualified Plan Prepared for A DOL Investigation?
The letter reads that there will be a visitor from the Department of Labor (DOL) coming to your business in roughly four or five weeks. The reason for the visit: they have determined they want to investigate your retirement plan(s). Whatever the reason, you have some time to prepare. What should you pay attention to in this prep time and what could the results be of an investigation like this?
The Student Privacy Bill Of Rights
The main federal laws designed to protect student privacy have not been updated to keep pace with the Digital Age. The lack of legal protections for our students' personal information that is stored in the cloud has made a Student Privacy Bill of Rights a necessity.
Features
Leadership: Raising Your Persuasion Quotient
What's your Persuasion Quotient (PQ)? How skilled are you at persuasion? How can you improve your persuasion skills?
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Chaotic Case-by-Case Project Management
Across the nation, there exists a relatively untested notion that the only approach to e-discovery is case-by-case ' that every unique case requires an equally unique approach to discovery. While this phenomenon is a natural component of any industry seeking standardization, the unfortunate byproduct can be seen when organizations incur great costs to marry pre-existing on-premise solutions with whatever contracted-for solution is required to react to the case that came down the pipe today.
Features
Corporate Restructuring
A scheme of arrangement is a tool of English corporate law that has been used in M&A and restructurings for decades. Here's what it means..
Low-Tech Optimizers for High-Tech
The IT department is a natural resource for business analysis. The firm's website and the search engine optimization of the firm are easy enough to do for a Web professional. The difficult things are those that appear easy on the surface. These are the areas I consider of greatest importance in conducting a business analysis task and ultimately understanding the client. The IT department has the best tools for engagement.
Ten Reasons to Just Say No to New Work
The relentless pursuit of revenue in this era of decreased legal spending has created an environment in which it is anathema to turn away work. The battles to land new clients and matters are fierce and the consequences of losing are far more damaging than ever. Nevertheless, there are times when the smart play is to decline, no matter how alluring the likely fees are.
Features
Three Magic Words
To be successful in generating new business and attracting new clients, it is essential to speak the language of your target clients. Furthermore, lawyers should actually use the words that clients want to hear.
Whistleblower Rights Expand with Supreme Court Ruling
A recent Supreme Court ruling could have significant consequences for law and accounting firms, as well as all businesses working with public companies.
Grandparent Visitation
Last month, we looked at how a grandparent may establish standing to seek visitation with a grandchild over the objections of the parent. Once this predicate showing is made, the grandparent must next overcome the presumption in favor of the fit parent if he or she wants to get court-ordered visitation rights.
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MOST POPULAR STORIES
- 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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- 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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›