Leadership Needed
During a recession, the fact that partners may be high-quality lawyers is simply not enough. Leadership and sound management practices are required to manage the firm's resources, ensure adequate cash flow, and develop and implement the marketing and planning processes.
Features
China's Transition to a VAT System
Over the past 12 months, China has begun to transition from a business tax ("BT") system to a Value Added Tax ("VAT") system using Business to Value Added ("B2V") pilot programs. These B2V pilot programs have been introduced in Beijing and Shanghai for certain industries, including legal consulting services.
Features
Leasing Technology and the Business of Law
Leasing technology may or may not be the right decision for your firm; however, in the spirit of the season ' budget season, that is ' this article highlights the seven best practices when leasing technology as well as the seven deadly sins to avoid.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
Civil Authority Provisions in Property Policies
Courts have generally interpreted "civil authority" provisions as requiring that access to the insured premises must be made impossible and have consistently resisted attempts by insureds to expand coverage to situations where access to the insured premises is merely made inconvenient.
Do Pollution Exclusions Apply to Non-Polluters?
This article addresses an issue that is being increasingly raised in one guise or another: namely, whether pollution exclusions can apply to parties who have no connection whatsoever to pollution — <i>i.e.</i>, non-polluters.
Features
<i>FTC v. Google</i>: Lessons Learned
Twice in less than 12 months, the FTC has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made in its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
Features
No Vote Yet on National Net Sales Tax Collection Bill
Congress adjourned Sept. 21 without further action on a House bill that would require remote sellers to collect and pay sales and use taxes on purchases made by residents of states in which the sellers have no physical presence ' after the states implement a simplified collection and payment system.
Speed Traps, Lemonade Stands and ' e-Commerce Issues
What does an inspection binge by a local municipal code enforcer who may have visited the lemonade stand you operated as a kid have to do with your e-commerce business in 2012?
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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 ›