OPEB, COLI and Post-Retiree Needs
August 28, 2009
At the same time steps are being instituted to curtail COLI, there is an ever-increasing need to fund for employee medical care and post-retirement medical expenses. The use of COLI and the new Health Savings Accounts ("HSA") can provide a robust funding vehicle.
Recognizing Origination
August 28, 2009
According to the author: "While a good system and good decisions require that origination be recognized and rewarded, it has not been my experience that a change in compensation system will make rainmakers out of service partners."
Gaining Confidence in Alternative Billing
August 27, 2009
Firms that model matter planning scenarios provide their partners and business development staff with the crucial ability to gauge up front how different approaches to pricing and staffing will affect profitability. Modeling allows firms to make adjustments before making their bid ' and therefore price alternative billing arrangements with confidence.
Proposed Changes to Disclosure Rules
August 25, 2009
On July 10, 2009, the Securities and Exchange Commission (SEC) released its proposals for a number of changes to the compensation disclosure and proxy rules. Many of the proposed changes do not seem dramatic at first glance, but they could lead to surprising results.
Where's the Door?
August 25, 2009
A retail tenant negotiating a new lease should always consider its alternatives for exiting from the lease relationship in the event that circumstances change in the future.
The Impact of the Credit Crisis on DIP Financing
August 24, 2009
Prior to the global credit pandemic, a company in default or that faced a near-term covenant breach could either obtain relief through waivers and amendments, or refinancings. As the availability of credit shrank, the latter choice was no longer a viable solution. Moreover, a by-product of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing).
Update on Climate Risks and Insurer Responses
July 29, 2009
The risks posed by global warming have become a priority for both political and business leaders worldwide. Corporate policyholders and their insurers are facing new disclosure obligations and compliance costs as well as potential first-party losses and third-party liabilities resulting from climate change. This article provides an overview of recent developments of particular interest to corporate policyholders.
Selecting a Leasing Broker
July 28, 2009
In order to assure that a firm chooses the best broker for the job, management should begin by soliciting proposals from a minimum of three or four brokers through an appropriate Request for Proposal process. To be certain that the RFP process provides the firm with relevant information from each broker to reach the best decision, the RFP should request detailed responses to the 10 questions addressed in this article.
Avoid Double Taxation
July 28, 2009
The People's Republic of China has issued two circulars providing detailed compliance requirements aimed at reaching foreign service providers with clients in China. These new provisions will likely cause U.S. and multinational law firms with clients in China to reconsider existing practices and client engagement procedures in order to avoid the possibility of double taxation.
