The KPMG Tax Shelter Case and the Right Against Self-Incrimination
September 24, 2008
In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. <i>United States v. Stein.</i> This article discusses the case in depth.
Can MySpace Suits Can the Spam?
August 28, 2008
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
Establishing Best Practices
August 28, 2008
When it comes to work product production, internal and external communication, or workplace safety, the question becomes: "Is there adequate input when these policies are developed, and who are the enforcers?" As important, is the question, "Do established best practices hamper client relations or staff professional development?"
Becoming a Law Firm Partner
August 28, 2008
Interviews with senior associates and individuals in their first or second year of partnership (particularly equity partnership) reveal that they frequently face a number of surprises ' even shocks ' when they enter their new, long-desired status. Here's what to do about it.
What Your Firm Can Learn from Toyota
August 28, 2008
Six Sigma is a disciplined methodology for eliminating defects in any process ' from manufacturing to transactional law. Following this efficiency matrix, LEAN Processing, as developed by Toyota, is without question the most important approach to business process of our times.
Lessee Remains Liable to Lessor Following Failed Mitigation
August 28, 2008
In <i>Giant Eagle, Inc. v. Phar-Mor, Inc.</i>, the United States Court of Appeals for the Sixth Circuit held that the lower courts erred in their determination that once a lessor mitigates its damages by entering into a substitute lease, the lessor cannot claim damages from the original lessee for the period covered by the new lease if the substitute lessee subsequently defaults. Here is a discussion of the case.
Court Finds Compelled Purchase Option in SILO Case
August 28, 2008
In the recently decided AWG Leasing Trust case, No. 1:07-CV-857 (N.D. Ohio 2008), a federal district court found against a taxpayer that engaged in a cross-border sale-leaseback of a waste-to-energy facility located in Germany. Herein is a discussion of the case and its aftermath.
Developing a Coordinated Corporate Social Responsibility Program
August 28, 2008
Last month, the author discussed what a corporate social responsibility (CSR) program entails and how the key to creating a successful CSR program is to establish stakeholder value across the board. This followup article explains the seven steps to be taken in establishing such a coordinated CSR program.
