Court Finds Compelled Purchase Option in SILO Case
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
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.
A Leap of Faith
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.
The Impact of New Vehicle Technology
Part One of this article discussed the types of vehicle-related accidents to which children fall prey and described some ways technology has developed to avoid such accidents. The conclusion addresses the role of parents and caregivers in vehicle-related accidents and the new type of litigation spawned by new technology.
Be a Software Contract Hero
From the attorney's perspective, the RFP is a tool for collecting the information that becomes the heart and soul of the final contract and serves as a basis for the vendor's liability. This article spells out a "best-practices" RFP process, step by step.
LLC Interests May Constitute 'Securities'
Recently, the Second Circuit Court of Appeals, in affirming convictions for securities fraud and conspiracy to commit securities and mail fraud, ruled in <i>U.S. v. Leonard</i>, that interests in various limited liability companies ("LLCs") onstituted "securities" for purposes of the federal securities laws. The Leonard analysis is instructive of the process that a court will follow in considering the status of non-traditional securities, such as LLC interests, under the federal securities laws.
Reasonable Compensation for Law Firms and Attorneys
This article is intended to provide some fundamental guidance for attorneys and law firms whenever employee-owner compensation is at issue. In many instances, this focus will relate to ownership decisions regarding the overall allocation and character of enterprise profits, but the same concepts and analytical framework can be of benefit in the assessment of reasonable compensation for other purposes, such as the valuation of a non-compete agreement and in the segregation and measurement of personal/professional versus enterprise goodwill for dissolution of marriage purposes in jurisdictions where this aspect is in play.
IRS Regulations For Song Sales Tax Treatment
The Internal Revenue Service (IRS) has issued proposed and temporary regulations specifying the time and manner for electing to treat the sale or exchange of "self-created" musical compositions or copyrights as the sale or the exchange of a capital asset resulting in a potential capital gain.
Resolving the Enigma of Law Firm Leadership
When a firm finds itself in the midst of a management crisis, the place to begin to search for the source of the problem is at the top of the management hierarchy. This may not be a popular notion or an easy task. The purpose is not to find fault. The point is that an organization does not simply evolve. It must be built in an orderly manner. The values that are important to a firm have to be defined and centrally organized. The responsibility for these goals must be keyed to an organizational factor, whether this is a committee or an individual.
