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.
On the Move
September 24, 2008
Who's going where; who's doing what.
How to Avoid Insider Preference Liability
September 24, 2008
The Tenth Circuit held on July 15, 2008, that a major creditor with a seat on the debtor's board of directors and a 10.6% equity interest was not an insider in a bankruptcy preference suit. As shown in this article, the decision contains a road map for corporate insiders on how to avoid preference liability.
The Financial State of the Automotive Industry
September 24, 2008
Despite all the recent media attention focused on bankruptcy concerns among the domestic three automakers, we do not anticipate any domestic OEM filing for bankruptcy protection. However, we anticipate increased bankruptcy activity within the supplier base in the latter part of 2008 and into 2009.
LAW FIRM MARKETING AND DIVERSITY
August 29, 2008
LAW FIRM MARKETING AND DIVERSITY continues the discussion from our last column. Women and minority lawyers will enrich our services to in-house counsel because they bring multiple perspectives to bear on so many legal issues. After all, there is alot more involved than writing briefs and inking contracts. My AGC colleague may still disagree with the benefits underscored in this and the previous column, but by having an open discussion, you have gone a long…
Auction Web Site Off the Hook
August 29, 2008
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
GIVING 'TIL IT HURTS<i>Developing a Firm Giving Policy</i>
August 28, 2008
There is no firm in business today that isn't inundated regularly by requests for contributions, whether they are for charitable, community or political causes. For the community-minded firm, the requests can be overwhelming, as is the feeling that you do indeed want to help the organization requesting your help. But how can you serve your community ' and frequently, your firm ' without hurting your own firm's budget and community relations? You can say yes'
Rambus
August 28, 2008
Part One of this article provided background relating to IP disclosures in standard setting and discussed the <i>Rambus</i> decision. This month's installment addresses the impact of <i> Rambus</i>.
Claim Preclusion
August 28, 2008
The manufacturer/customer privity hurdle in patent infringement suits can be overcome by application of the <i>Kessler</i> doctrine. This article explains.
