Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Who's on Your Board?
April 30, 2008
For companies of all sizes, the decisions made in the boardroom will affect how they operate and may ultimately determine success or failure. Whether in response to legislation or good business sense, the use of forensic accountants at the boardroom level will become more prevalent as management responds to the pressures for establishing controls aimed at preventing fraud.
Seeking Financial Agility in the Face of Rapid Business Change: Survey Links Key Finance Challenges to Major Budgeting Pitfalls
April 30, 2008
There is no doubt that current economic conditions are more challenging and unpredictable than ever. Those organizations that can muster the courage and the fortitude for incremental change can make huge strides in enhancing their agility and competitive advantage, particularly in times when the going gets tough for everyone.
The Role of Law Firm Treasurer
April 30, 2008
Recently, we had the opportunity to spend time with two executives, Jeff Hohner, Treasurer for Kirkland & Ellis, LLP and Rick Nietsch, Treasurer of White & Case LLP. These two men are at the forefront of managing the increasingly complex and global fiscal requirements of today's leading law firms.
What Is Reasonable?
April 30, 2008
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.
TiVo v. EchoStar: Federal Circuit Does the Time Warp
April 30, 2008
In <i>TiVo, Inc. v. EchoStar Commc'ns Corp.</i>, the Federal Circuit affirmed TiVo's $74 million judgment against EchoStar and reinstated TiVo's permanent injunction. If the parties could go back in time having the benefit of the Federal Circuit's decision, the patent-in-suit might be drafted differently and the claim construction arguments might be more persuasive. This article explores some of the lessons from the Federal Circuit's decision.
Who Owns the Web Site? Preventing Disputes Between You and Your Web Designer
April 30, 2008
Hiring an outside Web designer can be an efficient and effective way of ensuring a high-quality Web site for a company. However, when the relationship with the designer ends, the question of who owns the copyright in the Web site can lead to contentious and costly litigation.
Court Watch
April 30, 2008
Typically, the Court Watch column is dedicated to the presentation of recent notable judicial decisions in, as much as possible, a non-biased way. This month, I am going to break with that tradition, and while briefly reviewing several recent cases relating to arbitration in the franchising context, I will raise for consideration at the same time the question of the desirability of using arbitration as the preferred means of dispute resolution.
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