'You're Fired!'
January 29, 2008
For Donald Trump, 'You're fired!' has become a money-maker. But for Human Resources managers and in-house counsel, 'You're fired' is a dreaded phrase that will bring not an increase in ratings, but an increase in lawsuits. A poorly executed termination exposes the employer to significant liability; even a simple discrimination claim can cost the employer $100,000 in defense costs.
Should Auld e-Commerce Be Forgot?
January 29, 2008
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.
Majority Voting in Director Elections
January 29, 2008
Majority voting for the election of directors has been transformed from a fringe concept to the prevailing election standard among large public companies in the brief span of three years, as demonstrated by the November 2007 edition of the <i>Study of Majority Voting in Director Elections</i>. Statistics and examples drawn from the Study underscore that majority voting has become a relatively mature, as well as widespread, movement.
What Is a 'Risk Assessment' and How Do You Perform One?
January 29, 2008
There is an an alphabet soup of acronyms, programs and initiatives suggesting, encouraging, cajoling and, in many cases requiring formal, written codes of ethics and business conduct. This article endeavors to make sense of it all and provide some practical advice on to best protect your company by focusing on the one common thread found in virtually all of the new statutory, regulatory and enforcement guidance: 'Risk Assessments.'
In the Courts
January 29, 2008
Rulings of interest to you and your practice.
'Fraud Control Gap'
January 29, 2008
A 2007 study by the author's firm's Deloitte Forensic Center revealed relatively weak performance in many companies' fraud controls, raising concerns about the effectiveness of key aspects of corporate compliance, ethics and risk management programs. In-house counsel should consider how the findings might apply to their companies and what remedial steps they can take.
Can I Get a (GAAP) Witness?
January 29, 2008
John and Timothy Rigas ('the Rigases') were convicted in 2004 by a federal jury for their roles in looting millions of dollars from Adelphia Communications Co. and for failing to disclose billions of dollars in company liabilities on Adelphia's financial statements. In their appeal to the Second Circuit, the Rigases argued that because their convictions were predicated on Adelphia's accounting for liabilities in its financial statements, the prosecution was required to call an accounting expert to explain the technical aspects of applicable Generally Accepted Accounting Principles (GAAP). The Second Circuit recently affirmed all but one of the counts of convictions. Here is an analysis of the case.
Tax Crimes: Has the Bright Line Moved?
January 29, 2008
The authors are longtime members of the ABA Section of Taxation Civil and Criminal Tax Penalties Committee. Their thrice-annual Saturday morning meetings used to involve continuing education only among lawyers joined by the common bond of representing clients who were not just aggressive in their tax affairs but who really cheated (or at least were thought to have by the government). For the past few years, though, their sessions have been packed with practitioners who never before cared much about developments in the world of criminal tax law. Here's why.
