<b><i>Commentary: </b></i>Reject Demands for Unbundling
July 30, 2007
If the 'unbundling' advocates have their way, the Federal Communications Commission ('FCC') might as well change its name to the Federal Unbundling Commission. These advocates are pushing the FCC to adopt new rules to require more intrusive supervision of cable operators' interactive digital products. Unless a majority of the five-member commission indicates clearly that it rejects the injurious notion that broadband service providers must engage in ongoing unbundling of their networks ' separating the provision of Internet access service from Internet content ' the agency should start printing new stationery.
Taxes and the Internet
July 30, 2007
Famous 18th-century technology geek Benjamin Franklin once complained that 'nothing in this world is certain but death and taxes.' These days, perhaps it's certain that this quote will appear in any tax article, but if taxes were a problem for inventors in Franklin's era (and he was an accomplished inventor himself), it shouldn't be surprising that they continue to confound experts on the Internet and e-commerce today.
Hotline
July 30, 2007
Recent rulings you need to know.
Creating the Office of Technology Counsel
July 30, 2007
It appears that the law and technology are conspiring to make life difficult for corporate counsel and IT departments. Invariably, the stresses of electronic discovery have been exacerbated by the increased demands placed on counsel through the promulgated amendments to the Federal Rules of Civil Procedure (FRCP). Specifically, the amended rules require exponentially more information about the technical framework of a corporation at the earliest stages of litigation. The more focused or litigious corporations are quickly recognizing the need to bridge the gap between law and technology to ensure compliance with these ever-changing legal requirements and advancing technologies. This pinpoint nexus between law and technology is creating the need for an Office of Technology Counsel (OTC).
EEOC Targets 'Unconscious Bias'
July 30, 2007
Unconscious bias' is a fundamental element of the EEOC's recent initiative called Eradicating Racism and Colorism from Employment (E-RACE), an enforcement effort that focuses on filing lawsuits challenging 'subtle' discrimination and educating employers. Could your organization be hit with a race discrimination lawsuit for 'unconscious bias'? How do you prevent legal liability for unconscious acts? This is a question puzzling many legal counsel as they try to protect their organizations.
Ruling Signals Change in French Tax Treatment of LLP Distributions
July 30, 2007
Earlier this year, the French authorities signaled that a welcome change may be afoot in the tax treatment of distributions from UK LLPs under French law. (Most U.S. firms operate in France through the UK, unless they are grandfathered and in practice in France since the early 1990s.) This article discusses the scope of the ruling and its ramifications for UK firms considering a LLP conversion or those already in or contemplating alliances with French firms.
Unfunded Retirement Plans: An Ongoing Problem
July 30, 2007
During the past year, we witnessed a marked increase in the number of law firms, both large and small, which are finding that their existing unfunded retirement plans are becoming significant, disruptive forces. The underlying problem created by these plans is that the plans result in current income being diverted to former partners, thereby reducing the compensation of the remaining active partners. Today, the combination of an expected spike in retirements related to the baby boom generation and, for many firms, greatly increased benefit exposure due to sharp increases in firm profitability that is factored into the value of retiree benefits, stand ready to test the financial viability of even the strongest firms.
Case Management and Analysis
July 30, 2007
In the last few decades, 'going to trial' has lost its luster. Corporate counsel and business leaders have grown wary of the risk, expense and diversion of resources associated with trials. As plaintiff lawyers availed themselves of new theories of liability and liberal discovery, courts have grown congested and the road to verdict has grown longer. Trials have become synonymous within the business community with aberrant verdicts and wasteful expenditures of time and money.
Largest FCPA Fine in History Is Warning for All
July 30, 2007
Earlier this year, Baker Hughes Inc. ascended to the top of an exclusive and prominent list, but it is one on which few companies would want be mentioned. On April 26, 2007, the Texas-based oil field products and services company announced that it was settling a federal probe alleging that it violated the Foreign Corrupt Practices Act ('FCPA'), and that it would pay fines and penalties in excess of $44 million ' the largest combined punishment under that law. It was truly one for the record books ' at least for the time being.
Taxes and the Internet: Haven't We Heard This Before?
July 30, 2007
Famous 18th-century technology geek Benjamin Franklin once complained that 'nothing in this world is certain but death and taxes.' These days, perhaps it's certain that this quote will appear in any tax article, but if taxes were a problem for inventors in Franklin's era (and he was an accomplished inventor himself), it shouldn't be surprising that they continue to confound experts on the Internet and e-commerce today.
