Thompson Memorandum on Fees Found Unconstitutional
August 31, 2006
Strong words: KPMG refused to pay its employees' legal fees because the government held a 'gun to its head' and thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case have shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).
Quarterly State Compliance Review
August 31, 2006
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect during the summer of 2006, including amendments to Delaware's corporation and unincorporated entity laws. This edition also looks at recent decisions from the courts of Delaware, Nevada, and California.
Records Management Goes 'C Suite'
August 31, 2006
Just 5 years ago, if you were to approach a C-suite executive about discussing his company's record-keeping policies and procedures, you likely would have been shown the door. After all, wasn't record-keeping, file storage and electronic data retrieval the purview of middle management; perhaps residing somewhere in facilities management, information technology, or human resources? Today, a few years and numerous perspective-changing developments later, a topic that once resided quietly in back offices and file rooms has emerged at the epicenter of high-level business conversations around internal controls and risk management. What happened?
Landlord & Tenant
August 31, 2006
Recent rulings of importance to you and your practice.
Development
August 31, 2006
Recent cases and expert analysis.
Index
August 31, 2006
A complete listing of this month's contents.
Is the Statute of Frauds Still Absolute?
August 31, 2006
If Cervantes were to say today, 'An honest man's word is as good as his bond' (Don Quixote, Book IV, Ch. 34), both knowledgeable real estate professionals and their counsel would probably respond, 'except for real property transactions.' While in many areas of the law, unwritten agreements are more readily enforced, it remains accepted as axiomatic that under the principles of the statute of frauds, only a 'writing' will create obligations in connection with real property interests.
