'Physician-Assisted Suicide' Passes Supreme Court Muster
March 29, 2006
On Jan. 17, the U.S Supreme Court announced its decision in <i>Gonzalez v. Oregon</i>, upholding Oregon's state law on so-called 'physician-assisted suicide.' The Supreme Court decision rejected an effort by the Justice Department to punish physicians who assist terminally ill patients with prescriptions of lethal doses of controlled medications pursuant to the Oregon Death With Dignity Act (ODWDA). The case had been widely followed as it proceeded through the federal court system, and is now expected to invite similar legislation as other states consider enacting assisted-death laws. In this article, we consider the state and federal legislation that was placed at loggerheads by an administrative directive of the Attorney General of the United States; the decisions of the lower federal courts presented with the issue; and the ultimate disposition of the matter by the Supreme Court.
In the Marketplace
March 29, 2006
Highlights of the latest equipment leasing news from around the country.
Legislative Update
March 29, 2006
At its Feb. 15, 2006 Board Meeting, the Financial Accounting Standards Board affirmed decisions on the remaining issues concerning the proposed FASB Staff Position FAS 13-a, 'Accounting for a Change or Projected Change in the Timing of Cash Flows Relating to Income Taxes Generated by a Leveraged Lease.' These issues had been discussed at the Board's Feb. 8 educational meeting.
Computer Forensics Docket Sheet
March 29, 2006
Court Weighs Defendant's Use Of Data-Wiping Software, Finds Proof Of Willful Destruction Alleging that the defendant infringed on its motion-picture copyright, the plaintiff sought a permanent injunction, attorneys' fees and costs, and money damages. After uncovering the defendant's alleged activities by tracing his Internet protocol address, the plaintiff was granted access to the defendant's computer and hired a Kroll Ontrack computer-forensics expert to conduct an examination. The expert determined that, after wiping all data off…
Smart Discovery
March 29, 2006
The explosion of electronic documents in business, and the corresponding and increasing mass of e-discovery associated with litigation, have put pressure on litigators and possible parties to litigation to find the most effective means of reducing costs.<br>Although the review phase is receiving a lot of attention because of the high cost of per-document view (or any measurable quantity) that can easily be racked up, the smart bet is that the first mile on the discovery journey ' the collection and initial processing ' is the first, and very a important, place to look for savings.
Litigation
March 29, 2006
Recent rulings of interest to you and your practice.
Like Kind Exchange for Equipment Leasing
March 29, 2006
Competitive pressures in the Equipment Leasing Industry continue to build into 2006. Although industry surveys project a healthy 7% to 8% growth in overall leasing volumes from 2004 to 2006, readily available capital continues to drive down returns as well as margins, especially for the best credit customers. In reaction to these competitive pressures, savvy lessors are increasingly taking advantage of a tax strategy involving the implementation of a Like Kind Exchange ('LKE') Program. LKE Programs enable equipment lessors to systematically avoid current recognition of taxable gain on the disposition of tax leased equipment and defer the requisite payment of state and federal income tax.
