'Moral' Obligation to Adult Child Found No Bar to Restitution
October 31, 2005
In this age of corporate greed, the courts are faced with many new issues surrounding restitution. The appeal of Bernard Jaffe Jr. gave the Second U.S. Circuit Court of Appeals its first opportunity to define the term "dependent" under the Mandatory Victims Restitution Act of 1996, which requires district courts to order restitution to compensate victims for their losses "without consideration of the economic circumstances of the defendant."
Use And Abuse Of Experts In Matrimonial Cases
October 31, 2005
Most of us are familiar with using CPAs to value businesses, and psychologists and psychiatrists to make mental health assessments in custody cases. Pharmacological and DNA experts have become commonplace; so have employment experts in maintenance cases. However, there are many other uses of experts. Our imagination is the only limitation. Nevertheless, there are many things to consider when employing experts. Once you decide how to use your expert, you then must consider the expert's qualifications, the application of hearsay and other rules of evidence, as well as standards of professional practice.
Internet Job Applications
October 31, 2005
Regulations established by the Labor Department's Office of Federal Contract Compliance Programs (OFCCP) require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each "applicant" for employment. On Oct. 7, the OFCCP issued a final rule that adds a definition of "Internet applicant" and requires contractors to collect gender, race, and ethnicity information from certain individuals who apply through the Internet. 41 C.F.R. Part 60-1.
Employee Blogging
October 31, 2005
A growing number of employees are blogging (posting comments, photographs, and even audio streams, to an online diary or journal), both at work and at home. The proliferation of workplace-related blogging has created an additional legal minefield to be navigated by the growing number of employers whose workforce has access to computers, the Internet and related electronic information. This article provides an overview of some of the more significant legal and business issues facing employers whose employees engage in workplace-related blogging, and offers recommendations for such employers to consider in an effort to minimize the potential for legal liability associated with such blogging.
Supreme Court Outlook for 2005-2006
October 31, 2005
This term, the United States Supreme Court will consider a number of cases that may impact employers and employees. Here is an in-depth rundown.
Compliance Hotline
October 31, 2005
Recent rulings of importance to you and your practice.
Discount Stock Options As Deferred Compensation
October 31, 2005
Recent legislation has heralded a dramatic shift in the United States federal income tax treatment of nonqualified deferred compensation arrangements. One of the potentially more far-reaching aspects of the legislation is its effect on individuals who receive certain non-statutory stock options for their services. This article focuses on the circumstances under which the Act treats compensatory stock op-tions as nonqualified deferred compensation for federal income tax purposes, the consequences of such treatment, and the resulting practical considerations in dealing with the treatment of certain stock options as nonqualified deferred compensation.
Money Laundering Compliance Examinations
October 31, 2005
Last month, we pointed out that for money-laundering compliance officers, a classic Bob Dylan song offers a word of sound advice: "You better start swimming or you'll sink like a stone, for the times they are a-changin'." We said that the biggest change financial institutions face is the new, expanded-scope anti-money laundering (AML) regulatory examination, and the proliferation of Written Agreements, Memoranda of Understanding, or Cease and Desist Orders issued by bank regulatory agencies should the financial institution be found to be deficient. We explained that bank regulators are focused on multiple issues: Commitment to AML, SARS (suspicious activity reporting and detection) and Risk Ranking. In this article, we discuss the fourth concern: Policies and Procedures.
