Legal Business and Employment Outlook: Recruiter Views
The following remarks are excerpted from "The Outlook for 2004: A Recruiter Roundtable." Lawyers, firms and corporate legal departments can all find reasons for optimism in over a dozen interrelated trends identified by this thoughtful panel.
The Ethics of Double Billing
In this new article for <i>A&FP</i>, Professor Ross takes a fresh look at one of several vexing billing problems he explored in his 1996 book, "The Honest Hour: The Ethics of Time-Based Billing By Attorneys."
First Sarbanes-Oxley Whistleblower Decision
In the first ruling applying the whistleblower protections of the Sarbanes-Oxley Act of 2002, 18 U.S.C. ' 1514A, an Administrative Law Judge (ALJ) ordered a bank holding company to rehire its former Chief Financial Officer (CFO), after finding that the company fired the CFO in retaliation for reporting alleged accounting misconduct to the company's Chief Executive Officer (CEO), outside auditors, and others.
Changes in International Civil Justice Law: The Gathering Storm
Europe's approach to civil liability law and litigation is changing. As part of the European Union's (EU) move toward a common economic culture, virtually every aspect of EU civil justice law and procedure is under review. Thus far, the laws governing product safety and commercial dealings between businesses and consumers have begun tilting toward greater liability for businesses. Whether it is strict product liability, class actions, lawyer advertising, or variations on the contingent fee, many of these changes have been seen in the United States and are starting to migrate across the Atlantic.
QDROs for Enforcement Purposes
As matrimonial practitioners, we are often confronted with the problem of enforcing either pendente lite or post-judgment awards of support, equitable distribution and counsel fees. Perhaps one of the most overlooked enforcement tools is the Qualified Domestic Relations Order (QDRO). While QDROs are used routinely to distribute all kinds of qualified deferred compensation benefits, they are also available for enforcement purposes.
Recent Developments in Executive Compensation
Although executive compensation has been the subject of evolving reform for several years, the bright spotlight of public attention is now focused on this issue, due in part to the bursting of the stock market bubble, the collapse of Enron, and a number of other highly publicized corporate scandals. The image of executives enjoying excessive compensation packages as revenues and earnings decline, and stock values of the companies they manage plummet, is a dangerously common stereotype.
Internal Control Reports: The Next New Thing
Many public companies have already begun to prepare for compliance with Section 404 of the Sarbanes-Oxley Act of 2002 (the Act). Management and directors may not be clear on the framework for Section 404. Although Section 404 does not require disclosure in Annual Reports for the calendar year-end 2003, requisite lead times suggest that by now companies must be working diligently on compliance planning.
Digital Stealth Secrets and the Act
Corporate accountability (Section 302, 404 and 409 of SOA) has moved to priority status for most businesses. This article has as its core just one premise: understanding the risks associated with digital stealth fraud in the workplace, and what it can do to your company.
